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Terms & Conditions

ALTEC Industriële Identificatie B.V., whose registered office is in Papendrecht

Article 1: Applicability

We may collect the following information:

  1. These conditions apply to all legal relationships between the private company with limited liability ALTEC Industriële Identificatie B.V. (hereinafter called “Altec”), whose registered office is in Papendrecht, and third parties (hereinafter called “the client”).
  2. These trade conditions are primarily applicable to all offers, quotations, and agreements of sale, but insofar as possible are also applicable to other types of contracts, including mixed contracts. These conditions are equally applicable to all agreements previously, and yet to be, concluded.
  3. Derogations and additions to these trade conditions are only possible if they have been expressly agreed by Altec in writing. Any conditions used by the client are hereby expressly rejected.

Article 2: Quotations/Agreements

  1. Unless otherwise has been expressly agreed, all offers and/or quotations of Altec are without obligation, and shall be deemed to be one and the same. The agreement shall only come into effect when such has been confirmed by Altec to the client in writing.
  2. All offers of Altec shall be valid for a period of 30 days unless a different validity period is explicitly stated in writing.
  3. All price lists, brochures, and other specifications, such as dimensions, weights, capacities, and quantities, attached to the quotation shall be as accurate as possible, but without obligation. Altec does not guarantee the accuracy, completeness, or currency of such information. The specifications shall only be binding if such is expressly stated. Details do not have to be provided.
  4. Any inaccuracies in the order confirmation must be notified in writing to Altec within eight days after the date of the order confirmation on penalty of cancellation.
  5. Additional agreements, changes and/or commitments, as well as (verbal) arrangements and/or commitments made subsequently by personnel of Altec, or on behalf of Altec by it is sellers, agents, representatives, or other intermediaries, shall only bind Altec insofar as such have been confirmed by it in writing.
  6. The mere issuing of a quotation to the client does not obligate Altec in way whatsoever to conclude an agreement.
  7. For activities for which, due to their nature and size, no quotation and/or order confirmation is provided, or in relation to supply on demand orders and/or part deliveries, the invoice shall also serve as the order confirmation, which shall be deemed to give an accurate and complete representation of the agreement.

Article 3: Price, payment, and security

  1. The agreed price is exclusive turnover tax (VAT) and is based on the price factors known at the time the quotation was made. Altec is at all times entitled to charge on any interim price increases and any additional costs to the client. Altec shall likewise at all times be entitled to immediately charge on all – increases in – import duties, taxes, levies, and exchange rates.
  2. Complicated text, illegible copy, inadequate data files, and any other inadequate supply of the materials, products, or other supplies to be provided by the client, which force Altec to undertake extra activities or incur more costs than it could reasonably have expected when the agreement was concluded, shall be grounds for an increase in the agreed price. Extraordinary processing difficulties, or such which could not have reasonably been foreseen, arising due to the nature of the materials and products to be processed shall be grounds for an increase of the price.
  3. Unless otherwise is agreed, payment must be made within 30 days of the invoice date. Payments shall be made, without the client being entitled to invoke a right of suspension or settlement, by transfer to the bank or giro bank account designated by Altec. The costs in connection with the payments shall be for the account of the client.
  4. In the event the client does not pay the amount owed by it on time, it shall owe to Altec, without any notice of default being required, a late payment interest of 1.5% per month, calculated from the invoice date, whereby a part of a month shall be treated as a whole month. Furthermore, in such an event the client shall then owe all the associated extrajudicial and proceedings costs, which shall amount to 15% of the total claim, such at a minimum of € 250 per event.
  5. Payments shall be deemed in the first place to pay for all interest due and debt collection costs, and then successively to pay for the payable invoices in relation to which no legal retention of title has been stipulated, and thereafter for the longest outstanding invoice, such even if the client has stated that the payment is in relation to a different invoice. Altec is at all times entitled to suspend the fulfilment of its obligations for a period equal to that which the client is in default of timely payment.
  6. The claim against the client shall be payable immediately and in full, therefore inclusive interest, costs, and any other invoices not yet payable, in the event of any other attributable shortcoming of the client and/or previous late payments, or if its goods are seized and/or an application is made for a suspension of payments, bankruptcy, or to be placed under administration. The client shall then be legally deemed to be in default regardless of any payment deadlines previously agreed.
  7. In the event of late payment, as well as in the other circumstances detailed above, Altec has at all times the right to suspend the performance of, or at its discretion to wholly or partially dissolve, the agreement without being liable to pay any damages whatsoever.
  8. Regardless of the payment conditions agreed, Altec shall at all times be entitled to demand from the client payment in advance or the provision of satisfactory security before commencing, or continuing any previously started, supply. If the required security or (advance) payment is not provided within the set period, Altec shall be entitled without further notice of default to consider the agreement as dissolved, without being liable to pay any damages.

