1. These general terms and conditions are part of all agreements concluded between sole proprietorship Garretsen Classics established in Druten registered with the Chamber of Commerce under Number 66448786 (hereinafter: Garretsen Classics) and buyers or clients acting with Concerning the purchase, repair and maintenance of motor vehicles, parts and accessories therefor. 2. These "general terms and Conditions Garretsen Classics" enter into force on 3 July 2016.
In these general terms and conditions: – The motor vehicle (including moped): motor vehicles and mopeds as described in article 1 of the Roads Traffic Law 1994; – The motor vehicle or moped to be purchased: a motor vehicle or moped that is sold by the purchaser to the seller in the context of the contract; N.B. in the continuation of these conditions, a motor vehicle is also referred to as the moped; – The agreement: the purchase and sale of a motor vehicle or of parts and accessories therefor; – The seller: The person who sells a motor vehicle or parts and accessories in accordance with the Agreement; – The buyer: The person who buys a motor vehicle or parts and accessories under the agreement; – The contract: the agreement to carry out assembly, dismantling, repair or maintenance work, inspections and damage valuations (carried out by an external party), each individually or collectively referred to as ' work '; – The client: The person who instructs the repairer to carry out or carry out work; – The repairer: the person carrying out or carrying out a contract in respect of a motor vehicle and/or parts and accessories;
– The warranty: A. The warranty provided by the manufacturer, importer or seller on these new parts and accessories; B. The warranty provided on repair//onderhoudswerkzaamheden.
Buy and sell
Article 1 – The offer the offer of the seller shall be delivered orally, in writing, or electronically and, if a time limit for acceptance has been made, shall take effect during the period specified. The acceptance of the offer by the buyer is only valid if it takes place within the stipulated time limit. The electronic acceptance of the offer by the buyer is also valid only if it has been confirmed by the seller. If no time limit is set for acceptance, the offer remains in effect for 2 weeks, provided that the motor vehicle has remained unsold.
Article 2 – The Agreement the Agreement must always be recorded in writing or electronically. A copy of a written agreement shall be issued to the purchaser. An electronic agreement is only valid if it is confirmed by the buyer. A written agreement is only valid if it is signed by both parties and all pages are initialled. However, the absence of a written or electronically recorded agreement does not void this agreement, e.g. an oral agreement.
Article 3 – The content of the agreement in a written or electronically recorded agreement shall in any event be recorded: – The description of the motor vehicle and, where appropriate, the motor vehicle to be purchased, both with any accessory; – The price of the motor vehicle at the time of purchase and sale;
– The price of any motor vehicle to be purchased at the agreed time of delivery of that motor vehicle; – The delivery costs of the motor vehicle; – The probable or express fixed delivery date; – The method of payment.
Article 4 – Price Changes 1. Changes in taxes, excise duties and such levies by the Government shall be passed on at all times both in the fixed and non-fixed price of all motor vehicles.
Article 5 – The risk to the motor vehicle The motor vehicle is at the time of actual delivery at the expense and risk of the seller. Any motor vehicle to be exchanged shall not become the property of the seller until such time as the actual delivery has been made to him. Until that time, Hetin is to Exchange motor vehicle at the expense and risk of the buyer and come all costs to his account. This includes the costs of maintenance and any damage caused by any cause whatsoever, including damage resulting from the failure to return the complete registration certificate, unless both parties are aware that the original paper of the Motor vehicle are missing.
Article 6 – The exceeding of the delivery period 1. If the agreed delivery period of the motor vehicle is exceeded, the buyer shall never be entitled to compensation. 2. If the seller fails attributable to an overrun of the agreed delivery period, the buyer has the right to declare the agreement dissolved without judicial intervention. The buyer will never be entitled to compensation. 3. If the exceeding of a delivery period is a consequence of force majeure on the part of the seller, both buyer and seller have the right to dissolve the agreement. The right to dissolution arises as soon as the agreed time limit is exceeded by more than 3 months.
Article 7 – Cancellation
1. The purchaser shall have the right to cancel the purchase agreement, irrespective of whether the seller has been deprived of his obligations. This cancellation can only be made in writing. The buyer is obliged to compensate the seller for any damage he suffers as a result of the cancellation within one week of the cancellation. This damage is fixed at 25% of the purchase price of the cancelled motor vehicle, or at least €1000. = (a thousand euros). If the buyer has not paid this compensation within 14 days, the seller has the right to notify the buyer in writing that he requires compliance with the contract concluded. In that case, the buyer will not be able to rely on the cancellation. The buyer's obligation to pay this compensation is a debt within the meaning of article 17 of these general terms and conditions for which a moment of payment has been expressly agreed.
Repair and Maintenance
Article 8 – The contract for the execution of work shall be given orally, in writing, or electronically. An electronic order given by the client is first established after it has been confirmed by the contractor. A copy of a written order shall be provided to the client if desired.
Article 9 – Quotation and time limit the client may require the price of the work and the time period within which the work will be carried out before or in the supply of the contract. The quoted price and time limit are approximate, unless the client and the repairer agree a fixed price and/or term. In particular, parts for old motor vehicles (oldtimers) are difficult to obtain and sometimes not entirely. If the approximate prijsmetmeer is exceeded or is likely to be exceeded, the repairer must contact the client in order to discuss the additional intake. The client is entitled to terminate the Agreement, subject to a two-week notice, under indemnification of the repairer for the work already carried out. In the case of exceeding or imminent overrun of the approximate time limit, the repairer shall immediately inform the principal thereof, giving a new
Indication of the delivery date. If an agreed period is exceeded, the client shall never be entitled to compensation.
Article 10 – The account of the work carried out shall be given a specified account.
Article 11 – Storage costs if the client has not picked up the motor vehicle within six working days after knowledge of the execution of the contract, the repairer will be charged a €80. = for storage in the Museum Hall or in the external storage.
