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Terms & Conditions

1. General

  1. These general terms and conditions apply to every offer, quotation, and agreement between Glider-Equipment B.V. (the “User”) and a counterparty (the “Counterparty”), insofar as the User has declared these terms applicable, unless the parties expressly agree otherwise in writing.
  2. These terms also apply to agreements where third parties are involved in the performance thereof.
  3. These terms do not apply to agreements where the Counterparty acts as a reseller.
  4. These terms are also drafted for the benefit of the User’s employees and management.
  5. Any purchase conditions or other (general) conditions of the Counterparty are expressly rejected.
  6. If one or more provisions of these terms are wholly or partially null and void or are annulled, the remaining provisions shall remain in full force and effect. The parties shall, in consultation, agree on a replacement provision that, as far as possible, reflects the purpose of the original provision.
  7. In the event of ambiguity regarding the interpretation of one or more provisions, the interpretation shall follow the spirit and purpose of these terms.
  8. In cases not provided for by these terms, the matter shall be assessed in accordance with the spirit and purpose of these terms.
  9. If the User does not always require strict compliance with these terms, this shall not result in any loss of rights and shall not constitute a waiver of the right to require strict compliance in other cases.

2. Offers and Quotations

  1. All offers and quotations by the User are non-binding unless an acceptance period is expressly stated. An offer or quotation lapses if the relevant product is not (or is no longer) available.
  2. The User is not bound by an offer or quotation if the Counterparty could reasonably have understood that it contained an obvious mistake or clerical error.
  3. Unless stated otherwise, prices include VAT, government levies, and any ancillary costs (such as travel and accommodation, shipping, and administrative costs).
  4. An acceptance that deviates from the offer or quotation does not bind the User. Such acceptance shall be deemed a new offer.
  5. Composite quotations do not oblige the User to partial performance at a proportional part of the stated price. Offers do not automatically apply to future orders.

3. Term of the Agreement; Delivery, Performance, Changes, Price Increases

  1. Agreements are entered into for an indefinite period unless the parties expressly agree otherwise in writing.
  2. Stated delivery times are indicative only and shall never be regarded as strict deadlines. The User shall only be in default after the User has been given written notice of default and a reasonable period to still perform.
  3. The User is entitled to have work performed by third parties.
  4. The User is entitled to perform the agreement in phases and to invoice separately.
  5. The User may suspend the performance of a subsequent phase until the Counterparty has approved the results of the preceding phase in writing.
  6. The User is not obliged to commence performance until the Counterparty has provided all data required for performance in full and correctly.
  7. If, during performance, changes or additions prove necessary for proper performance, the parties may amend the agreement. This may affect scope, price and/or (delivery) timelines.
  8. A change or addition shall only be binding after written confirmation by authorised personnel of the User and written approval by the Counterparty.
  9. The User is entitled to refuse a request for change if, in its opinion, this entails qualitative and/or quantitative consequences that cannot reasonably be required.
  10. If the Counterparty fails to meet its obligations, it shall be liable for all resulting direct and indirect damage suffered by the User.
  11. The User is entitled to increase prices if this is caused, inter alia, by changes to the agreement, statutory obligations, supplier price increases, or other unforeseen circumstances beyond the User’s control.

4. Suspension, Termination, Early Cancellation

  1. The User is entitled to suspend its obligations or to terminate the agreement with immediate effect if the Counterparty fails to perform its obligations, fails to perform them on time or properly, provides insufficient security, or if performance can no longer reasonably be required from the User.
  2. The Counterparty is liable for all direct and indirect damage suffered by the User as a result of the Counterparty’s breach.
  3. Upon termination, all claims of the User against the Counterparty become immediately due and payable.
  4. Suspension or termination by the User does not constitute a default on the part of the User.
  5. If the User terminates the agreement early, it is entitled to transfer the performance (in whole or in part) to third parties. The reasonable costs involved shall be borne by the Counterparty.
  6. In the event of liquidation, (an application for) bankruptcy, suspension of payments, or attachment at the Counterparty’s side, the User is entitled to terminate the agreement with immediate effect and all claims shall become immediately due and payable.
  7. Cancellation by the Counterparty entails that goods and/or work already ordered or (pre)prepared, including related costs, will be fully charged to the Counterparty.
  8. The statutory right of withdrawal applies where legally applicable: read more.

5. Force Majeure

  1. The User is not obliged to perform any obligation if it is prevented from doing so by a circumstance that cannot be attributed to it.
  2. Force majeure also includes all external causes, foreseen or unforeseen, over which the User has no control, but which prevent the User from fulfilling its obligations.
  3. During force majeure, obligations are suspended. If the period of force majeure lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages.
  4. If, at the time force majeure occurs, the User has already partially performed its obligations, it is entitled to invoice the performed part separately.

