Pole to Pole adopts the general terms and conditions of the Centrale Bond van Meubelfabrikanten (Dutch Furniture Manufacturers’ Association) with the following exceptions and amendments:
- Exclusions from Article 5
Pole to Pole does not accept the provisions of Article 5, subclauses 2 and 3. All liability regarding delivery periods shall be governed solely by Article 5, subclause 1.
- Complaint Notification Period
Complaints must be reported within 14 days of delivery. Any complaints submitted after this period may be deemed inadmissible.
GENERAL SALES TERMS AND CONDITIONS
These terms and conditions apply to agreements between Pole to Pole and its clients, alongside the terms of the Centrale Bond van Meubelfabrikanten (Dutch Furniture Manufacturers’ Association), registered with the District Court of Amsterdam on 19 November 2003, under number 170/2003.
Clause 1: Quotations
- All quotations without a specified validity period are non-binding.
- Any models, illustrations, drawings, or dimensions accompanying quotations serve as general representations of the products. Minor construction changes that do not materially affect the technical or aesthetic design shall not constitute grounds for compensation or refusal of delivery.
- Illustrations or drawings provided by the seller remain the seller’s property and must be returned upon request. Failure to return them may result in charges determined by the seller.
Clause 2: Order Acceptance
- Orders are subject to creditworthiness checks. If creditworthiness is deemed insufficient, the seller may cancel the order within 25 working days of acceptance.
- The seller may require the buyer to provide payment security at any time, even after partial order fulfillment.
- Orders confirmed by representatives are binding, but the seller retains the right to adjust or cancel orders within 15 working days if unforeseen circumstances arise.
Clause 3: Shipment and Delivery
- Delivery to the buyer’s warehouse at ground floor level is conducted at the seller’s risk when arranged through the seller’s transport.
- All other deliveries are conducted at the buyer’s risk from the point of dispatch, even if noted otherwise on transport documents.
- Refusal to accept properly delivered items will result in additional costs borne by the buyer.
Clause 4: Retention of Ownership
- Ownership of goods remains with the seller until all payment obligations are fulfilled.
- Before transfer of ownership, the buyer may not dispose of the goods outside normal business operations.
- The seller retains access to goods under ownership rights until payment is complete.
Clause 5: Delivery Period
- Delivery periods are approximate. While the seller will endeavor to meet stated timelines, delays do not warrant compensation or contract dissolution unless explicitly agreed upon.
Clause 6: Complaints
- Complaints must be submitted in writing within 14 days of delivery. Late submissions may be rejected.
- Buyers are required to inspect goods immediately upon receipt and report visible defects promptly.
Clause 7: Guarantee
The seller provides a guarantee for one year from the invoice date, covering defects arising under normal use. Within this period, costs for replacement, including freight within the Netherlands, will be covered by the seller.
Clause 8: Limitation of Liability
- The seller’s liability for damages is limited to the net invoice value of the goods, unless otherwise stated by law.
- Indirect damages, such as third-party losses or income loss, are excluded unless deemed unreasonably burdensome to the buyer.
Clause 9: Force Majeure
- The seller is not liable for non-performance due to circumstances beyond its control, such as war, strikes, or other unforeseen events.
- The buyer and seller must notify each other immediately upon the occurrence of such events.
Clause 10: Payment
- Payments are due within two weeks of the invoice date unless delivery occurs later, in which case the delivery date serves as the invoice date.
- Late payments incur a monthly interest of 1% (up to a maximum of 10% per year).
- All collection costs, including legal fees, are charged to the buyer in cases of non-payment.
Clause 11: Governing Law and Jurisdiction
- Dutch law governs all agreements.
- Disputes shall be resolved in the district court where the seller’s registered office is located, unless otherwise determined by law.