Terms and Conditions
On each transaction, our terms and conditions apply, which are filed with the court in Alkmaar under number 346/2008. These are available free of charge upon request and can also be downloaded on our website under downloads www.pomweld.nl.
All prices mentioned on the website are exclusive of 21% VAT.
1.1 The private company PomWeld las- & snijtechniek BV is a
enterprise which aims to conclude agreements with other
entrepreneurs, both seeking to sales and rentals of affairs as to the
provision of services including the provision of education / instruction to
(employees of) the other party. The company does not focus on consumers and
there is also not furnished, so in particular awareness of its
traded or leased goods.
1.2 In the event that nevertheless a transaction with a consumer's request
we have entered into without our liability under the law not liable
for damages (also) caused by improper use or lack of
1.3 All our offers, agreements and the execution thereof
governed exclusively by the present conditions. Terms & conditions
the other party are expressly rejected.
1.4 If these conditions have once been part of a
agreement concluded with us, they will also apply to all
subsequent orders, unless otherwise agreed in writing.
1.5 The "other party" in these conditions means any
(legal) person who has concluded a contract with our company,
or wishes to quit and well as their representative (s)
agent (s), assignee (s) and heirs.
1.6 If any provision of the Terms and Conditions is invalid or unenforceable,
the other provisions of the general conditions will be in full force
remain and will consult parties to develop new rules to replace
of the invalid or unenforceable provision come across one. It will, where possible
The purpose and intent of the invalid or unenforceable provision will be observed
2. OFFERS AND AGREEMENTS
2.1 All our offers, in whatever form, are without engagement unless in writing
a validity period is mentioned. In the latter case, we are only bound
if the acceptance has reached us in writing within this period. To our
non-binding offer is accepted, we reserve the right to produce them in
If to immediately revoke valid reasons.
2.2 All provided with an offer data on weights, sizes, colors,
costs etc. are also non-binding unless otherwise agreed in writing.
If in connection with the intended use are critical specifications, the buyer is
held this share our writing.
2.3 Orders are only binding after they have been accepted by us in writing or
confirmed or has begun with the execution of the contract.
2.4 Any subsequent supplementary agreements or changes as well
(verbal) agreements and / or promises made by our personnel or on our behalf
done by our salespeople, agents, representatives or other
intermediaries are only binding if confirmed in writing by us.
2.5 Preliminary work which no quotation or to their nature and scope
order confirmation is sent, the invoice will be as
considered order confirmation, which considered the agreement correctly and
2,6 Each agreement is concluded by us under the suspensive
provided that the counterparty is sufficiently creditworthy for the financial
compliance with the agreement.
2.7 We are entitled at or after entering into the agreement, before (further)
to perform, the other party to demand security that both payment and
other obligations will be met.
2.8 We have authorized -if we consider this necessary or desirable for a
proper implementation of the execution of the order given by us at
agreement to call in, the cost of which will be to the other party
be calculated in accordance with the quotations provided. If possible and / or if necessary
we will shall consult with the other party.
3.1 Unless otherwise agreed in writing, subject to the quoted prices,
where price changes and printing errors are subject to change without costs
delivery, other ancillary services, VAT and other taxes.
3.2 In the event of cost increases between the time of conclusion of the
agreement and the execution / completion, we are entitled to the prize with a
to increase margin of up to 15%. In the event that a price higher
than 15% within three months after conclusion of the agreement,
the other party is entitled to the agreement within five days of notice
of the price increase on to say. The party is, however, kept the already
services provided by PomWeld to pay. The other party is not one of the above
termination shall have jurisdiction in case of price increases which
PomWeld under legislation jurisdiction, is mandatory.
4.1 The delivery time stated by us shall only be approximate and can never
be regarded as final delivery. Delay in delivery - regardless of
cause - the other party will never give the right to compensation.
4.2 After the expiry of the delivery the other party is entitled to us in writing - at
registered letter - to set a new reasonable time, not observed
which the other party is entitled to the agreement, if not yet
performed cancel without us being obliged to pay compensation and
without prejudice to the obligation of the other party to pay the already
4.3 When the goods after the expiry of the delivery by the other party
have not been collected, are saved to his disposal for his account and
5. SHIPPING AND DELIVERY
5.1 Unless otherwise agreed in writing, we send the goods on
manner which prevents us the most suitable.
