General terms and conditions of sale and delivery 

Article l – Applicability 

These terms and conditions only apply to all offers, sales, deliveries and services provided by Preston Ability to customers unless both parties have expressly deviated from them in writing. A reference by the customer to his own purchasing or other conditions is not accepted by Preston Ability. 

Article 2 – Sales conditions 

  1. All quotations issued by Preston Ability are without obligation. The prices quoted are based on free home delivery within the Netherlands and are exclusive of sales tax, assembly and installation, unless
    parties have expressly agreed otherwise in writing. In the absence of a placeholder
    the price applies to delivery at the customer's head office in the Netherlands.
  2. Orders and acceptance of quotations by the customer are considered irrevocable.
  3. If the agreement is entered into in writing, it will be concluded on the day of
    signing of the contract by Preston Ability, respectively on the day of dispatch of the
    written order confirmation from Preston Ability.
  4. If after the date of conclusion of the agreement one or more of the cost price factors
    will undergo an increase - even if this is due to foreseeable circumstances - is Preston Ability
    entitled to increase the agreed price accordingly.
  5. Additional work is considered to be anything done by Preston Ability in consultation, whether or not recorded in writing.
    with the customer, during the execution of the agreement, in excess of the quantities expressly laid down in the contract or the order confirmation, or the customer performs work in excess of the work expressly laid down in the contract or the order confirmation. Payment for additional work will be made as soon as this has been charged to the customer.
  6. All price lists of Preston Ability bv are subject to interim changes and typographical errors.


Article 3 – Delivery time 

  1. A delivery time agreed by the parties commences on the day the agreement is concluded or, if later, on the day that Preston Ability is in possession of all information necessary for the execution of the agreement.
  2. A delivery time is only a guideline, unless expressly agreed otherwise in writing. Except for gross negligence on the part of Preston Ability, exceeding the delivery time does not entitle the customer to full or partial termination of the agreement. Exceeding the delivery time
    - for whatever reason - does not give the customer the right to do so without judicial authorization
    carrying out or having work carried out in execution of the agreement.


Article 4 – Delivery, transport and storage 

  1. With regard to the delivery time, the goods are considered delivered when they have been made available to the customer by Preston Ability, or the carrier, at the agreed place of delivery. A note will be made of the provision on the consignment note or a similar document. The customer is responsible for the unloading, receipt and inspection of the delivered goods and is also responsible for their storage and security.
  2. Immediately after the goods are deemed to have been delivered within the meaning of Article 4(a) and (c), the customer shall bear
    the risk for all direct and indirect damage that may arise to or as a result of the goods
    insofar as this is due to gross negligence on the part of Preston Ability. If the customer remains in default with the purchase of the goods after notice of default, Preston Ability will be entitled to charge the customer for the costs of storage of the goods.
  3. If, at the written request of the customer, contrary to the provisions under a, Preston Ability sends the goods by post via PostNL or a comparable organization, the goods will be deemed to have been delivered with regard to the delivery time when they are sent to PostNL or have been made available to a similar organization, after the customer has been notified in writing
    has been stated.
  4. The customer will inspect the goods within 14 (fourteen) days after delivery as referred to
    Article 4(a) and (c).
  5. If the period referred to under d is exceeded without a written and specified notification of well-founded
    complaints has expired, the goods are deemed to have been accepted. Without prejudice to the obligation
    of Preston Ability to fulfill its warranty obligations, the acceptance in accordance with the previous sentence will exclude any claim by the customer with regard to a shortcoming in the performance of Preston Ability.
  6. Preston Ability is entitled to deliver in parts (partial deliveries), which can be invoiced separately, the customer is then obliged to pay in accordance with the provisions of Article 5.


