Terms & Conditions

GENERAL TERMS AND CONDITIONS SPANGENBERG INTERNATIONAL BV

Located at Nijverheidsweg 23A, 3641 RP Mijdrecht, The Netherlands

Registered with the Chamber of Commerce under number 11060419

CHAPTER 1. DELIVERY AND PAYMENT CONDITIONS

Article 1. Definitions

In these general terms and conditions, the following terms are capitalised and used in the following meaning, both in the singular and in the plural, unless expressly indicated otherwise:

1. Customer: the natural or legal person who purchases Products and/or Services from the Supplier and the other party to the Agreement with the Supplier within the meaning of Article 6:231 sub c of the Dutch Civil Code.
2. Consumer: the natural person who, when entering into an Agreement, is not acting in the interest of a profession or business.
3. Services: all work, in whatever form or capacity, that the Supplier performs to the Customer on the basis of the Agreement.
4. Supplier: the private company with limited liability, Spangenberg international BV, counterparty to the Agreement with the Buyer and user of these general terms and conditions within the meaning of Article 6:231 sub b of the Dutch Civil Code.
5. Order: placing an order for the delivery of Products and/or Services by the Buyer to the Supplier.
6. Agreement: the agreement between the Supplier and the Buyer on the basis of which the Supplier supplies Products and/or Services to the Buyer against payment, of which these general terms and conditions form an integral part.
7. Parties: Supplier and Buyer jointly.
8. Products: all items, including documentation, (technical) drawings and (test) equipment, which are the subject of the Agreement.
9. In writing: “in writing” in these general terms and conditions also includes communication by email, fax or digitally (for example, via an online interface) provided the identity of the sender and integrity of the content are sufficiently established.
10. Website: Maxima’s website, maxima.com, and any subdomains.

Article 2. Applicability

1. The present general terms and conditions apply to all offers, Agreements and deliveries of the Supplier, of whatever nature, unless that applicability in whole or in part has been expressly excluded in writing or has been explicitly agreed otherwise.
2. Any general terms and conditions of the Customer, by whatever name, are expressly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as they have been expressly accepted by the Supplier in writing.
3. If the Supplier allows deviations from these general terms and conditions, whether tacitly or not, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. The Customer cannot derive any rights from the way in which the Supplier applies these terms and conditions.
4. The present conditions also apply to all agreements with the Supplier, for the execution of which third parties are involved. These third parties can invoke the present terms and conditions directly against the Customer, including any limitations of liability.
5. If one or more of the provisions of these general terms and conditions or any other Agreement with the Supplier should conflict with a mandatory statutory provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a new provision to be determined by the Supplier., legally permissible and comparable provision.
6. The Customer with whom a contract has once been concluded on the basis of the present terms and conditions is deemed to tacitly agree to the applicability of these terms and conditions to an Agreement concluded with the Supplier at a later date.
7. In the event of a conflict between the content of an Agreement concluded between the Customer and the Supplier and these terms and conditions, the content of the Agreement will prevail.