The general terms and conditions apply to all our agreements. Please read them carefully before buying and/or using our products or services in any way. Buying and/or using our products or services indicate that you agree with these terms and conditions.
We try our best to make sure all of our offers, orders, information and agreements are accurate at all times. However, if it might happen that we make a mistake, we’ll let you know and try to resolve it as soon as possible.
Article 1: Applicability
1.1 These General Terms and Conditions (hereinafter referred to as Terms and Conditions) apply to all offers, orders and agreements from FIRST BASE Ground Screws International B.V. (hereinafter referred to as FIRST BASE Ground Screws).Â
1.2. Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3. The provisions of these Terms and Conditions can only be deviated from after written notification or written approval by FIRST BASE Ground Screws, in which case the other provisions will remain in full force.
1.4. All rights and claims as stipulated in these Terms and Conditions and in any further agreements for FIRST BASE Ground Screws are equally stipulated for the benefit of intermediaries and other third parties engaged by FIRST BASE Ground Screws.
1.5. These conditions respect the rights of the buyer that arise from the law (or the sales agreement).
Article 2: Offers/agreements
2.1. All offers from FIRST BASE Ground Screws are without obligation and FIRST BASE Ground Screws explicitly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
2.2. An agreement is only concluded after acceptance of your order by FIRST BASE Ground Screws. FIRST BASE Ground Screws is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, FIRST BASE Ground Screws will inform you of this within ten (10) days of receiving the order.
2.3. If FIRST BASE Ground Screws provides advice to a (potential) customer or, on the other hand, performs work at the request of or on behalf of the (potential) customer, without an order for delivery being received, FIRST BASE Ground Screws has the right to potential) customer to pass on the cost of the aforementioned work.
Article 3: Prices and payments
3.1. The prices stated for the products and services offered are in Euros, excluding VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2. The costs of or related to supplied samples and/or models are always charged to the (potential) buyer. For free return shipping in undamaged condition within two months after the date of delivery of the samples and/or models, the amount charged to you will be credited. You never have the right to retain the samples and/or models.
3.3. Prepayment: If you have customized products made by us, they must be paid in full in advance. The production is started after your payment has arrived at FIRST BASE Ground Screws. Per invoice: This concerns items from our fixed range that are delivered from stock. Payment must be made within 5 working days, if agreed otherwise between FIRST BASE Ground Screws and the customer.
3.4 If the prices for the products and services offered fall in the period between the order and the execution thereof, the amount will be automatically deducted.
Article 4: Delivery
4.1. FIRST BASE Ground Screws makes every effort to deliver the purchased goods within the delivery time agreed between the parties. Any liability of the seller for exceeding the delivery time is excluded, except for intent or gross negligence on the part of FIRST BASE Ground Screws. You do not have the right to cancel the agreement, to dissolve it legally or extrajudicially or to cancel it due to exceeding the delivery time.
4.2. Nor are you entitled to refuse to receive the goods and/or to refuse to pay the agreed purchase price if the agreed delivery time is exceeded. If you nevertheless refuse to receive the goods, then FIRST BASE Ground Screws is entitled to store the delivered goods elsewhere at your expense, without prejudice to the obligation to pay the agreed purchase price. (end of alternative)
4.3. The delivery times specified by FIRST BASE Ground Screws are only indicative. Exceeding any delivery period does not entitle you to compensation.
4.4. The delivery of the products takes place at the place and time when the products are ready for shipment.
4.4.1 The agreed method of delivery is always recorded in writing. If nothing has been recorded in writing with regard to the method of delivery, the method of delivery will be determined by FIRST BASE Ground Screws.
4.4.2 If carriage paid delivery has been agreed, the purchased items travel at the expense and risk of FIRST BASE Ground Screws. In all other cases, the goods travel for your account and risk.
4.4.3 If delivery on demand has been agreed, without there being a term or periods, resp. are stated and after three months from the date of the conclusion of the purchase agreement you have not yet purchased all purchased items, you are obliged to inform FIRST BASE Ground Screws at its request / demand a period within which all purchased items will be purchased . This period will never be longer than three months after the day of the request/demand of FIRST BASE Ground Screws. If you do not inform FIRST BASE Ground Screws within three (working) days after the request / summons of the period within which all purchased goods will be purchased, FIRST BASE Ground Screws will be authorized after three months from the day of the request / the summons to store the goods for your account and risk, even if the risk for the delivered goods rested with FIRST BASE Ground Screws and irrespective of force majeure on your part and without prejudice to your obligation to pay the agreed purchase price. Then FIRST BASE Ground Screws is also authorized to terminate the purchase agreement and you will be obliged to compensate FIRST BASE Ground Screws for the costs, damage and interest in that regard. Equal powers and obligations rest on FIRST BASE Ground Screws resp. you as a buyer if the latter, in spite of his commitment, to purchase all goods within the period of time communicated to FIRST BASE Ground Screws, does not fulfill this commitment.
4.4.4 Articles that have to be manufactured especially for you by or on behalf of FIRST BASE Ground Screws are accepted by you plus or minus 10% of the agreed number, amount or weight of the purchased goods.
