Terms and Conditions
General terms and conditions of sale and delivery of ECUPlaza.
1. Applicability
1.a These conditions apply to every offer, quotation and agreement from ECUPlaza, insofar as the parties have not expressly deviated from these conditions in writing.
1.b These terms and conditions also apply to all agreements with the contractor, for the execution of which third parties must be involved.
1.c Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
1.d The applicability of any purchasing or other conditions of the client is expressly rejected.
1.e If one or more of the provisions in these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain fully applicable. The contractor and client will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provision will be taken into account as much as possible.
2. Offers
2.a All offers from ECUPlaza are without obligation and ECUPlaza expressly reserves the right to change prices, in particular when this is necessary based on (legal) regulations.
2.b An agreement is only concluded after acceptance of an order by ECUPlaza. ECUPlaza is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, ECUPlaza will notify this within ten (10) working days of receipt of the order.
2.c Offers or quotations do not automatically apply to future assignments.
3. Prices and payments
3.a The prices stated for the products and services offered are in euros, excluding shipping costs, deposits and any taxes or other levies, unless stated otherwise or agreed in writing.
3.b Unless otherwise agreed, payment is made in cash.
3.c If payment is made after a reminder from ECUPlaza, you will owe an amount of 3% of the principal amount in administration costs and if ECUPlaza outsources its claim for collection, you will also owe the collection costs.
3.d If the buyer is in default of any payment, ECUPlaza is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.e Unless otherwise stated, prices apply ex works or warehouse of the seller.
3.f If payment is not made in cash, payment must in any case be made within 14 days after the invoice date, in a manner to be specified by the contractor in the currency in which the invoice was declared. Objections to the amount of the invoices do not suspend the payment obligation.
3.g In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the contractor’s claims on the client are immediately due and payable.
4. Delivery
4.a The buyer is obliged to purchase, unless ECUPlaza has no reasonable interest in this.
4.b The risk of the sold goods transfers when the goods are ready for delivery or shipment.
4.c Transport of products to the buyer is entirely at the expense and risk of the buyer.
4.d Delivery times are determined in consultation and approximately by ECUPlaza. Delivery times can never be regarded as a deadline. The delivery time commences upon oral and written order confirmation.
4.e In the event of late delivery, ECUPlaza is not liable for damage suffered by the buyer due to late delivery, unless the buyer has given ECUPlaza written notice of default, whereby the buyer must grant ECUPlaza a period of at least ten (10 ) working days to still meet its obligations.
4.f In the event of late delivery, the additional costs of replacement transport will not be reimbursed by ECUPlaza.
4.g 24-hour delivery takes place if the product is in stock and when it is ordered before a specific time.
5. Guarantee
5.a ECUPlaza gives a 1-year warranty on the repair unless otherwise agreed before sale. The original purchase invoice serves as proof of warranty. Disassembly and installation costs are not included. This warranty is not transferable, so the warranty is for only the person or company stated on the invoice (warranty proof). For all warranty cases, the invoice must be submitted to ECUPlaza.
5.b The buyer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, ECUPlaza must notify this in writing and with reasons as soon as possible and in any case within seven (7) working days after delivery, or at least after observation was reasonably possible.
5.c If it has been demonstrated that the products do not comply with the agreement, ECUPlaza has the choice to replace the products in question with new products upon return or to refund the invoice value.
5.e If the buyer does not wish to purchase a product for any reason, the buyer has the right to return the product to ECUPlaza within seven (7) working days after delivery. In this case, returns will only be accepted if the product is undamaged and unused, whereby the shipping costs will also be borne by the customer, as well as a reimbursement of administration costs of 25% of the original purchase amount.
5.f The warranty expires if the defects have been caused by external factors and/or repairs have been attempted by third parties.
6. Use of the product
6.a The buyer must use the delivered product in accordance with its nature and purpose and in compliance with all legal instructions for use and instructions for use and installation instructions prescribed by ECUPlaza. Disassembly and assembly of the product may only be carried out by professional, qualified persons.
6.b If the buyer does not use the delivered product in accordance with the provisions of paragraph 1 of this article and the customer holds ECUPlaza liable for damage suffered in connection with the use of the delivered product and not from the use other than in accordance with paragraph 1 of this article this article.
