Delivery terms
Delivery termsfor materials
These terms apply to all quotations, deliveries and agreements under which a padel court builder purchases materials from I-Padel. Thirteen articles set out what we agree on quotations, prices and payment, delivery and transport, ownership, warranty and liability. First the key points at a glance, then the full text.
- Quotations without obligation, valid for 30 days
- Payment within 30 days of the invoice date
- Delivery ex warehouse in Urk
In brief
The key points at a glance
The six agreements you will need most often in practice.
| Subject | Agreement | Article |
|---|---|---|
| Quotation | Without obligation, valid for 30 days | 3.1 |
| Payment | Within 30 days of the invoice date, prices excluding VAT | 4.1, 4.2 |
| Delivery and risk | Ex warehouse; risk passes on delivery | 5.1, 7.1 |
| Complaints | In writing, within 7 days of delivery | 8.2 |
| Warranty on materials | 12 months after delivery | 9.2 |
| Force majeure | After 3 months either party may terminate | 11.2 |
The article numbers refer to the full text below.
Full text
Terms for the supply of materials by I-Padel
I-Padel supplies steel structures, glass walls and fencing from its own production to padel court builders, such as our distribution partners. The following thirteen articles apply to those deliveries.
1. Definitions
1.1 Supplier: I-Padel, established in Urk, the Netherlands.
1.2 Customer: the padel court builder that purchases materials from the Supplier.
1.3 Materials: all goods and products that the Supplier delivers to the Customer.
2. Applicability
2.1 These delivery terms apply to all quotations, deliveries and agreements between the Supplier and the Customer.
2.2 Deviations from these terms are binding only if they have been agreed in writing.
3. Quotations and agreements
3.1 All quotations from the Supplier are without obligation and valid for 30 days.
3.2 An agreement is concluded once the Supplier has confirmed the order in writing.
4. Prices and payment
4.1 All prices are exclusive of VAT and other government levies.
4.2 Payment is due within 30 days of the invoice date, unless otherwise agreed in writing.
4.3 If the Customer fails to pay on time, the Customer is in default by operation of law and owes the statutory interest.
5. Delivery and delivery time
5.1 Delivery takes place ex warehouse of the Supplier, unless otherwise agreed.
5.2 Delivery times are approximate. Exceeding a delivery time does not entitle the Customer to compensation or to termination of the agreement.
5.3 The Customer is obliged to take delivery of the Materials at the moment they are offered to the Customer.
6. Retention of title
6.1 Delivered Materials remain the property of the Supplier until the Customer has fulfilled all obligations under the agreement.
6.2 As long as title has not passed, the Customer may not pledge the Materials or create any other right over them.
7. Transport and risk
7.1 The risk of loss of or damage to the Materials passes to the Customer at the moment of delivery.
7.2 Unless otherwise agreed, the Customer arranges the transport of the Materials itself.
8. Inspection and complaints
8.1 The Customer is obliged to inspect the Materials for defects and shortcomings on delivery.
8.2 Complaints about defects must be reported to the Supplier in writing within 7 days of delivery.
8.3 If a complaint is submitted in time and is justified, the Supplier will, at its own discretion, repair or replace the defective Materials.
9. Warranty
9.1 The Supplier warrants that the delivered Materials meet the usual requirements and standards that may reasonably be set for them.
9.2 This warranty applies for a period of 12 months after delivery.
10. Liability
10.1 The liability of the Supplier is limited to the amount paid out by its insurer.
10.2 The Supplier is not liable for indirect damage, including consequential damage, loss of profit and lost savings.
11. Force majeure
11.1 Force majeure means any circumstance beyond the control of the Supplier that temporarily or permanently prevents the Supplier from fulfilling its obligations.
11.2 During force majeure, the delivery and other obligations of the Supplier are suspended. If the period in which performance is impossible due to force majeure lasts longer than 3 months, both parties are entitled to terminate the agreement without any obligation to pay compensation.
12. Applicable law and disputes
12.1 All legal relationships between the Supplier and the Customer are governed by Dutch law.
12.2 Disputes are submitted exclusively to the competent court in the district where the Supplier is established.
13. Other provisions
13.1 If one or more provisions of these delivery terms are void or are annulled, the remaining provisions remain fully in force.
13.2 In the event of a conflict between an agreement and these delivery terms, the agreement prevails.
Acceptance
By accepting a quotation or placing an order, the Customer declares that it is familiar with these delivery terms and agrees to them.
I-Padel, Hoornse Hop 10, 8321 WX Urk, the Netherlands
Would you like to agree additional clauses? That is possible; get in touch with us. Our general terms and conditions and the metal industry terms are available online as PDFs.
Frequently asked questions
Questions about delivery, payment and complaints
Short answers to practical questions. In case of doubt, the full text above prevails.
Can I agree different terms?
Yes, but only in writing. An agreement is concluded once we confirm your order in writing. If that agreement says something different from these terms, the agreement prevails.
Who arranges the transport of the materials?
You do, unless we agree otherwise. We deliver ex warehouse in Urk; from the moment of delivery, the risk of loss or damage is yours. You take delivery of the materials at the moment we offer them.
What do I do if delivered materials have a defect?
Inspect the materials immediately on delivery and report a defect in writing within 7 days. If the complaint is justified, we repair or replace the materials; we decide which of the two. The warranty on delivered materials runs for 12 months after delivery.
What happens in the event of force majeure?
If a circumstance beyond our control temporarily prevents us from delivering, our obligations are suspended. If this lasts longer than 3 months, both you and we may terminate the agreement, without any compensation either way.
Which law applies in the event of a dispute?
Dutch law, even if you order from abroad. A dispute is submitted to the competent court in the district where I-Padel is established, in Urk, the Netherlands.