Applicable entity
Customer’s Address:
a. When entering a Dutch, Spanish, French, German, or other European address, the buyer enters into an agreement with the Dutch entity Senska BV (Chamber of Commerce number 87052466), located at Kazemat 4, 3905 NR in Veenendaal.
b. When entering a Belgian address, the buyer enters into an agreement with the Belgian entity Senska BV, located at Vijvers 4, 8210 in Loppem.
Invoicing:
a. Invoicing for transactions will be carried out by the entity with which a purchase agreement has been concluded.
Agreement:
a. By accepting these general terms and conditions, the customer expressly agrees to enter into an agreement with the respective entity based on the entered address.
Jurisdiction:
a. In the case of an agreement with the Dutch BV, Dutch law applies, and disputes will be submitted to the competent Dutch court, regardless of the customer’s country.
b. In the case of an agreement with the Belgian BV, the courts of the Bruges district will have jurisdiction, regardless of the customer’s country.
General Terms and Conditions
In the absence of specific conditions resulting from the correspondence between the parties, the following general terms and conditions for deliveries and work orders, printed or written on or attached to letterheads, quotations, invoices, or any other documents, shall be deemed accepted without any deviation by those who have received them without objection.
Our general terms and conditions take precedence over those of the client unless expressly accepted by us.
These general terms and conditions apply to the applicable entity, hereinafter referred to as "Senska."
General sales and invoicing conditions.
- The quoted price for all our sales, work, deliveries, and services may be changed, even after a sales or contract agreement, if there are changes in raw material prices, social charges, wages, transportation costs, agreements with our suppliers, etc., and this in deviation from the provision of Article 1793 of the Dutch Civil Code (B.W.). By accepting the general terms and conditions, the customer expressly waives the formalities of Article 1793 B.W.
- The delivery or execution deadlines are non-binding and merely indicative. Failure to meet the delivery or execution deadlines cannot be invoked as a reason for compensation or termination of the agreement. The shipment of goods is at the risk and expense of the recipient. Force majeure always gives our company the right to either terminate the agreement or order in whole or in part or to postpone its execution without being obliged to give prior notice or pay compensation.
- War, mobilization, blockade, partial or total strikes, riots, epidemics, weather conditions, machine breakdowns, fire, explosion, and any other cause preventing the regular delivery by our supplier of raw materials, fuel, and supplies for normal production, shipment, and/or transportation, as well as similar cases, are considered force majeure.
- Any complaints must be sent in writing within 5 days of the invoice date to the seller’s registered office, including the invoice date and number, and a detailed description of the defects. Visible defects must be reported by registered letter within 8 days of delivery and/or installation; otherwise, they will be deemed accepted. Hidden defects must be reported in writing by registered letter within 5 days of discovery to the seller/contractor. Late complaints will no longer be accepted.
- The price invoiced by "Senska" only covers the services listed on the invoice. The customer can therefore never claim that they believed this was a final invoice that covered the entire work and not just the listed services.
- "Senska" reserves the right to demand full payment before delivering or completing the work.
- All our proposals, designs, drawings, catalogs, brochures, price lists, service materials, and information do not constitute an offer and are made without any obligation on our part. They remain the property of "Senska."
- Unless expressly stated in writing, all entrusted goods are deemed to be returned in the condition in which they were received. Any damage will be presumed to have already been present at the time of receipt unless otherwise noted.
- Our invoices are always payable at our registered office, net without discount, upon delivery or completion of services, unless otherwise agreed. Any invoice that remains unpaid on the due date will automatically and without notice be increased by 1% interest per month until full payment. Likewise, an automatic and without notice a flat-rate compensation of 15% of the invoice amount (with a minimum of €50 and a maximum of €2500) is due as compensation.
- All collection costs for unpaid bills of exchange or checks, as well as other collection costs, are not included in this flat-rate compensation and will be charged separately.
- In case of non-payment, "Senska" has the right to retain the goods entrusted to it by the customer until full payment of the invoice and interest and damages applied in accordance with Article 7.
- The customer who fails to collect or have the ordered work performed loses all rights to it after one year, starting from the registered reminder to pay the invoice or bill. If no reminder is sent, this year starts from the date of the payment summons for the work or service. After this year, the customer can no longer claim the work or request its delivery or execution. "Senska BV" may then use the work at its discretion, even for other customers. All of this does not entitle the original customer to any refund or reduction in price.