5.2 Unless otherwise agreed in writing, we are not liable for the
risk of damage during transport, so even if we are in front of the carrier
have stated that transport damage will be borne by the sender, and
another to the extent not covered by our damage liability.
5.3 Unless otherwise agreed in writing, delivery shall be based on a
non-delivery free home / business from the other party. Do these delivery
therefore the expense of the other party. Free delivery takes place only if and
where this is indicated by us, on the invoice or otherwise.
5.4 In the event of faulty delivery we will replace the delivered one
sound product or, if this is not possible, the value of the supplied refund.
Except our legal obligation to pay compensation, we have to pay
further damage not held.
5.5 Complaints regarding the quantities, weights or sizes of delivered
cases should be registered immediately upon receipt of the transport document.
Failing this, the burden of proof mandated that non-conforming
is delivered to the other party.
5.6 The risk of error in both written and unwritten made
orders from the other party. We are entitled to deliver in parts
(partial deliveries), which we can invoice separately. The party is over
obliged to pay in accordance with the provisions of art. 10 of these conditions.
6.1 Should the fulfillment of our obligations is prevented by an
attributable failure on our part, we have the right to contract by
using dissolve extrajudicial statement or the fulfillment of our
obligations under the agreement to suspend until the circumstances of
force majeure have ended in performance is reasonably possible.
6.2 We are entitled to demand payment of our services until the time that the
circumstances which constitute force majeure on our part arise.
6.3 If we as a consequence of the failure by a third party to fulfill its obligations
are unable to fulfill our obligations, our customer will not respect us
could make more claims than we will be able to enforce our supplier
6.4 under force majeure means any of the independent will of PomWeld
circumstance, which permanently or temporarily prevents the fulfillment of the agreement
and which either under law or standards of reasonableness and fairness
For one to get her risk.
6.5 For the extent not already included, force majeure will also
mean strikes, government, war, revolution, terrorism and / or any
it equate state, power failures, failures in electronic
communication lines, fire, explosions and other disasters, water damage,
flood, earthquake and other natural disasters, as well as extensive disease
epidemiological nature of staff.
6.6 The suspension, however, will not apply to obligations which the force majeure
no concerns and are already before the onset of the force majeure
6.7 If the force majeure has lasted three months, once it is established that the
force majeure situation will last longer than three months or if the
force majeure lasts longer than the agreed time of work, is
other party is entitled to terminate the agreement without
observing any notice period.
6.8 The other party is also held after such termination of contract
the fees payable to PomWeld by him, which relate to
the period before the force majeure, payable to PomWeld.
6.9 PomWeld is not held during the force majeure to compensate
any loss of or to the other party, nor is it obliged to do so after
termination of the agreement referred to in the seventh paragraph of this article.
7. REPAIR / MAINTENANCE
1.7 In respect of the other party to us for repair, treatment, processing,
maintenance, etc. issued business, we accept no liability
or gross negligence on our part, for any damage. The other party
is required in this regard to indemnify us against any claim
damages from him and / or a third party.
7.2 We have a lien on the under our standing issues.
Moreover, we are entitled to demand payment in advance. The activities
be carried out only against cash. Any additional costs are
7.3 The other party shall at all times for the technical affairs for repair
research costs owed. The amount of these costs will by PomWeld
be determined according to the complexity and nature of the case.
8.1 The goods delivered by us and to be delivered remain our property until the
payment in full by the other party of all that he, for whatever reason,
is owed to us and / or will be due, which in any case the
claims referred to in Section 3:92 paragraph 2 BW, including interest and costs.
2.8 Nevertheless, we are entitled at any time determine that business ownership
to the other party no matter whether the other party has fulfilled its overall
obligations not affect its obligation to do so yet. We will
other party in writing such messages.
