DELIVERY CONDITIONS INDUSTRY24

Definitions
1. Industrie24: Industrie24, established in Vlaardingen under Chamber of Commerce no. 87644045.
2. Customer: the person with whom Industrie24 has entered into an agreement.
3. Parties: Industrie24 and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of delivery conditions
1. These delivery conditions apply to all activities, orders, agreements and deliveries of services or products by or on behalf of Industrie24.
2. The parties can only deviate from these delivery terms and conditions if they have expressly agreed or in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.

Consequences of not paying on time
1. If the customer does not pay within the agreed term, Industrie24 is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is charged for a whole month. counted.
2. If the customer is in default, he also owes extrajudicial collection costs and compensation to Industrie24.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Industrie24 may advance its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Industrie24's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Industrie24, he is still obliged to pay the full agreed price to Industrie24.

Right of chargeback
1. As soon as the customer is in default, Industrie24 is entitled to invoke the right of complaint for the unpaid products delivered to the customer.
2. Industrie24 invokes the right of chargebacks by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Industrie24, unless the parties agree otherwise.
4. The costs for retrieving or returning the products are for the account of the customer.

Reimbursement of delivery costs
The costs for delivery will only be borne by Industrie24 insofar as the complete order is returned. This does not apply to the manufactured products, which are made to order and sent to the customer.

Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention
1. Industrie24 can invoke its right of retention and in that case keep the customer's products in its possession until the customer has paid all outstanding invoices with regard to Industrie24, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies under previous agreements from which the customer still owes Industrie24 payments.
3. Industrie24 is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement Unless
the customer is a consumer, the customer waives his right to set off a debt owed to Industrie24 against a claim against Industrie24.

Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Industrie24, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Industrie24 has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to Industrie24 for a late delivery.

Delivery time
1. The delivery times specified by Industrie24 are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic confirmation) from Industrie24.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Industrie24 is unable to deliver within 14 days after being required to do so in writing or if the parties have agreed otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Delivery and passing of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.

Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise. Packing and Shipping 1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Industrie24 cannot be held liable. for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Industrie24 prior to transport, failing which Industrie24 cannot be held liable for any damage.

Storage
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any difference in quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products are entirely at the expense of the customer.

Warranty
1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material. 2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or a third party who takes delivery of the product on behalf of the customer.

Exchange
1. Exchanging purchased items is only possible if the following conditions are met: - exchange takes place within 14 working days after purchase against presentation of the original invoice - the product is returned in its original packaging or with the (price) still attached tickets - The product has not yet been used
2. Discounted items, custom-made items or specially adapted items for the customer (e.g. motor gearboxes, frequency converters and PLCs) cannot be exchanged.

Disclaimer
The customer indemnifies Industrie24 against all third-party claims related to the products and/or services supplied by Industrie24.

Complaints
1. The customer must examine a product or service provided by Industrie24 as soon as possible for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Industrie24 thereof as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.
3. The customer provides as detailed a description as possible of the shortcoming, so that Industrie24 is able to respond adequately.
4. The customer must demonstrate that the complaint relates to an agreement between the parties.
5. If a complaint relates to ongoing work, this can in any case not lead to Industrie24 being obliged to perform other work than has been agreed.

Notice of default
1. The customer must notify Industrie24 of any notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches Industrie24 (on time).

Joint and several liability customer
If Industrie24 enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts owed to Industrie24 under that agreement.
Liability Industry24
1. Industrie24 is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Industrie24 is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Industrie24 is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
4. If Industrie24 is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry Period
Any right of the customer to compensation from Industrie24 expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to cancellation
1. The customer has the right to dissolve the agreement if Industrie24 imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Industrie24 is not permanently or temporarily impossible, dissolution can only take place after Industrie24 is in default.
3. Industrie24 has the right to dissolve the agreement with the customer if the customer fulfills its obligations under the agreement in full or late, or if Industrie24 has become aware of circumstances that give it good grounds to fear that the customer will fulfill its obligations. will not be able to comply properly.

Force of the majority
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Industrie24 in the fulfillment of any obligation towards the customer cannot be attributed to Industrie24 in a situation independent of the will of Industrie24, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Industrie24.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, pandemics, etc.); failure to perform and power of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 3. If a force majeure situation occurs as a result of which Industrie24 cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Industrie24 can meet them again.
4. 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.
5. In a force majeure situation, Industrie24 does not owe any (damage) compensation, even if it benefits from any advantage as a result of the force majeure situation.

Change of agreement
If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement in a timely manner and in mutual consultation. Change of delivery conditions
1. Industrie24 is entitled to change or supplement these terms of delivery
2. Changes of minor importance can be made at any time.
3. Industrie24 will discuss major substantive changes with the customer in advance as much as possible.
4. A consumer is entitled to terminate the agreement in the event of a substantial change in the delivery conditions.

Transition of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Industrie24.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability
1. If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Industrie24 had in mind when drafting the conditions on that point.

Applicable law competent court
1. The terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where Industrie24 is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise. Applicability of delivery conditions

The delivery conditions apply from 01 November 2022.