1. Applicability of General Terms & Conditions
1.1. These General Terms & Conditions apply to any contract concluded by Parts Direct, forming part of Motrac Intern Transport B.V. (“MotracLinde”) and its contract party (“Customer”).
1.2 These General Terms & Conditions consist of the following parts:
- Part A: General;
- Part B: Purchase;
- Part C: Hire;
- Part D: Repair, Maintenance and Service; and
- Part E: Conditions of purchase via webshop.
1.3 Part A applies to every contract. Parts B to E apply in the event of purchase (B), hire (C) and/or repair, maintenance and service (D), purchase via webshop (E).
1.4 In the event of conflict between the provisions of a contract and the provisions in these General Terms & Conditions, the provisions in the contract shall prevail. In the event of conflict between the provisions of part A: General and another part of these General Terms & Conditions, the provision in the other part shall prevail.
2.1 Offers and proposals from MotracLinde are without obligation. The content of documentation sent by MotracLinde to the Customer before conclusion of a contract shall not form part of the Contract.
2.2 The Customer warrants that the information it provides to MotracLinde is accurate.
3.1 If a contract is terminated other than due to completion, a contract is entered into for the term stated therein, and if this is not stated, for a term of 1 year.
3.2 If a contract is terminated other than due to completion and is entered into for a finite term, the contract shall be extended automatically after completion of the initial term on each occasion for a term of 1 month.
4.1 MotracLinde guarantees that the equipment supplied to the Customer meets the specifications stated in the contract, subject to the equipment being used by the Customer in a normal manner and according to normal practice for the equipment according to the instructions from MotracLinde and the purpose for which the equipment is provided.
4.2 The equipment is supplied with instructions, manuals and similar documentation. These documents form part of the contract. If on use it emerges that these documents are missing, the Customer is obliged to request MotracLinde to provide them.
4.3 The Customer shall be obliged to study the documentation referred to in article 4.2 before using the equipment, oblige personnel that work with the equipment to do the same and to ensure that the equipment is used in accordance with this documentation. MotracLinde shall not be liable for damage if the Customer fails to meet its obligations under this article.
4.4 If the Customer takes the equipment supplied into use, the equipment shall be deemed to conform to the contract.
4.5 The Customer must report faults not later than 15 days after these are identified or should have been identified in writing. If the Customer fails to do this, MotracLinde shall not be obliged to remedy the faults or provide replacement equipment.
4.6 The Customer shall provide information to MotracLinde to enable correct performance of the contract in a timely manner, whether requested or not. The Customer is aware that MotracLinde fulfils its obligations under the contract on the basis of the information provided to MotracLinde by the Customer and the Customer warrants that this information is correct.
5. Delivery and ownership
5.1 MotracLinde delivers ex-works (Incoterms, most recent version). The terms and delivery terms stated by MotracLinde are indicative.
5.2 The equipment supplied by MotracLinde remains the property of MotracLinde until such time as the Customer has fulfilled all its payment obligations to MotracLinde.
5.3 If the Customer fails to meet its obligations under a contract, or if MotracLinde has reason to believe that the Customer will fail to meet its obligations, MotracLinde shall be entitled to retrieve the equipment supplied to the Customer, or arrange for this retrieval. The Customer shall be obliged to extend its full and unconditional cooperation in this respect.
5.4 MotracLinde is entitled to fulfil the contract in phased deliveries.
6.1 Unless equipment is purchased from MotracLinde, or if expressly agreed otherwise in writing, the Customer is obliged to have maintenance, repairs and similar work carried out exclusively by MotracLinde. In such cases the provisions in Part D: Repairs, Maintenance and Service shall apply.
7. Taking into operation
7.1 Unless otherwise agreed, the assembly, installation, taking into use or materials needed for this and the costs thereof are not included in the contract. The costs of transport, insurance, block and tackle work, hire of temporary facilities and the like are not included in the price unless otherwise stated.
7.2 MotracLinde is not responsible for any permits that may be required.
7.3 If the contract states that assembly, installation and/or taking into use will be provided or assisted by MotracLinde, the Customer shall on all occasions provide all cooperation and materials requested by MotracLinde at the Customer’s own account and risk.