Article 5 – Payment 

a. Unless otherwise agreed, payment of the invoiced amount by the customer must be made within 30 (thirty) days after the invoice date in the manner specified by Preston Ability. Payment must be made without any deduction or settlement by the customer. 

b. If any payment is not made on time, the customer is legally in default and the customer owes interest on the outstanding amount of 1.5% per month without further notice of default, from the due date, whereby exceeding the payment term by part of a month will be considered to be exceeded by a full month. 

c. As soon as the customer is in default with any payment, the customer will collect the claim
extrajudicial and judicial costs incurred by Preston Ability are owed to Preston Ability. 

  1. If the customer is in default in any way with his payment obligations, Preston Ability will be entitled to suspend its current delivery and other obligations towards the customer until further notice or, without prior notice of default or judicial intervention being required, terminate the agreement. to dissolve in whole or in part, without this in any way leading to any liability for damages towards the customer.
  2. Unless otherwise agreed, Preston Ability will charge additional handling costs of € 18.50 (eighteen euros and fifty cents) for orders up to a net invoice value of € 150.00 (one hundred and fifty euros).


Article 6 – Force majeure 

  1. In all cases of force majeure, including transport difficulties, epidemic, fire, strike and lockout, business disruptions, government decisions and measures, seizures of any kind, war (danger), martial law and the like, both on the part of Preston Ability and its suppliers, Preston Ability may suspend its delivery obligations to the customer in whole or in part, or may dissolve the agreement in whole or in part without judicial intervention, without this leading to any liability for damages on its part to the customer.
  2. If Preston Ability wishes to invoke force majeure, it will inform the customer in writing within five working days after the force majeure situation arises.


Article 7 – Retention of title 

  1. Without prejudice to the provisions of Article 4 (a), (b) and (c), ownership of the goods delivered by Preston Ability will only pass to the customer as soon as the customer has paid Preston Ability everything (including the invoiced amount, including interest and costs) that the customer owes Preston Ability. is owed in respect of deliveries or work. The customer does not have a right of retention on these items.
  2. The customer is only entitled to those acts with regard to items subject to a retention of title by Preston Ability that are part of the normal and regular conduct of his business.
  3. When selling the goods on credit to third parties, the buyer is obliged to provide his customers with a
    to stipulate retention of title on the basis of the provisions of this article.
  4. As long as the ownership of goods delivered by Preston Ability has not been transferred to the customer, the customer will not be entitled to pledge them or in any other way to grant any right to them to third parties.
    unless stated otherwise in this article.
  5. Where appropriate, Preston Ability will be entitled to unhindered access to the delivered goods. The
    The customer will fully cooperate with Preston Ability in order to give Preston Ability the opportunity to exercise the retention of title included in sub a by taking back the goods, including any disassembly required for this purpose.
  6. Payments by the customer to Preston Ability will always be deemed to relate to the longest outstanding invoice from Preston Ability.


Article 8 – Guarantees 

  1. Without prejudice to the limitations stated below, Preston Ability guarantees both the soundness of the goods it supplies and the quality of the material used and/or supplied for this purpose.
    insofar as it concerns defects that are not observable upon inspection of the delivered goods, of which the customer proves that they have been resolved within 12 (twelve) months after delivery (or as much longer as the manufacturer of the goods grants) in accordance with Article 4(a) and c, have occurred exclusively or predominantly as a direct result of an inaccuracy in the construction used by Preston Ability or as a result of defective workmanship or the use of poor materials.
  2. Notwithstanding the provisions under a, the warranty provisions set by these third parties apply to goods and parts purchased by Preston Ability from third parties.
  3. Goods delivered by Preston Ability about which the customer has rightly and timely complained will be, at the discretion of Preston Ability, either repaired or taken back at the amount invoiced for these goods, or replaced by similar goods that are free of defects.
  4. Preston Ability will be released from the warranty given in Articles 8, 11 and 12 if changes have been made to the goods delivered by Preston Ability to the customer by the customer or third parties, as well as if the delivered goods are not in accordance with the specification or have been used for the normal purpose and if the customer has made any provision for him from the underlying agreement
    fails to fulfill any resulting obligation towards Preston Ability or fails to do so on time. Preston Ability will also be released from the guarantee given in Articles 8, 11 and 12 in the event of improper use of the delivered goods by or careless behavior of the customer, his staff or other persons engaged by him.


