General Terms and conditions

• In these general terms and conditions, the seller is understood to mean New Aspect BV in Hengelo, and the buyer is understood to mean the party that has requested a quotation from New Aspect BV or has placed an order.
• Unless expressly agreed otherwise, these general terms and conditions apply to all offers and price quotations from the seller to the buyer, including the obligations arising therefrom.
• If one or more of the provisions are null and void or are declared invalid, the remaining provisions of these terms and conditions shall remain in full force and effect.

• The quotations prepared by New Aspect BV are without obligation and valid for 7 days, unless stated otherwise. New Aspect BV is only bound by the quotations if their acceptance is confirmed in writing by the buyer within 7 days. The prices stated in the quotation are exclusive of VAT, unless stated otherwise.

• Unless agreed otherwise, delivery takes place ex warehouse in Hengelo.
• The risk in the goods passes to the buyer upon delivery. If the goods are transported for the buyer, this transport is also at the buyer's risk.
• The buyer is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the moment they are made available to him in accordance with the agreement. If the buyer refuses to take delivery or fails to provide information or instructions necessary for the delivery, the goods will be stored at the buyer's risk. In that case, the buyer shall owe all additional costs, including in any event storage costs.
• We will endeavour as far as possible to meet the delivery times stated. However, delivery times stated shall never be regarded as time being of the essences, unless expressly agreed otherwise in writing. In the event of non-delivery, we must be given written notice of default in writing.
• If an order can only be partially fulfilled, the remainder will be recorded for subsequent delivery. The buyer will be notified of this. The buyer is then entitled to cancel the order for the part not fulfilled, provided that he notifies us thereof within 8 days of our notification. The buyer shall have no right to claim damages.
• If the goods are delivered in instalments, New Aspect BV is entitled to invoice each instalment separately.

• If a sample, model or example has been shown or provided by New Aspect BV, it is presumed to have been shown or provided merely by way of indication: the qualities of the goods to be delivered may differ from the sample, model or example, unless it was expressly stated that delivery would be in accordance with the sample, model or example shown or provided.

• New Aspect BV's claims against the buyer are immediately due and payable in the following cases:

1. If, after the conclusion of the agreement, circumstances come to the knowledge of New Aspect BV which give New Aspect BV good reason to fear that the buyer will not fulfil his obligations;
2. If New Aspect BV, upon concluding the agreement, requested the buyer to provide security for performance and this security is not provided or is insufficient. In the aforementioned cases, New Aspect BV is entitled to suspend the further performance of the agreement or to dissolve the agreement, all without prejudice to New Aspect BV's right to claim damages.

• New Aspect BV warrants that the goods it delivers are free from design, material and manufacturing defects for a period of 3 months after delivery, unless agreed otherwise.
• If the goods exhibit a design, material or manufacturing defect, the buyer is entitled to have the goods repaired. The seller may choose to replace the goods if repair is not reasonably possible or would involve disproportionate costs. The buyer is only entitled to replacement if repair of the goods is not possible.
• The warranty does not apply if the damage is the result of improper handling. Improper handling is understood to include, among other things: exposing the goods to electrical voltages higher than usual for these goods; rough handling; use at temperatures above 35 degrees Celsius.

• The buyer must (have) the purchased goods inspected upon delivery – or as soon as possible thereafter. In doing so, the buyer must check whether the delivery conforms to the agreement, namely: whether the correct goods have been delivered;
• whether the goods delivered correspond in quantity to what was agreed;
• whether the goods delivered meet the agreed quality requirements or – if these are absent – the requirements that may be set for normal use and/or commercial purposes.
• If visible defects or shortages are found, the buyer must report these to New Aspect BV in writing within 7 days of delivery.
• The buyer must report non-visible defects to New Aspect B.V. in writing within 7 days of discovery, but no later than within 3 months of delivery.
• Even if the buyer complains in good time, his obligation to pay for and take delivery of orders placed remains in effect. Goods may only be returned to New Aspect BV after prior written consent.

• If New Aspect BV agrees a certain price with the buyer, New Aspect BV is nevertheless entitled to increase the price:
• New Aspect BV may charge the price applicable at the time of delivery according to its price list applicable at that time.
• If the price increase exceeds 20%, the buyer has the right to dissolve the agreement.

• Without prejudice to the warranty provisions, we exclude any further liability towards the buyer for all damage, arising on whatever ground, including all direct and indirect damage, such as consequential damage or business losses, except for liability for damage caused by intent or gross negligence on our part or on the part of our employees and/or agents, contractors or other persons engaged by us.
• If and insofar as any liability should rest with us, on whatever ground, this liability is at all times limited to three times the invoice amount, with a maximum of €1,000.00 per claim or related series of events.