8. Price and payment
8.1 The prices stated are exclusive of VAT and any government levies, assembly costs, transport costs and insurance costs.
8.2 Unless otherwise agreed, MotracLinde will invoice the Customer exclusively in digital form.
8.3 MotracLinde is entitled to adjust its prices if the costs of performance of the contract increase as a result of circumstances beyond its control, such as changes to social insurance premiums or other insurances, lead surcharge, taxes, etc.
8.4 Payment terms are final. The Customer is obliged to pay invoices from MotracLinde within the payment term stated on the invoice in full and without set-off or suspension. If no payment term is stated, the payment term shall be 21 days after the invoice date.
8.5 The Customer is obliged to pay hire and other instalments at all times. Damage or faults in the equipment or a circumstance in which use is not possible for any other reason or not permitted under any law, regulation or contract shall not entitle the Customer to suspend any of its payment or other obligations.
8.6 Once the Customer is in default, statutory commercial interest and extra-judicial collection costs will be due. The extra-judicial collection costs amount to 15% of the principal. Payments will be applied first to accrued interest and costs and subsequently to reduction of the principal.
9. Intellectual property
9.1 The contract(s) shall not include the transfer of intellectual property rights. MotracLinde reserves, also on behalf of its suppliers if applicable, all rights relating to the equipment and other materials supplied by it to the Customer.
9.2 With respect to material provided by MotracLinde to the Customer such as advice, reports, drawings, designs, sketches, software, etc., the Customer receives a non-transferable, non-sublicensable right to use such material during the term of the contract for its own internal use.
9.3 The Customer guarantees that the equipment and other materials provided by it to MotracLinde does not infringe the rights of third parties. The Customer indemnifies MotracLinde, and will fully compensate MotracLinde, for agreements of third parties relating to any submission that the equipment and/or other materials provided by the Customer to MotracLinde infringes a right of such third party.
10. Confidential information
10.1 The parties are obliged to observe confidentiality with respect to information provided by the other party under an obligation of confidentiality, or which reasonably could be assumed to be confidential in nature. In this respect the recipient party shall take the same measures as those measures it uses for the protection of its own confidential information and such measures shall at least be reasonable.
10.2 The offers and prices of MotracLinde are confidential in nature.
11.1 Any liability of MotracLinde of whatever nature shall be limited to reimbursement of direct loss up to the amount of the price stated in the contract. If the agreement mainly concerns a continuing performance contract with a term of more than one year, the price stipulated for the contract is set at the total payments (excluding VAT) stipulated by MotracLinde for one year. The liability of MotracLinde shall in no case exceed € 1,250,000.
11.2 The liability of MotracLinde for damages due to death or physical injury shall in no case amount to more than € 2,500,000.
11.3 MotracLinde shall not be liable for indirect loss such as lost profit, missed savings, business interruption, stoppage or other consequential loss.
11.4 The exclusions and limitations of liability shall lapse in the event of wilful act or gross negligence.
11.5 The Customer indemnifies MotracLinde for claims by third parties under the Wages and Salaries Tax and National Insurance Contributions (Liability of Subcontractors) Act (Wet Ketenaansprakelijkheid).
12.1 Apart from cases in which the equipment hired is insured through MotracLinde, the Customer undertakes to MotracLinde to arrange and maintain adequate third-party liability and comprehensive insurance for equipment hired and equipment subject to retention of title against misappropriation, theft, fire, explosion and water damage and to provide the policy and proof of premium payment to MotracLinde for inspection on demand.
12.2 If the situation arises, the Customer hereby cedes claims it has under its insurance contract and guarantees, without prejudice to the right of MotracLinde to make such notification, that it will notify its insurer without delay.
13. Force majeure
13.1 The parties shall not be obliged to fulfil the obligations (with the exception of the payment obligations) in a situation of force majeure.