Article 4: Supply

  1. Any delivery times given by Altec shall in all cases be estimated times, and shall therefore at no time be considered as fixed deadlines, unless otherwise is expressly agreed in writing.
  2. In the event certain goods are not in stock, Altec has at all times the right to make part deliveries, or, such at the discretion of Altec, to supply similar – in terms of functionality, quality, and price – goods.
  3. If for supply-on-demand no periods have been set within which the orders must be called up, Altec shall have the right, if everything has not been, or not fully, called up, to demand in writing that the client set a period within which the total amount must be called up. The client must comply with this demand within eight days, whereby the period to be set shall not be longer than three months.
  4. If products produced specifically for the client are to be supplied, Altec has the right to supply and invoice the client for any deficit or surplus in the production up to a maximum difference of 10%.

Article 5: Risk, retention

  1. Notwithstanding any additional or special conditions, the risk of the goods to be delivered or supplied shall be transferred to the client at the time the supply takes place.
  2. As long as the client has not paid the full amount of the relevant invoice – where relevant increased by the due interest and additional costs – the goods delivered or supplied shall remain the property of Altec.
  3. The ownership shall only be transferred to the client when the client has paid the amount of the entire claim in full. The client shall not be authorised to re-supply goods that have yet to be paid for to third parties, unless otherwise has been agreed and notwithstanding supplies made as part of normal business operations.
  4. The retention of title referred to shall also cover any claims of Altec arising due to the failure of the client to fulfil one of its other obligations under the agreement, and claims of Altec under previous agreements with the client. As long as the retention of title continues, the client is obligated to care for – the preservation of – the goods as a prudent debtor, including the taking out of adequate insurance. The client is not permitted to pledge or encumber the goods with any other – restrictive – rights. Furthermore, the client is obligated to immediately inform Altec of any circumstances which can, or may, have a detrimental effect on the goods.
  5. In the event of non-payment by the client of a payable amount, suspension of payments, an application for a suspension of payments, bankruptcy, or liquidation of the company of the client, and in the event of its death, Altec shall be entitled, without further notice of default or judicial intervention been required, to cancel the order, or the part of such that has not yet been supplied, and to claim back as its property that which may have been supplied but not yet paid for, under settlement of any amount already paid, however without prejudice to its right to demand compensation for any losses or damages. In such cases, any claims which Altec has against the client shall be immediately payable in full.
  6. If goods supplied by Altec are found to have been processed, mixed, or are can longer be individualised in any other way before payment in full has been made, the client shall cooperate with the establishment of a nonpossessory pledge on the goods for the benefit of Altec. The client shall also cooperate with the establishment of a nonpossessory pledge on the unencumbered goods belonging to the client in relation to claims of Altec against the client on other grounds than the supply in question.
  7. The client declares that it shall unconditionally cooperate with all formalities necessary for the establishment of the pledges referred to. Insofar as necessary and possible, the client gives Altec now for them an irrevocable power of attorney for the aforementioned nonpossessory pledges.
  8. Altec is authorised to exercise the right of retention on all goods in its possession covered by the agreed service delivery as soon as it becomes apparent that the client cannot, or will not, or not fully, fulfil its financial obligations. The same applies for payable claims with regard to other activities carried out by Altec.
  9. If the client has still failed to make fulfilment even after it has been given notice of default, Altec shall be entitled to sell the goods falling under the right of retention in a legally prescribed way, so that its claim shall as far as possible be discharged from the proceeds, with the surrender of any surplus.

Article 6: Complaints and return consignments

  1. The client is obligated to inspect that supplied and/or the packaging immediately after delivery for any defects or damage. Complaints about defects or damage to that supplied, which are visible on delivery or supply, should be registered by (or on behalf of) the client on the delivery note, invoice, and/or the shipping documents, in default of which the client shall be deemed to have approved that supplied.
  2. Complaints about quality or quantities and/or other faults and/or damage must be notified to Altec within 10 working days after receipt in writing – by post or fax – with the details of such. A complaint shall not be accepted if the client has processed or re-supplied the goods to a third party, or if such is made after the deadline referred to, unless the defect could only be identified after, or during, processing, notwithstanding the obligation to then make a timely complaint in the correct way.
  3. In all cases where supplies are not made carriage paid, the client shall have the right to inspect the goods, at its own expense, before shipping.
  4. Complaints about invoices must likewise be submitted to Altec in writing, however within 8 eight days after the invoice date. After the expiry of the above-mentioned period, the client shall be deemed to have accepted that supplied and/or the invoice. After the expiry of the relevant period, complaints will no longer be accepted by Altec.
  5. The submission of a complaint shall at no time release the client from its payment obligations towards Altec.
  6. If a complaint is found to be valid, Altec shall exclusively be obligated to replace the defective goods, without the client having any additional right to claim any damages.
  7. That supplied may only returned after prior written permission has been given by Altec, and under the conditions to be imposed by it. All costs in connection with a return consignment shall be for the account of the client.

Article 7: Force Majeure

  1. During a situation of force majeure – therefore any circumstance which prevents the execution of the agreement, and which is not attributable to either of the parties – the performance of the agreement can be suspended or dissolved, such at the discretion of Altec, by way of a written declaration describing the circumstance which is preventing the – further – execution. In such a case, no obligation to pay damages shall exist, notwithstanding the payment by the client of the actual costs already incurred by Altec. In the event it is temporarily or permanently impossible for Altec to fulfil the agreement due to force.