8.3 If delivered by us in parts, this retention applies to all
goods delivered by us, as long as the other party not yet complete, with the
overall mission involved price has fully met. As long as the by us
delivered goods still owned by us, it will be forbidden this, the other party
change in any way, to alienate, encumber or whatever
reason whatsoever to give its business, except in the normal course of
8.4 The other party is obliged to cooperate on first request to PomWeld
the establishment of a pledge on the claim in respect of the other party
by delivery of the goods for its customers obtained or will obtain.
8.5 The other party is obliged the things that are under retention of title
delivered with due care and as recognizable property of PomWeld
8.6 We have the right to recover such property and to take to us if
the other party does not fulfill his obligations if he settles, suspension of
payments or has been in a state of bankruptcy is declared, the
included in the law on debt repayment or seizure of property
8.7 notes that in the case of prejudgment and enforceable attachment, bottom attachment, bankruptcy and
moratorium, notify us immediately and the other party must also
to disclose to the judgment creditors that the goods delivered are owned by
8,8 The purchaser is obliged to examine the goods, as long as these are not his property
become, on his behalf, but to ensure the benefit of us. The buyer is
held for as long as we own the property in question, his claim
to compensation for ceding the insurer's first request to us and
insurer thereof inform.
Rating 8.9 Until ownership of the goods have not yet been transferred to the client, may
these things do not pledge or grant third parties any rights thereto,
except in the ordinary course of its business. Client required
to cooperate on first request PomWeld the establishment of a
lien on the principal claim arising from the supply of the
business obtains its customers or will.
9.1 Except in the other party to prove intent or gross negligence on our part, are
we are not obliged to pay any compensation for damage of any kind directly or
indirectly, to movable or immovable property, both in the party and third parties.
9.2 In particular, we are not liable for any contractual or non-contractual
damages incurred or caused to the other party or a third party by
use of the product or by their unsuitability for the purpose for which
the other party purchased it.
9.3 Furthermore, we are particularly not liable for the contractual and
extra-contractual damages to the other party or a third party caused by an error
for one of our employees, vendors, agents, representatives or other
4.9 Our liability is always limited to the amount of the
invoice amount of the delivery or the amount that we are the party
had maximum can charge.
10.1 Payment of our invoices always in cash upon delivery it must be within 30
days to find after receipt of invoice, without discount or settlement. At
an order of up to € 25-, order costs are charged.
10.2 Payment must take place with us.
10.3 We reserve the right only against cash payment
or provide a command to include only processed once security is established
for the proper performance.
10.4 Unless otherwise agreed in writing with a customer, stretches every
first payment to pay the fees, the interest and then to the oldest
10.5 In the event of non-payment or exceeding the payment the other party
legally in default, without a notice of default is there required for, and
from the invoice date an interest rate of 1.5% per (part of a) month
due. Additionally PomWeld the demand phase will immediately review
bailiff office transfer, which at least € 15, - administration will
Calculate by the other party. For subsequent collection process will
extrajudicial costs, with a minimum of € 50, - entirely borne by the
11.1 We have the right to contract by means of a registered
dissolve write or writ out of court if the
counterparty fails to comply with its obligations under the agreement,
Except in the case of legal default, the dissolution will take place after
-where necessity of the defaulting party written notice is
informed of the notice and this gives him a reasonable deadline for the lack
to be purified.
11.2 In addition PomWeld is entitled, without any warning or notice
thesis will be required out of court agreement by a
registered letter or writ with immediate effect in whole or
partially dissolve if:
- The other party (temporary) suspension of payments or him (provisional)
suspension of payment is granted;
- The other party files for bankruptcy or is bankrupt
- On the other party -voorlopige- application of the debt settlement
pronounced under the Natural Persons Debt Rescheduling Act;
- The other party's business is liquidated;
- The other party ceases its current business;
- The other party offered a debt settlement with its creditors.
- Through no fault of the other party on a substantial part of the assets of
the other party is seized, or if the other party is not otherwise
longer able to be considered the obligations under the agreement after
11.3 If PomWeld invokes dissolution based on the occurrence of an
the circumstances referred to in the preceding paragraphs, any claim of
PomWeld against the other party, including the progress already
invoiced immediately and payable in full.
11.4 If PomWeld at the time of termination benefits already in
implementation had received the contract, he may cancel the contract only
partially dissolve and only for that part, by or on behalf of the
the other party has not yet been carried out.