13.2 If a situation of force majeure persists for more than 60 days, or it is foreseeable that the situation will persist for more than 60 days, the parties shall be entitled to dissolve this contract without further notice of default. The performance effected on the basis of the contract will then be settled pro rata without further obligation between the parties.
14.1 The parties are entitled to terminate a contract with immediate effect by means of written notice if:
- the other party applies for suspension of payments;
- the other party applies for bankruptcy or is declared to be bankrupt;
- the other party is liquidated or terminated other than due to reconstruction or merger of companies;
- the Customer, despite request to that effect by MotracLinde, provides no or inadequate security for fulfilment of its obligations under the contracts concluded with MotracLinde;
- a significant part of the assets of the other party is subject to attachment;
- the Customer fails to comply, fails to comply fully, fails to comply on time or fails to comply correctly with any obligation under a framework contract, order confirmation(s) and/or general terms and conditions after having been properly called on to do so or MotracLinde has reason to believe that this will be the case or that ownership rights of MotracLinde with respect to the equipment will be infringed;
- if control of the Customer changes.
14.2 A dissolution of a contract shall be without prejudice to performances effected by the parties, unless a party is in default with respect to this performance.
15.1 The Customer may not transfer the contract or the rights arising therefrom without prior written permission from MotracLinde.
15.2 The Customer hereby grants MotracLinde in advance permission to transfer, sell or otherwise alienate the contract and/or the ownership of the equipment and the rights arising therefrom wholly or partially to third parties.
16. Contact persons and escalation
16.1 The parties will each designate a contact person with respect to the implementation of the contract.
16.2 If a party believes there is a dispute, it will notify this to the other party in writing.
16.3 The contact persons will consult in an attempt to resolve the dispute within 14 days of receipt of the notification referred to article 16.2.
16.4 If the consultation referred to in article 16.3 does not lead to a solution, the managements of MotracLinde and the Customer will meet within 14 days in an attempt to resolve the dispute.
16.5 The provisions in this article 16 are without prejudice to the rights of the parties and therefore shall not prevent the parties from taking provisional legal measures or applying for preliminary relief proceedings.
17. Use of personal data
17.1 The following provisions of this article apply, to the extent that MotracLinde processes personal data in the context of the contract. For the application of this article, reference to the “Customer” shall include the directors, shareholders and other officers of the legal entity.
17.2 MotracLinde is responsible in relation to the personal data provided or to be provided to it in connection with the contract, and may use and process these data for the following purposes (i) the evaluation of requests, such as a request to enter into a contract with MotracLinde, (ii) the prevention of fraud and collection and (iii) the administration and implementation of the contract, security documentation and associated agreements.
17.3 For these purposes, MotracLinde may pass this information to or share it with group companies of MotracLinde, listed at http://royalreesink.com/over-ons/onze-bedrijven/, insurers, MotracLinde’s legal successors and collection agencies.
17.4 For the exercise of the right to inspect, correct and delete personal data, MotracLinde can be contacted via firstname.lastname@example.org.
17.5 The processing of personal data of the Customer is carried out in accordance with regulation applying to the processing of personal data. Personal data are kept confidential and are not used for any purpose other than those stated in article 17.2 and article 17.3.
18.1 The applicability of terms and conditions used by the Customer is expressly rejected.
18.2 If a provision in the contract or these General Terms & Conditions is invalid or is nullified, the other provisions shall remain fully in force.
19. Applicable law and disputes
19.1 All legal relationships between MotracLinde and the Customer are exclusively governed by Dutch law. The Vienna Sales Convention of 1980 does not apply.
19.2 Disputes between MotracLinde and the Customer shall be exclusively put before the competent court in the district of Midden-Nederland.
1. Applicability of Part B: Purchase
11.1 The provisions included in this Part B: Purchase, in combination with Part A: General, apply to the sale of equipment by MotracLinde to the Customer.
2. Purchase and sale
2.1 MotracLinde sells and the Customer purchases the equipment according to the nature and number stated in the contract.
2.2 The Customer bears the risk of the selection of the equipment purchased.
2.3 MotracLinde warrants that the equipment is suitable for normal use and meets the specifications as stated in the contract.
