Article 1
These terms and conditions are the sole terms applicable to all transactions.
Article 2
The goods or services are supplied as detailed on the invoice or order form. Usual tolerances in delivery dates, specific to the trade or industry, are applicable.
Article 3
Delivery is made at the 3Mountains warehouse, unless otherwise agreed in writing.
Article 4
If the supplier handles product transportation, they assume full responsibility for any incidents occurring during transit.
Article 5
The goods are considered accepted upon signature by the client or an authorized representative of the company. By accepting the goods, the customer assumes responsibility for any additional costs, excise duties, taxes, and fines due to damage or loss of accompanying documents.
Article 6
Due to the specific nature of the merchandise, any complaints regarding goods or services must be made at the time of delivery and explicitly noted on the delivery CMR. Hidden defects must be reported within 24 hours of delivery. Complaints made after this period will be considered invalid.
Article 7
Complaints or disputes do not justify delayed payments. If payment is not received by the due date, interest will be charged automatically, based on the reference rate of the European Central Bank. Additionally, the unpaid amount will be increased by 15%, with a minimum of €100, to cover extrajudicial collection fees and contractual damages, without the need for formal notice, and without prejudice to other applicable collection costs.
Article 8
Ownership of the goods remains with 3Mountains until full payment of the principal, costs, and interest is made. Until that time, the goods cannot be included in any bankruptcy proceedings. The risk, however, transfers to the client upon delivery.
Article 9
All contracts are governed by and construed in accordance with the laws of The Netherlands. In the event of a dispute, the District Court of The Netherlands or the Commercial Court will have jurisdiction.