Article 5: Cancellation of the order
5.1. You have the right to cancel the order free of charge. However, this must be done before the order is in production or transport is booked.
5.2. If the amount of the order has already been paid, this amount will be refunded within 14 working days to the account of the person who has paid the invoice.
Article 6: Retention of title
6.1. Ownership of delivered products will only transfer if you have already paid what you owe FIRST BASE Ground Screws on the basis of any agreement. The risk of the products is transferred to you at the time of delivery.
6.2. If you do not fulfill your payment obligations properly or on time, are declared bankrupt, apply for a suspension of payment or are granted to you, or if actions on the other hand show that you cannot or will not fulfill your payment obligations towards FIRST BASE Ground Screws you are obliged to return the goods belonging to FIRST BASE Ground Screws on first oral or written request or demand to FIRST BASE Ground Screws. To this end, FIRST BASE Ground Screws is authorized to present itself to you with prior warning or notification in order to take the aforementioned matters directly.
Article 7: Complaints and liability
7.1. You have the obligation to examine on delivery whether the products meet the agreement. If this is not the case, you must contact FIRST BASE Ground Screws as soon as possible and in any case within two (2) days after delivery, or at least after observation was reasonably possible.
7.2. If a product shows a defect, the manufacturer/importer will determine whether the product will be repaired or replaced.
7.3. If it is plausible that the defect is due to you or is otherwise at your expense and risk, the product will be returned in the same condition in consultation or repaired / replaced at your expense.
7.4. The products supplied by FIRST BASE Ground Screws have a full manufacturer’s warranty in accordance with the conditions set by the relevant manufacturer.
7.5. FIRST BASE Ground Screws is never liable for damage/consequential damage due to the use of its products.
Article 8: Orders/communication
8.1. For misunderstanding, mutilation, delays or improper transmission of order data and communications as a result of the use of the Internet or any other means of communication in traffic between you and FIRST BASE Ground Screws, or between FIRST BASE Ground Screws and third parties, insofar as it relates to the relationship between you and FIRST BASE Ground Screws, FIRST BASE Ground Screws is not liable unless and insofar as there is intent or gross negligence on the part of FIRST BASE Ground Screws.
Article 9: Personal data
9.1. FIRST BASE Ground Screws respects the privacy of all users of its site and complies with the Data Protection Act. The personal information that you provide to us will always be treated confidentially with care.
9.2. The personal information is all data entered in the order form.
9.3. FIRST BASE Ground Screws will use your personal information to fulfill the agreement. The data will not be made available to third parties unless they directly relate to the assignment agreed between you and FIRST BASE Ground Screws.
9.4. You can view your personal data at any time by sending a written request (by fax, letter or email) to FIRST BASE Ground Screws. An overview of the personal data will be provided within 4 weeks. If you want improvement, addition or removal, you must report this in writing. In all cases, FIRST BASE Ground Screws will immediately follow your instructions or remove your data from its file.
Article 10: Force majeure
10.1. Without prejudice to the other rights it is entitled to, FIRST BASE Ground Screws has the right, in its own choice, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you in writing. and this without FIRST BASE Ground Screws being obliged to pay any compensation, unless this would be unacceptable by the standards of reasonableness and fairness in the given circumstances.
10.2. Force majeure is understood to mean any shortcoming that cannot be attributed to FIRST BASE Ground Screws, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.
Article 11: Miscellaneous
11.1. If you submit a written address to FIRST BASE Ground Screws, FIRST BASE Ground Screws is entitled to send all orders to that address, unless you provide a written address to FIRST BASE Ground Screws from another address to which your orders must be sent.
11.2. If FIRST BASE Ground Screws allows deviations from these Terms and Conditions, whether or not tacitly for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. You can never assert any rights based on the fact that FIRST BASE Ground Screws applies these Conditions smoothly.
11.3. If one or more of the provisions of these Terms and Conditions or any other agreement with FIRST BASE Ground Screws should conflict with any applicable legal provision, the relevant provision will lapse and be replaced by a new legally permissible comparable to be determined by FIRST BASE Ground Screws determination.
11.4. FIRST BASE Ground Screws is authorized to make use of third parties in the execution of your order(s).
11.5. FIRST BASE Ground Screws is never liable for damage/consequential damage due to the use of its products.
Article 12: Applicable law and competent court
12.1. All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
Article 13: Battle of forms
13.1 If you apply general (purchase) conditions, the present delivery conditions will prevail, insofar as provisions in the delivery conditions, all this if and insofar as parties have not explicitly agreed otherwise in writing.
Article 14: prescription
14.1 Any legal claim that you have on the basis of an agreement concluded with FIRST BASE Ground Screws will become time-barred after 1 year has elapsed.
Contact
www.firstbasegroundscrews.com is a website of FIRST BASE Ground Screws.
FIRST BASE Ground Screws can be reached using the following details:
Dutch Chamber of Commerce number: 78743168
Phone number: +31 413 700 133
E-mail adress: info@firstbasegroundscrews.com