2.4 The Customer is, unless it has been granted suspension of payments or declared bankrupt, entitled to resell the equipment sold by MotracLinde in the context of its regular business operation. The Customer cannot and may not impose any limited rights on the equipment supplied by MotracLinde unless the equipment has been purchased from MotracLinde and the purchase price has been paid.
3.1 MotracLinde will package the equipment according to its normal business practice. If the Customer requires a particular method of packaging, the related costs shall be for the Customer.
4.1 MotracLinde provides warranties to the extent stated in the contract. Under the warranties provided by MotracLinde, the Customer is exclusively entitled to repair free of charge or replacement, to be effected by MotracLinde or a dealer recognised by MotracLinde.
4.2 Warranty obligations lapse if faults are due to incorrect, careless or inexpert use, repair or maintenance of the equipment by the Customer. The costs of replacement or repair outside the scope of the warranty shall be charged at the usual rates applied by MotracLinde.
4.3 If the Customer wishes to make a claim under the warranty, the Customer must notify faults not later than 15 days after it has discovered or should have discovered the fault in writing.
4.4 If the Customer wishes to make a claim under the warranty, it must return the parts or equipment that are the subject of the warranty claim to MotracLinde.
1. Applicability of Part C: Hire
1.1 The provisions included in this Part C: Hire, in combination with Part A: General, apply to the hire of equipment from MotracLinde by the Customer.
2.1 Equipment is hired for the term and at the price stated in the contract.
2.2 Equipment hired remains the property of MotracLinde. During the term of the contract, the Customer receives a non-transferable right to use the equipment at the location(s) stated in the contract in the context of its normal business operation.
2.3 It is not permitted, and the Customer is not entitled, to allow the equipment to be used by third parties, or to pledge, otherwise encumber or alienate the equipment. The use of the equipment outside the Netherlands is not permitted without the prior written permission of MotracLinde.
3. Use of the equipment
3.1 On receipt of the equipment, the Customer must check that the equipment meets the conditions of the contract. If the Customer identifies faults, the Customer must inform MotracLinde accordingly without delay.
3.2 The Customer shall take due care of the equipment. The Customer is obliged to store the equipment when not in use in a dry place that is not accessible by third parties. Keys should be removed from the ignition.
3.3 The equipment may be used exclusively for its proper purpose by competent and experienced operators and in accordance with applicable regulation, including a forklift certificate.
3.4 If the contract is terminated, the equipment must at all times be returned to MotracLinde or a location of its choice clean and in the condition in which it was supplied to the Customer (apart from normal wear and tear). The Customer must pay costs for repair and cleaning and any impairment of equipment for which the Customer is responsible at MotracLinde’s first request.
3.5 The Customer is obliged to notify MotracLinde immediately in writing if the equipment is subject to attachment or attachment is imminent or a third party claims surrender of the equipment. If the Customer gives notice of insolvency as defined in the Collection of State Taxes Act (Invorderingswet) 1990 or any social insurance act, the Customer must notify MotracLinde accordingly in writing on the same day. The Customer shall indemnify MotracLinde for all costs (including legal costs) incurred by MotracLinde in returning the equipment to its control.
4.1 The Customer will provide fuel for the equipment at its own expense, is responsible for batteries and will check at least the following:
- the general and safe operation of the equipment and any connected or ancillary equipment;
- the condition of the warning and signalling systems, pipes, hoses, cooling systems, airways, fluid systems, etc.;
- the levels of lubricating oil, hydraulic oil, coolant, anti-freeze and brake fluid, all other lubricants and fluids. The Customer will top these up when necessary;
- the tyre pressure and the condition of the tyres. The Customer will restore the tyres to the correct pressure as necessary;
- the operation of the operating meter reader;
- the water level in the traction battery on a weekly basis. The Customer shall top this up with distilled water as necessary at its own expense.
4.2 Maintenance other than as referred to in article 4.1 will be carried out by MotracLinde. The provision in Part D: Services, applies by analogy in this respect.