6. Payment and Collection Costs

  1. Unless agreed otherwise in writing, payment must be made within 14 days of the invoice date.
  2. If payment is not made on time, the Counterparty is in default by operation of law. In that case, it owes interest of 1% per month, unless statutory (consumer) interest applies.
  3. Payments made by the Counterparty shall always be applied first to costs due, then to interest due, and finally to the principal and ongoing interest.
  4. The Counterparty is not entitled to designate a different allocation of payments in the event of (partial) payment.
  5. Objections to the amount of an invoice do not suspend the payment obligation.
  6. All reasonable costs incurred to obtain payment out of court, including collection costs and (legal) costs, shall be borne by the Counterparty.

7. Retention of Title

  1. All goods delivered by the User remain the property of the User until the Counterparty has fully satisfied everything it owes the User under the agreement(s).
  2. Goods subject to retention of title may not be resold, pledged, encumbered in any manner, nor used as a means of payment.
  3. The Counterparty must store the goods delivered under retention of title with due care and, where reasonably necessary, mark them as identifiable property of the User.
  4. If third parties assert rights in respect of goods delivered under retention of title, the Counterparty shall inform the User immediately.
  5. The Counterparty must adequately insure and keep insured the goods against fire, explosion, water damage and theft. Upon request, the policy and proof of premium payment shall be provided.
  6. The Counterparty grants the User (and third parties designated by the User) access to the location where the goods are stored to enable the User to exercise its ownership rights if necessary.

8. Warranty, Inspection and Complaints

  1. The delivered goods meet the normal standards of use applicable in the Netherlands. For use abroad, the Counterparty is responsible for suitability and compliance with local requirements.
  2. The warranty period is 2 years, unless agreed otherwise in writing or a different period is set by the manufacturer.
  3. The warranty becomes void in the event of improper use, improper storage, insufficient maintenance, or modification/repair by the Counterparty or third parties without prior consent.
  4. The Counterparty must inspect the goods immediately upon receipt and report any visible defects in writing within two months after discovery.
  5. Complaints do not suspend the payment obligation.
  6. In the event of late notification, the right to repair or replacement lapses, unless the nature of the defect and/or the circumstances justify otherwise.
  7. If defects reported in time are confirmed by the User, the User will, within a reasonable period, at its option, repair or replace.
  8. If a complaint proves unfounded, the costs incurred shall be borne by the Counterparty.
  9. The statutory right of withdrawal applies where legally applicable: read more.

9. Liability

  1. The User’s liability is limited to what is set out in this article.
  2. The User is not liable for damage arising from reliance on incorrect and/or incomplete information provided by the Counterparty.
  3. The User is only liable for direct damage.
  4. Direct damage is exclusively understood to mean: reasonable costs to determine the cause and extent of the damage, reasonable costs to bring defective performance into conformity with the agreement, and reasonable costs to prevent or limit damage.
  5. The User is not liable for indirect damage, consequential damage, loss of profit, missed savings, or business interruption.
  6. In all cases, the User’s liability is limited to a maximum of three times the invoice value of the relevant delivery, or, in any event, that part of the agreement to which the liability relates.
  7. To the extent damage is covered by insurance, the User’s liability is limited to the amount paid out under that insurance.
  8. The limitations in this article do not apply if the damage is the result of intent or wilful misconduct/gross negligence on the part of the User.

10. Limitation Period

  1. All claims and legal actions against the User and third parties involved in performance become time-barred after one year.
  2. Claims based on non-conformity become time-barred no later than two years after written notification to the User.

11. Transfer of Risk

  1. The risk of loss or damage transfers to the Counterparty at the moment the goods are placed under its actual power or control.

12. Indemnity

  1. The Counterparty indemnifies the User against third-party claims related to performance of the agreement, to the extent such claims are not attributable to the User.
  2. At the User’s first request, the Counterparty shall assist in the defence against such claims and shall bear all related costs.

13. Intellectual Property

  1. All intellectual property rights vest in the User (or its licensors). Knowledge acquired by the User may be used, provided that no confidential information of the Counterparty is disclosed.

14. Applicable Law and Disputes

  1. Dutch law applies to all legal relationships to which these terms apply. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  2. The parties will endeavour to resolve a dispute in mutual consultation before initiating court proceedings.

15. Filing and Amendments

  1. These terms have been filed with the Chamber of Commerce in Breda.
  2. The latest filed version applies at all times, or the version in force at the time the agreement was concluded.
  3. In the event of interpretation differences, the Dutch text prevails.