• Unless expressly agreed otherwise, our invoices must be paid no later than 7 days after the invoice date and without any deduction, set-off or compensation, into the bank account of New Aspect BV stated on the invoice. This payment term is to be regarded as a time being of the essence. After the expiry of 7 days following the invoice date, the buyer is in default: from the moment of default, the buyer owes interest on the amount due of 3% per month or part of a month, whereby part of a month counts as a full month.
• New Aspect BV is entitled at all times to demand cash payment, payment in advance or security for payment of the amount due.
• Payments made by the buyer always serve first to settle all interest and costs due and then the due invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.
• If the buyer is in default or fails to fulfil one or more of his obligations, all reasonable costs of obtaining payment out of court shall be borne by the buyer. In any event, the buyer owes: collection costs of 15% of the amount of the overdue payment.
• In the event of the buyer's liquidation, bankruptcy or suspension of payment, the buyer's obligations shall be immediately due and payable.

• Title to all products sold by New Aspect BV remains with New Aspect BV for as long as the buyer has not fulfilled his payment obligations under the agreement or similar agreements, for as long as the buyer has not yet paid for the work performed or still to be performed under the agreement, and for as long as the buyer has not settled New Aspect BV's claims due to a failure to perform such an obligation, including claims in respect of penalties, interest and costs.
• In addition to the retention of title referred to in Article 11.1, the buyer undertakes, at New Aspect BV's first request to that effect, to reserve and, insofar as necessary, to establish a non-possessory pledge over the goods supplied by us to the buyer to the buyer, as security for all existing and future claims of New Aspect BV on whatever ground.
• The buyer is fully liable for the goods delivered under retention of title and shall keep them with due care and as identifiable property of New Aspect BV.
• As long as title to the delivered products has not passed to the buyer, the buyer may not pledge the product to a third party or grant any other right to it. The buyer is permitted to sell and transfer the products delivered under retention of title to third parties within the framework of the normal conduct of his business.
• If the buyer fails to fulfil his payment obligations towards New Aspect BV, or New Aspect BV has good reason to believe that he will fail to fulfil those obligations, New Aspect BV is entitled to take back the products delivered under retention of title without any written notice of default or judicial intervention being required. The buyer is obliged to grant New Aspect BV, or a third party designated by New Aspect BV, access to the places where the products delivered under retention of title are located.
• If third parties wish to establish or assert any right to the products delivered under retention of title, the buyer is obliged to notify New Aspect BV as soon as may reasonably be expected.

• Force majeure is understood to mean circumstances that prevent the performance of the obligation and that cannot be attributed to New Aspect BV. This shall also include (if and insofar as these circumstances make performance impossible or unreasonably difficult): strikes in companies other than those of New Aspect BV, wildcat strikes or political strikes within New Aspect BV's company; a general shortage of required raw materials and other goods or services necessary to bring about the agreed performance; unforeseeable disruptions or delays affecting suppliers and other third parties on which New Aspect BV is dependent, and general transport problems.
• New Aspect BV also has the right to invoke force majeure if the circumstance preventing (further) performance arises after New Aspect BV should have performed its obligation.
• During force majeure, New Aspect BV's delivery and other obligations are suspended. If the period during which performance of the obligations by New Aspect BV is impossible due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the agreement, without any obligation to pay damages arising in that case.
• If New Aspect BV has already partially fulfilled its obligations when the force majeure occurs, or can fulfil its obligations only partially, New Aspect BV is entitled to invoice the part already delivered or the deliverable part separately, and the buyer is obliged to pay this invoice as if it concerned a separate contract.

• Dutch law applies to agreements between New Aspect BV and the buyer.

• Disputes that cannot be settled amicably between New Aspect BV and the buyer shall be submitted to the competent court in the district where New Aspect BV has its registered office.

• The promotions on this website and in related communications are offered by New Aspect B.V.
• The promotions apply to specific purchases made in the webshop of New Aspect B.V.
• When a promotional product is purchased online, the discount is automatically applied in the shopping cart.
• The promotion period is stated with the specific product on the website of New Aspect B.V. or in related communications. The promotions apply exclusively to purchases made during the relevant promotion period.
• A promotion is not valid in combination with other offers. Customers who benefit from a particular discount are excluded from other promotions.
• New Aspect B.V. reserves the right to change or terminate promotions prematurely without prior notice and without stating reasons. This has no consequences for purchases made before the withdrawal or amendment of the promotion.
• New Aspect B.V. is not liable for any typing or printing errors.
• Customers who demonstrably misuse the promotions may be excluded. In addition, any discount granted unjustly may be reclaimed.
• Dutch law applies exclusively to the promotions.
• No rights can be derived from the promotions.

Questions, complaints or comments about these promotion terms and conditions can be submitted via  085-0656888 or [email protected].

By taking advantage of our promotions, the customer agrees to the above promotional terms and conditions.