Article 9: Delivery – deadlines – progress and performance of agreement
1. We make every effort to deliver the agreed performance/items on time, but agreed terms are never deadlines. Do we fail to meet our obligations (on time)? Then you must give us another reasonable period for performance by written notice of default.
2. If a delay occurs in the commencement, progress or completion of the commission or the agreed delivery of goods because:
a. we do not receive all necessary information from you in time;
b. we do not have timely access to (the relevant part of) your vehicle;
c. we do not receive an agreed (advance) payment from you on time;
d. there are other circumstances which are at your expense and risk;
we are entitled to a reasonable extension of the agreed period and to compensation for the costs and damage involved, such as any waiting time.
3. Do we speed up the performance of the agreement at your request? If so, we are entitled to charge you for the overtime and other costs involved.
4. The risk for goods to be delivered is transferred to you as soon as the goods leave our premises or we inform you that you can collect the goods.
5. Dispatch or transport of ordered items shall be at your expense and risk. We shall not be liable for damage related to the shipment/transport.
6. Are you a consumer? Then the risk for these items passes to you as soon as you or a third party designated by you receive the items. Will you appoint your own carrier? Then the risk passes to you upon receipt of the goods by this carrier. Dispatch or transport is at your expense.
7. We may store goods ordered or materials etc. purchased for the order at your expense and risk if we are unable to deliver the goods to you in the agreed manner, if you fail to collect these goods or if we are unable to execute/complete the order and the cause of this lies within your sphere of risk. We will give you a reasonable period of time within which you give us the opportunity to deliver the goods, complete the order or collect the goods.
8. Are you still in default of your (purchase) obligation after this reasonable period? Then you are immediately in default. We may – by a written statement addressed to you – dissolve the agreement in whole or in part and sell the ordered items/materials, etc. to third parties, without having to compensate you for any damage, interest and costs. This also does not affect our right to compensation for our (storage) costs, damage and loss of profit or our right to demand performance from you.
9. We will inform you of the consequences for agreed prices, rates and deadlines:
a. in the event of changes to an order/assignment requested by you;
b. if during the execution of the agreement it appears that we cannot execute it in the agreed manner due to unforeseen circumstances. We will consult with you about a possible changed execution. Do the aforementioned circumstances make performance impossible? Then we are in any case entitled to full compensation for the work/supplies already carried out and the costs incurred by us.
10. We will agree more and less work with you in writing. We are only bound to verbal agreements after we have confirmed them to you in writing or as soon as we have started their execution – without your objection. Additional work refers in any case to all additional work and deliveries arising at your request or necessarily from the execution of the agreement and not included in the offer/assignment. We may pass on the costs involved in this to you separately.
Article 10: Approval – acceptance of orders
1. We will inform you when we have completed the agreed work and (the relevant part of) your car is (again) ready for use.
2. The work is completed in accordance with the agreement at the time you have checked the operation of (the relevant part of) the car and signed the delivery statement or (work) receipt for approval.
3. You will also be deemed to have given your approval if:
a. we do not provide a completion statement or (work) receipt and you do not complain within 5 working days after the notification referred to in paragraph 1;
b. you immediately put (the part of) the car into use (again) without an inspection.
4. Do you engage third parties for work that (may) affect the proper use of (the relevant part of) your car? Then this is no reason for a later approval or rejection if this work has not yet been carried out/finished upon completion of our work.
5. Do you still discover faults, defects, imperfections, etc. after completion? Then the provisions of the complaints article apply.