Article 9 – Complaints 

  1. Complaints regarding defects must be made in writing as soon as possible after their discovery, but no later than within 14 (fourteen) days after the expiry of the warranty period. If this period is exceeded, any claim against Preston Ability regarding those defects will lapse.
  2. Complaints about invoices must also be submitted in writing within 14 (fourteen) days after the date of dispatch of the invoice.
  3. Legal actions regarding defects must be filed within 1 (one) year after the timely complaint, under penalty of forfeiture.
  4. Submitting a complaint never releases the customer from his payment obligation towards Preston Ability.
  5. As a Preston Ability dealer, you automatically agree to receive mailings.


Article 10 – Liability 

  1. Preston Ability's liability is limited to compliance with the warranty obligations described in Articles 8, 11 and 12 of these conditions. Except for gross negligence on the part of Preston Ability and subject to the provisions of the previous sentence, all liability of Preston Ability, such as for business damage, other indirect damage and damage as a result of liability to third parties, is excluded. Preston Ability is therefore not liable for damage caused by violation of any intellectual property rights of third parties as a result of use by or on behalf of the
    customer provided information such as drawings, models, designs and the like.
  2. In all cases where, despite the provisions under a, Preston Ability is required to do so by virtue of a court decision
    is obliged to pay compensation, this obligation to pay compensation is limited to the amount that is paid out in the relevant case under Preston Ability's insurance policies. If an appeal to the provisions of the previous sentence is not honored, the amount of compensation will never exceed the net invoice value of the delivered goods that caused the damage.
  3. The customer is obliged to indemnify Preston Ability against all claims from third parties for compensation for damage, for which the liability of Preston Ability is excluded in these conditions in the relationship with the customer.


Article 11 – Services and commissioning 

  1. If Preston Ability agrees with the customer to provide any form of service with regard to the goods delivered by Preston Ability, such as the commissioning thereof, Preston Ability will make every effort to carry out these services with care, where appropriate in accordance with the agreements recorded in writing with the customer and procedures.
  2. If it has been agreed that the services will be provided in phases, Preston Ability may postpone the start of the services belonging to a subsequent phase until the customer has approved the results of the preceding phase in writing.
  3. The customer accepts that if the parties agree that the services to be provided will be expanded
    or changed, the time of completion of the service may be affected. Preston Ability will inform the customer about this as soon as possible.


Article 12 – Trial deliveries 

  1. If it has been agreed that goods will be delivered on a trial basis, the parties will agree on a trial period. This trial period commences when the goods have been delivered to the customer in accordance with Article 4(a) and (c). The trial delivery will be invoiced.
  2. If the customer leaves the goods undamaged within the trial period agreed between the parties
    and returns it to Preston Ability in the original packaging, the previously sent invoice will be credited by Preston Ability.
  3. If the customer does not return the goods, or returns them damaged, or only after the agreed trial period has expired, a purchase agreement is deemed to have been concluded and must be
    the customer must pay the invoice sent by Preston Ability in the manner specified by Preston Ability and within the specified period.


Article 13 – Applicable law 

The relationship between Preston Ability and the customer, both in the pre-contractual and in the contractual phase, including all resulting disputes of whatever nature, is exclusively governed by Dutch law.
applicable. Disputes that may arise as a result of an agreement to which these conditions apply in whole or in part, insofar as they exceed the competence of the subdistrict court judge, fall under the exclusive competence of the court in Amsterdam. 

Article 14 – Nullity 

The fact that one or more of the foregoing articles is null and void or declared null and void as a result of legal provisions and/or a judicial decision, does not affect the applicability of these terms and conditions. 

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