11.5 If the other party on behalf insofar necessity to be in default,
any obligation arising from the agreement, not fully or timely
compliance by the PomWeld is entitled to his obligations to the other party to
Aprons, without being obliged to pay any compensation to the other party
being due. To this end the PomWeld is also entitled to under paragraph 2
this Article conditions.
12.1 If lettings of business is this, unless otherwise
agreed, rented a whole week. The issue date of dispatch c.q.
the leased property is regarded as the first rental day, the day we rented back
received last. Unless otherwise agreed in writing, is also
Saturdays, Sundays and holidays, etc., the fully agreed rent
12.2 Payment of the rent payable in cash on delivery of the leased property or within eight
To find days after the invoice date. In all other respects art. 10 unabridged.
12.3 The equipment rented by us rent for each time by us on their
proper operation verified. We can not vouch for any damage
due to a defect that occurs during use or while in first
12.4 Unless the tenant directly or immediately after receipt of the leased
complained, the tenant is deemed to have the rented in good condition
received, this subject by providing the tenant rebuttal.
12.5 The tenant is obliged to manage the rented as a good family man and is
liable for all damages resulting from improper use of the
leased or any other use than that for which the leased property is intended.
12.6 We are free before issuing a matter for the rental as well as if a
by adopting our reasonable deposit and / or payment of
(part of) demand the agreed rental period.
12.7 We shall be entitled to the interim rents for a period of 2 weeks
12.8 The landlord has the right to lease immediately by a
dissolve extrajudicial statement if:
a. the tenant the Kingdom in Europe is leaving or has left;
b. the tenant does not fulfill its obligations under the lease;
c. the bankruptcy of the tenant is requested or issued;
d. the tenant in the law on debt repayment hit;
e. the tenant moratorium has requested or obtained;
f. the tenant offering a debt settlement with its creditors;
g. the hired hit from the actual control of the tenant.
12.9 The renter is not allowed to lease the leased property to a third party again or
12:10 Necessary repairs to the leased property will by or through
intervention by the lessor may be carried out.
12:11 The tenant is obliged landlords to notify immediately on
rented out the batter batters and explaining where the door directly to the
to inform the property of the landlord.
12:12 If the leased property during the term of the lease is lost
as a result of a cause, which is due to the tenant, this is
obliged to pay the cost of buying a similar device, such
without having the right to lease terms during which he did not have the
leased lines is you have to settle.
12:13 The alleged sub 12:12 is equally applicable if the tenant after
reminder or notice of default rented remains timely once again in the possession of
to ask the landlord.
13.1 The present terms and conditions apply accordingly if the
other party enters into an agreement with respect to a course or
training offered by PomWeld.
13.2 The agreement does not come into existence after the Pomweld
confirmation of participation form signed return receipt.
13.3 The payment of the fee is, contrary to what mentioned in art.
1.10 within 14 days after the conclusion of the contract, to be paid.
13.4 The course dates are valid as agreed. These are hard days
Contrary to this is therefore not possible. Should the other party to any of these
days despite his absence, and this is at your own risk.
5.13 Once the agreement is concluded, it is in principle no longer cancel
14.1 The other party is on delivery of goods, the visible defects
check. Any defects should the other party
immediately by the other party to be reported to PomWeld and within eight
days of delivery shall be confirmed in writing by the other party to PomWeld.
14.2 Other complaints must be submitted by the other party is also within eight days
disclosure of the defect in writing to acknowledge PomWeld
14.3 Any complaints with regard to a part of the agreement can not
dissolution of the entire agreement lead unless inextricably
4.14 PomWeld must always be given the opportunity to a complaint
judge and be given an opportunity to rectify a defect observed.
14.5 Complaints do not suspend the payment obligation of the other party.
15 APPLICABLE LAW
15.1 All offers, agreements and their implementation, which it
general conditions apply, only Dutch law
15.2 arising from those contracts disputes the amount of €
5000 - at start up, be settled exclusively by the competent court in us
located. This without prejudice to our right to submit the dispute to the
normal competency rules or to the arbitrator (s) or binding