5. Hire payment
5.1 All payments will be invoiced monthly in advance. The payments may be indexed once a year.
5.2 If the payment is based on a number of operating hours for the equipment, the Customer must provide MotracLinde a truthful statement of the number of operating hours as shown on the operating meter reader at MotracLinde’s first request.
5.3 If the payment is based on a number of operating hours for the equipment, any extra hours will be charged at the extra charge stated in the contract, and if this is not stated in the contract at the extra charge applied by MotracLinde. If the difference is greater than 10%, MotracLinde shall be entitled to adjust the term of the contract and/or the instalment due pro rata.
5.4 After return of the equipment, MotracLinde will prepare a final settlement. Settlement will in any case be made for the extra hours of operation.
6.1 Unless otherwise agreed, MotracLinde includes the equipment in its general comprehensive insurance and charges the proportionate associated costs to the Customer. The Customer is bound by the applicable terms and conditions of the insurance and the applicable excess.
6.2 The Customer must notify MotracLinde of any damage without delay and not later than 48 hours after occurrence by submitting a fully completed claim form. In the absence of timely and/or full notification of damage, MotracLinde is entitled to recover its loss from the Customer, without prejudice to its other rights.
6.3 If payments for insurance (or the hire payment if this includes the insurance payment) are not made on time, cover will be suspended until the payments in arrears have been made in full.
7.1 MotracLinde is entitled to check that the equipment for hire and made available by MotracLinde is used by the Customer in accordance with the contract(s) and to record operating hours.
7.2 The Customer will extend its full and conditional cooperation to MotracLinde to enable MotracLinde to perform a check as described in article 7.1. Causes exterior to the equipment will be for the account of the Customer at the rates prevailing at the time.
D. Repair, Maintenance and Service
1. Applicability of Part D: Repair, Maintenance and Service
1.1 The provisions included in this Part D: Repair, Maintenance and Service apply, in combination with Part A: General, if MotracLinde provides services such as taking into operation, maintenance, repairs and other related services to the Customer.
2.1 MotracLinde will make its best efforts to perform services with due care. All services will be performed on the basis of a best-efforts obligation.
2.2 The Customer will notify MotracLinde at all times regarding any circumstances that may affect the service.
3. Prices and rates
3.1 The performance of services will be charged at the rates stated in the contract. Unless otherwise stated in the contract, services will be charged on the basis of calculation on completion. Rates are subject to annual indexation.
3.2 If a regular payment for the performance of services is agreed, this payment is due in advance.
3.3 Payments for maintenance will be based on the operating hours of the equipment, with the minimum number of operating hours of the equipment to be maintained being 500 per year. The operating hours as shown on the meter display shall be leading. The Customer must provide a truthful statement of the number of operating hours to MotracLinde on demand. Any excess operating hours will be charged on an annual basis. If the number of operating hours is at least 20% lower than the hours estimated, the Customer may, if it may be reasonably expected that this is permanent, request an amendment to the contract. MotracLinde is not obliged to compensate for fewer hours of operation than estimated.
3.4 In case of an excess of the number of agreed operating hours of at least 10% (or when it is foreseeable that such an excess will occur), MotracLinde is entitled to amend the term of the contract and/or the instalment due proportionally. If MotracLinde changes the instalment, it is entitled to charge the changed amount with retroactive effect.
4.1 MotracLinde is only obliged to perform maintenance if this is agreed in the contract.
4.2 If performance of maintenance works by MotracLinde is agreed, MotracLinde will strive to perform the works necessary to keep the equipment in good condition, taking account of the nature and use of the equipment to be maintained.
4.3 The Customer is obliged to inform MotracLinde in a timely manner in writing regarding any changes that could affect the performance of the equipment to be maintained, including the conditions of deployment. The Customer is aware that the rates for maintenance are based on the conditions of deployment as stated by the Customer.
4.4 The Customer is obliged to ensure that the service engineer is able to commence their work immediately on site. Costs incurred due to waiting times and/or due to the fact that the works cannot be performed for whatever reason will be charged to the Customer separately at the prevailing rates.