Article 12 – Retention right The repairer may exercise the right of retention on the motor vehicle, if and for as long as: – The client does not meet the costs of the activities of the motor vehicle in its entirety; – The client does not meet the costs of previous work carried out by the repairer on the same motor vehicle or in its entirety; – The client does not or does not fully satisfy other claims arising out of the contractual relationship with the repairer/seller. The repairer may also exercise the right of retention if the dispute relating to the proceedings has been brought before the disputes Committee vehicles referred to in article 21 (2) or the court. The repairer cannot exercise the right of retention if the client has provided sufficient (replacement) security, for example by means of a deposit in a depot with the vehicle disputes Committee.
Article 13 – Replacement parts The replaced parts shall be made available to the client after the contract has been carried out, if so requested by the contractor. This does not apply to parts that are to be segregated in connection with warranty claims. In this case, the components are made available after the guarantee claims are handled by the guarantor and the client wants to show that the warranty claims are not or (yet) not sufficiently handled. The parts are also not made available to the client if they are exchange parts, which are then overhauled by the supplier of the component. In All other cases, the replaced parts are the property of the repairman, without the client being entitled to any compensation.
Article 14 – Damage assessment if the repairer has carried out a damage assessment, the client will be charged the actual costs incurred. These costs shall not be charged if a repair order is provided to the repairer or if the supply of another motor vehicle is agreed with the repairer. The valuation costs are agreed in writing by the parties. In the absence of this, valuation costs are to be determined, whereby the parties to the starting point take the rules of conduct with expertise, drawn up by mutual agreement between BOVAG, FOCWA, NIAV and NVV.
Article 15 – Guarantee on motor vehicles and parts/accessories 1. The guarantees set out in this article and in article 16 are subject to the statutory rights (including the law under Book 7 of the BW answering the case on delivery to the agreement) which a buyer/client is not acting in the exercise of appeal Or holding has not been affected. 2. New components shall not be covered by any guarantee other than that provided by the manufacturer or importer and the statutory rights referred to in paragraph 1. 3. On used motor vehicles, unless the buyer has expressly agreed otherwise in writing, the seller grants no guarantee. The buyer is aware that the older motor vehicle (classic/Oldtimer) is a collector's item, whose economic and technical life has amply elapsed. The value of an oldtimer is therefore mainly determined by the historical value. A costly car does not mean that the technical state is good. 4. Defects arising outside the European Economic Area shall not be covered by the guarantee of used motor vehicles, unless the buyer demonstrates that the defects have not arisen from the circumstances of the European Economic Area ( Inferior roads, inferior fuel etc.).
Article 16 – Repair and maintenance warranty 1. The repairer guarantees within the European Economic Area the proper performance of the contracts which he or she has assumed and the new materials used for a period of three months from the time the Motor vehicle is made available to the client again. No warranty is given on used parts. The guarantee shall be carried out in the proper manner and within a reasonable period and without serious disturbance of the contract not performed or not properly executed. If the work to be carried out by the repairer is no longer possible or meaningful, the client is entitled to a reasonable compensation. 2. No warranty is provided on instructed emergency repairs. 3. The warranty claims shall lapse if: a. The client Nietzos the repairer thereof as soon as possible after the defects have been observed; B. The repairer is not given the opportunity to rectify the deficiencies; C. Third parties without prior knowledge or consent of the repairer have carried out activities relating to the work carried out by the repairer in respect of which a guarantee is invoked. However, the guarantee shall apply if the need for immediate recovery has occurred elsewhere and this can be demonstrated by the client on the basis of the information provided by the other repairer and/or on the basis of the broken parts. This is not applicable in the case of B. and C. If recovery is necessary abroad. In that case, reimbursement of the costs of the repair site shall be based on the price level as set out in the Repairer's holding. This fee is never more than the actual costs incurred.
Article 17 – Payment
1. The debts of the buyer/client to the seller/repairer are bring debts. Payment must be made in cash on delivery of the motor vehicle or parts or after the services provided. Cash payments shall also include the payment of the amount due on a bank or Giro account indicated by the seller/repairman at the time of delivery. 2. If a different moment of payment has been expressly agreed in writing, the seller/repairer shall be entitled to charge the statutory interest on the amounts not paid on a monthly basis. The remainder of the month from the time of payment should be considered as the entire month. This increase in the amount due is considered to be a condition under which the seller/repairer has been granted a postponement of payment without the obligation of the buyer/client to lapse into cash payment. The increase will be one month after the invoice is sent. 3. If the parties have agreed to pay in cash and do not expressly agree in writing, a payment period of one month shall apply. 4. The consumer shall pay the amount due before the expiry of the payment date. If he does not do so, the trader shall, after the expiry of that date, send a free payment reminder and give the consumer the opportunity to pay the outstanding amount within fourteen days of receipt of this payment reminder. If after the expiration of the payment reminder is still not paid, the trader is entitled to charge interest from the time of default. This interest is equal to the statutory interest. Any judicial and extrajudicial costs incurred in order to enforce the payment of a debt may be charged to the other party. The height of these costs is subject to (legal) limits. The benefit of the consumer may be waived.
Article 18 – Retention of title The motor vehicle provided remains the property of the seller as long as the buyer has not fully complied with what is owed under the contract of sale. As long as the motor vehicle has not been owned by the buyer, the purchaser is obliged to ensure and maintain it for his account W.A. + Casco. The seller shall not be liable to the buyer for his liability as a motor vehicle holder. On the other hand, the buyer shall not disclose to the seller any claims that third parties may have on the seller and which may be associated with the retention of title made.
Article 19 – Derogations, including additions or extensions to these general terms and conditions, are only valid if they are recorded by both parties in writing.