6.c Without prejudice to the provisions of Article 7 and paragraph 2 of this article, ECUPlaza is never liable for personal injury if the buyer has acted contrary to the provisions of paragraph 1 of this article. To the extent permitted by law, the buyer must indemnify ECUPlaza against claims from employees or other third parties, in particular customers, if they have not taken note of the instructions for use arising from paragraph 1 of this article.
7. Retention of title
7.a All goods delivered by ECUPlaza remain the property of ECUPlaza until the client has fulfilled all the following obligations under all agreements concluded with ECUPlaza.
7.b The client is not authorized to pledge or encumber in any way the items falling under the retention of title.
7.c If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the client is obliged to inform ECUPlaza of this as soon as can reasonably be expected.
7.d Goods delivered by the contractor, which are subject to retention of title pursuant to the provisions of 1. of this article, may only be resold in the context of normal business operations and may never be used as a means of payment.
7.e In the event that the contractor wishes to exercise its ownership rights referred to in this article, the client now gives unconditional and irrevocable permission to ECUPlaza or third parties to be designated by it to enter all those places where the contractor’s property is located. and take those things back.
8. Liability
8.a For damage arising from or in connection with deliveries for which ECUPlaza can be held legally liable, unless mandatory legal provisions provide otherwise, ECUPlaza’s liability does not exceed the invoice amount.
8.b Damage, insofar as it consists of lost profit or reduced revenue and all other indirect damage or consequential damage, such as business damage, additional costs of replacement transport or any compensation or penalty owed by the buyer to third parties, is under no circumstances eligible for compensation, except mandatory provisions to the contrary.
8.c Under penalty of forfeiture of the right to compensation, ECUPlaza will provide all desired cooperation in the investigation into the cause, nature and extent of the damage for which compensation is claimed.
9. Force Majer
9.a If ECUPlaza fails in whole or in part to fulfill its obligation to the buyer, this failure cannot be attributed to ECUPlaza if ECUPlaza makes the execution of the agreement difficult or. is made impossible by a circumstance – whether foreseeable or not – that is beyond the control of, such as, but not limited to: – shortcomings by suppliers/transporters;
– war, riot or similar situations;
– sabotage, boycott, strike or occupation;
– machine damage;
– theft from the warehouses;
– business disturbances;
– government measures;
– bad weather;
– lightning strike;
– fire.
9.b If a situation referred to in paragraph 1 of this article occurs, to the extent permitted by law, ECUPlaza is not liable for any damage resulting therefrom for the buyer and ECUPlaza may, at its own discretion, refuse to fulfill its obligations. suspend or dissolve the agreement in whole or in part without legal intervention and without being liable for any compensation.
10. Miscellaneous
10.a ECUPlaza can never provide a 100% definitive answer to a correct diagnosis of the problem when repairing a product. Not all problems repeat themselves in the time that ECUPlaza is looking for the problem, and not all external influences such as vibrations and weather conditions can be simulated.
10.b If a product is offered for repair and no error or defect is found after extensive diagnosis, ECUPlaza will charge the buyer 35 Euro in testing and administration costs. Here too, a 100% definitive answer is not possible (see 10.a).
10.c Personal and company data are processed discreetly by ECUPlaza. ECUPlaza does not provide data to third parties without a lawful reason, or outside the purpose of its processing, that could endanger the buyer’s privacy.
10.d Cancellation by the buyer is only possible if ECUPlaza agrees. If the buyer wishes to return an unused part, this is only possible within 14 days of receipt of the goods. The part must be undamaged and unused and a maximum of 75% of the purchase price will be refunded. The costs incurred by the buyer are compensation for administration costs and retesting the product, so that we can continue to guarantee the quality of the returned products.
11. Complaints
11.a In the event of a dispute, Dutch law applies, unless ECUPlaza expressly opts for the law where the buyer is established; insofar as not in conflict with European law. The court in the place of business of ECUPlaza has jurisdiction, ECUPlaza is free to submit the dispute to the court that has jurisdiction under the rules of the applicable procedural law.
If you have any complaints, you can submit them in writing to the address below:
WilsonTech
Standard Rider 21-3
3905 PT Veenendaal
Submitting a complaint does not release the buyer from his payment obligation under any circumstances.