4.5 Each item of equipment has specific features with respect to maintenance. Depending on these features, maintenance guidelines, conditions of deployment and operating hours, MotracLinde will regularly check equipment. In this context, equipment must be made available to MotracLinde on at least 1 working day per calendar year at MotracLinde’s request.
4.6 MotracLinde will prepare a schedule for maintenance in consultation with the Customer if so requested.
4.7 Maintenance works are carried out on working days (apart from generally recognised public holidays) between 07:45 and 16:45 hours. A surcharge will apply to works carried out on other days.
4.8 If the equipment is not repaired within 48 hours after diagnosis, a replacement equipment can be made available on request. The provision of replacement equipment does not apply to equipment with a lifting capacity in excess of 8 tonnes, EX trucks, VKA trucks and attachments.
4.9 If repairs are required as a result of incorrect, careless or inexpert use of equipment, MotracLinde is entitled to charge for the performance of these works and any replacement parts separately. No replacement equipment will be made available in case of damage caused in this way.
4.10 Works such as the repair of damage caused by the Customer, or replacement of parts as a result of this, are not part of regular maintenance works and will be charged for separately.
4.11 The installation of changes due to amended government provisions is not part of regular maintenance and will be charged for separately.
4.12 Without prejudice to the other rights of MotracLinde, all obligations of MotracLinde with respect to maintenance shall lapse if the equipment is taken outside the Netherlands or if the Customer uses the equipment at a location other than the agreed location(s).
5. Service contracts
5.1 The exact nature and scope of the maintenance to be performed is stated in the service contract. The Customer is not permitted to terminate a service contract before the end of the term.
5.2 Additional works such as repair of damage, including the replacement of parts as necessary due to breakdowns as a result of
6. Obligations of the Customer
6.1 The Customer will inform MotracLinde in writing regarding any changes to the Customer’s address and the locations at which the equipment is situated.
6.2 The Customer will ensure that MotracLinde has access to the equipment. The Customer must provide a suitable and safe working location that complies at least with the most recent VCA (Health, Safety and Environmental) requirements and must provide this to MotracLinde. The working location must be fitted with lighting, ventilation, a normal working temperature, sufficient working space around the equipment and limitation of risks (from other traffic, noise levels and dangerous materials). Facilities must also be available to employees with respect to hygiene, sanitary facilities, escape routes and first aid.
6.3 If maintenance cannot reasonably be performed at the Customer’s location, the costs of transport of the equipment to MotracLinde’s nearest facility shall be for the account of the Customer.
6.4 The Customer declares it will extend its full cooperation to MotracLinde in the event that an item of equipment must, in the opinion of MotracLinde, be maintained or repaired and will make the equipment available to MotracLinde for this on first request.
6.5 The Customer is obliged to carry out minor daily and weekly maintenance as described in the documentation relating to the equipment, relating to batteries and charges, and relating to attachments independently and at its own expense. The prescribed fuels, lubricants and fluids must be used for this purpose. The Customer must allow MotracLinde to inspect the minor daily and weekly maintenance work performed on request.
6.6 The Customer is responsible for the disposal of waste materials and fluids.
6.7 The hours and costs relating to circumstances as a result of which works cannot be carried out or cannot be carried out properly will be charged separately, unless these circumstances are attributable to MotracLinde.
7.1 MotracLinde will record the works performed in a work report, stating the hours worked and the parts replaced.
7.2 The work report will be sent to the Customer (in digital form). In case of a safety inspection, the Customer may also request a copy of the inspection report.
8. Reporting breakdowns
8.1 Breakdowns and faults must be notified using the appropriate form on www.Motraclinde.nl, by telephone or by e-mail, stating the date, time, serial number and Customer’s location.
8.2 Urgent breakdowns outside office hours should be reported by telephone on: 06–53 371 294.
E. Purchase via webshop
1. Applicability of part E: Conditions of purchase via webshop
The provisions of this part E, in combination with Part A: General and Part B: Purchase, apply to every offer made by MotracLinde and contract concluded by the Customer with MotracLinde via the website https://www.partsdirect.nl (an “Online Purchase”). The terms and conditions stated in Part A: General and Part B: Purchase apply in full to an Online Purchase, unless a different arrangement is made in this Part E.
