Terms and conditions
- Tribelines, established in Andijk, KvK number 78283639.
- Customer: the party which Tribelines has entered into an agreement with.
- Parties: Tribelines and the customer.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Tribelines
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Tribelines are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping-or transport expenses unless expressly stated otherwise or agreed otherwise.
- Mabu Flow is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- The parties agree on a total price for a service provided by Tribelines. This is always a target price unless the parties have explicitly agreed upon in writing a fixed price, which cannot be deviated from.
- Mabu Flow is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, Tribelines must inform the customer why a higher price is justified in due time
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
- Tribelines will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The consumer has the right to terminate the contract with Tribelines if he does not agree with the price increase.
Payments and payment terms
- Tribelines may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid in full amount within 14 days, after delivery
- Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Tribelines having to send the customer a reminder or put him in default.
- Tribelines reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payments
- If the customer does not pay within the agreed term, Tribelines is entitled to charge an interest of 2% per month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Tribelines.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Tribelines may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Tribelines on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Tribelines, he is still obliged to pay the agreed price to Tribelines
Suspension of obligations by the customer
The customer waives his right to style any debt to Tribelines with any claim on Tribelines.
- The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- Goods delivered that are necessary for the execution of the underlying agreement
- Goods being the property of Tribelines that are present at the premises of the customer
- At the first request of Tribelines, the customer provides the policy for these insurances for inspection.
Performance of the agreement
- Tribelines executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Tribelines has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
- It is the responsibility of the customer that Tribelines can start the implementation of the agreement on time.
- If the customer has not ensured that Tribelines can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Performance of the agreement
- The customer shall make available to Tribelines all information, data and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties unless otherwise ensuing from the nature of the agreement.
- If and insofar as the customer requests this, Tribelines will return relevant documents.
- If the customer does not timely and properly provides information, data or documents reasonably required by Tribelines and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
The customer indemnifies Tribelines against all third-party claims that are related to the products and/or services supplied by Tribelines.
- The customer must examine a product or service provided by Tribelines as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Tribelines of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Tribelines of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings so that Tribelines is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Tribelines being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Tribelines in writing.
- It is the responsibility of the customer that a notice of default actually reaches Tribelines (in time).
Liability of Mabu Flow
- If Tribelines is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Tribelines is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
- Tribelines is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If Tribelines is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colours, drawings, and descriptions on the website or in a catalogue are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Tribelines shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
- The customer has the right to dissolve the agreement if Tribelines imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfilment of the obligations by Tribelines is not permanent or temporarily impossible, dissolution can only take place after Mabu Flow is in default.
- Tribelines has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfil his obligations under the agreement, or if circumstances give Tribelines good grounds to fear that the customer will not be able to fulfil his obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Tribelines in the fulfilment of any obligations to the customer cannot be attributed to Tribelines run any situation independent of the will of Tribelines, when the fulfilment of its obligations towards the customer is presented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Tribelines.
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Tribelines cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Tribelines can comply with them.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Tribelines does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in the general terms and conditions
- Tribelines is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in the content will be discussed by Tribelines with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer cannot transfer its rights deferring from an agreement with Tribelines to third parties without the prior written consent of Tribelines.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Tribelines had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between parties.
- The Dutch court in the district where Tribelines is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.