2. Contact details
The contact details of MotracLinde for Online Purchase are:
Telephone webshop customer service 088 – 7377700
E-mail webshop customer service email@example.com
3.1 Article 1 of Part A: General is supplemented with the provisions in this article 3.
3.2 Before a contract for an Online Purchase is concluded, the text of these general terms and conditions is sent in electronic form and made available to the Customer in such a manner that the Customer can conveniently save this document on a permanent information carrier. If this is not reasonably possible, before a contract for an Online Purchase is concluded, the Customer will be notified of the location where the general terms and conditions can be inspected in electronic form and informed that the general terms and conditions are available in either electronic or other form free of charge.
4.1 Article 2.1 of Part A: General is replaced by the following text in case of an Online Purchase:
“Offers from MotracLinde are made without obligation. MotracLinde reserves the right to change or adjust its offer. MotracLinde will not be bound by the contents of price lists, folders, catalogues, printed material, etc. and images, drawings, size and weight specifications, unless these are specifically referred to in the contract. Any new price quotation from MotracLinde causes the previous quotation to lapse.”
4.2 Article 2 of Part A: General is supplemented with the provisions in article 4.3 and 4.4.
4.3 MotracLinde sells the equipment listed via https://www.partsdirect.nl.
4.4 Since the Customer is acting in the conduct of a profession or business, no right of withdrawal applies to the contract.
5. The contract
5.1 Subject to the provision in paragraph 5, the contract for Online Purchase comes into effect when it is accepted by the Customer and the terms and conditions therein are met.
5.2 If the Customer has accepted the offer by electronic means, MotracLinde will confirm its receipt of the acceptance of the offer by electronic means.
5.3 MotracLinde takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a secure web environment. MotracLinde will take appropriate security measures with respect to electronic payments by the Customer.
5.4 If applicable, MotracLinde will send information on warranties and after-sales service to the Customer.
5.5 Any contract for an Online Purchase is entered into subject to the suspensory condition that the products in question are available.
6. Delivery and ownership
6.1 Article 5 of Part A: General is supplemented with the provisions in this article 6.
6.2 Equipment made available by the Customer to MotracLinde in connection with maintenance or repair remains at the risk of the Customer during transport to and from MotracLinde and while at MotracLinde.
6.3 Given adequate availability, the delivery time for equipment purchased is two working days after MotracLinde receives (i) payment and (ii) all information that MotracLinde has stated is required, or that the Customer should reasonably understand is required in the context of performance of the contract.
6.4 MotracLinde cannot be held liable for any loss as a result of delay in delivery. If the original agreed delivery date is postponed due to an action or arrangement by the Customer, the delivery date will be adjusted by MotracLinde. This adjusted delivery date will then apply as the agreed delivery date.
6.5 The delivery date is based on the circumstances applying at the time of conclusion of the contract and assuming the timely delivery of the equipment ordered by MotracLinde for the performance of the contract. If delay occurs due to a change in these circumstances outside MotracLinde’s control or because the equipment ordered by MotracLinde is not delivered on time, the delivery date will be postponed accordingly.
6.6 If changes to the contract in the interim involve a lengthy delivery term, the delivery date will be adjusted with this extra time.
7. Price and payment
7.1 The Customer may pay for an Online Purchase by the following means:
- direct payment via PSP:
(i) credit card (VISA or MasterCard) accordingly the amount is directly debited from your credit card
- bank transfer
- payment of invoice
The Customer receives an e-mail from MotracLinde immediately after placing an order for an Online Purchase. Payment by bank transfer should be made to the bank account stated in this e-mail, stating the payment reference included in this e-mail. Payment of invoice should be effected within 21 days to the stated bank account, stating the payment reference.
7.2 The prices of the equipment are based on the price list applying on the date on which the contract for the Online Purchase is concluded.
8. Escalation procedure
8.1 For purchases via the webshop, article 16.1 of Part A: General is declared to be inapplicable.