{"id":2,"date":"2023-05-30T13:03:00","date_gmt":"2023-05-30T12:03:00","guid":{"rendered":"http:\/\/nlaluminium.com\/?page_id=2"},"modified":"2025-02-08T16:32:02","modified_gmt":"2025-02-08T16:32:02","slug":"general-tearms-and-conditions","status":"publish","type":"page","link":"https:\/\/nlaluminium.com\/index.php\/general-tearms-and-conditions\/","title":{"rendered":"GENERAL TERMS AND CONDITIONS NL ALUMINIUM"},"content":{"rendered":"\t\t
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<\/p>\n

1. Definitions<\/p>\n

1.1. In these General Terms and Conditions, the following terms, always written with a capital letter and<\/p>\n

used in the singular and plural, shall have the following meaning:<\/p>\n

a) Agreement: any agreement between NL ALUMINIUM and the Customer.<\/p>\n

b) Business Customer: a Customer who is not a Consumer.<\/p>\n

c) Consumer: the natural person who is not acting for purposes related to his trade, craft, business or<\/p>\n

profession and who has entered into the Agreement with NL ALUMINIUM.<\/p>\n

d) Customer: the natural or legal person who has concluded the Agreement with NL ALUMINIUM,<\/p>\n

regardless of whether he is a Consumer or a Business Customer.<\/p>\n

e) Distance Agreement: the agreement concluded between NL ALUMINIUM and Consumer within the<\/p>\n

framework of an organized system for distance selling or service provision without simultaneous<\/p>\n

personal presence of NL ALUMINIUM and Consumer and whereby, up to and including the moment at<\/p>\n

which the agreement is concluded, exclusive use is made of one or more means of distance<\/p>\n

communication.<\/p>\n

f) General Terms and Conditions: the present general terms and conditions of sale of NL ALUMINIUM.<\/p>\n

g) Intellectual Property Rights: all intellectual property rights and related rights, including but not limited<\/p>\n

to: copyrights, trade secrets, database rights, domain name rights, trade name rights, trademark rights,<\/p>\n

design rights, neighboring rights, patent rights and rights to know-how.<\/p>\n

h) Offer: the offer that NL ALUMINIUM makes or has made to Customer for the supply of products<\/p>\n

and\/or services by NL ALUMINIUM, whether or not on the Website and\/or in the form of a (written)<\/p>\n

quotation.<\/p>\n

i) Party\/Parties: Customer and\/or NL ALUMINIUM.<\/p>\n

j) Right of Withdrawal: the possibility of a consumer to rescind the Distance Agreement within the<\/p>\n

Withdrawal Period without giving reasons.<\/p>\n

k) NL ALUMINIUM: the sole proprietorship company NL ALUMINIUM, established at Sint Janskruidlaan<\/p>\n

368 (1187 ED) in Amstelveen, registered in the trade register of the Dutch Chamber of Commerce under<\/p>\n

Chamber of Commerce number 87880881.<\/p>\n

l) Website: the online environment on which products are offered by NL ALUMINIUM and\/or third<\/p>\n

parties, available at https:\/\/nlaluminium.com\/.<\/p>\n

\u00a0<\/p>\n

m) Withdrawal Period: the period within which the Consumer can make use of his\/her Right of<\/p>\n

Withdrawal.<\/p>\n

\u00a0<\/p>\n

2. Identity and contact details of NL ALUMINIUM<\/p>\n

2.1. NL ALUMINIUM can be reached via the following contact details:<\/p>\n

NL ALUMINIUM<\/p>\n

Sint Janskruidlaan 368<\/p>\n

1187 ED Amstelveen<\/p>\n

The Netherlands<\/p>\n

Phone: +31 (0) 6 4800 7415<\/p>\n

E-mail: nl13aluminium@gmail.com<\/p>\n

Dutch Chamber of Commerce-number: 87880881<\/p>\n

\u00a0<\/p>\n

3. Applicability<\/p>\n

3.1. These General Terms and Conditions have been drawn up in Dutch and have been translated into<\/p>\n

another languages. In the event of a dispute between different versions of the General Terms and<\/p>\n

Conditions, the Dutch version shall prevail and must be interpreted in accordance with the laws and<\/p>\n

regulations of the Netherlands.<\/p>\n

3.2. These General Terms and Conditions apply to the Offer, every Distance Agreement, the delivery of<\/p>\n

products and\/or services by NL ALUMINIUM and the performance of (other) (legal) acts between<\/p>\n

Parties. Each Offer is made by NL ALUMINIUM under applicability of these General Terms and<\/p>\n

Conditions.<\/p>\n

3.3. Customer declares that the General Terms and Conditions have been made available to him, that he<\/p>\n

has taken note of them and that he agrees with them.<\/p>\n

3.4. These General Terms and Conditions contain a number of specific deviating stipulations with regard<\/p>\n

to Consumers. For the rest, these General Terms and Conditions apply to Consumers if and insofar as<\/p>\n

they are not contrary to any mandatory statutory provision.<\/p>\n

3.5. Any conditions of the Customer, such as general conditions or purchasing conditions do not apply<\/p>\n

and are expressly rejected.<\/p>\n

3.6. If one or more of the provisions in the Offer, the Agreement and\/or the General Terms and<\/p>\n

Conditions are invalid, contrary to the law and\/or unenforceable, this shall not affect the validity of the<\/p>\n

\u00a0<\/p>\n

other provisions. In such a case, the Parties will negotiate in proper consultation about a new provision<\/p>\n

to replace the invalid or unenforceable provision, which will have the same purport as the invalid or<\/p>\n

unenforceable provision as much as possible.<\/p>\n

3.7. A deviation from these General Terms and Conditions is only valid if it has been agreed in writing.<\/p>\n

Any verbal promises and agreements have no effect unless they have been confirmed in writing by NL<\/p>\n

ALUMINIUM.<\/p>\n

\u00a0<\/p>\n

4. The Offer and the conclusion of the Agreement<\/p>\n

4.1. NL ALUMINIUM will make an Offer to the Customer that includes which products and\/or services<\/p>\n

are offered and the fee payable by the Customer upon acceptance of the Offer.<\/p>\n

4.2. The Offer is non-binding and does not bind the Customer to anything. NL ALUMINIUM reserves the<\/p>\n

right to adjust or change the Offer at any time.<\/p>\n

4.3. If an Offer has been made in a (written) quotation, the Offer will be valid for a period of 14<\/p>\n

(fourteen) days after the date of dispatch by NL ALUMINIUM, unless stated otherwise in the Offer. An<\/p>\n

Offer on the Website is only valid during the time that this Offer is mentioned on the Website.<\/p>\n

4.4. The description of the products and\/or services in the Offer is binding. NL ALUMINIUM is not bound<\/p>\n

by any deviating answer from the Customer, even if this answer only differs from the Offer in minor<\/p>\n

points.<\/p>\n

4.5. The Offer may be based on information provided by the Customer. In that case, if this information<\/p>\n

turns out to be incorrect, NL ALUMINIUM is entitled to adjust the Offer and\/or the fees due to the<\/p>\n

correct information, even after the Agreement already has been concluded.<\/p>\n

4.6. The Agreement is concluded as soon as the Offer is accepted. The Offer is deemed to be accepted as<\/p>\n

soon as Customer agrees with the Offer, or if NL ALUMINIUM can reasonably regard Customer&#39;s<\/p>\n

behavior as (an impression of) (raised) acceptance.<\/p>\n

4.7. NL ALUMINIUM cannot be held to the Offer if Customer can reasonably understand that the Offer,<\/p>\n

or a part thereof, contains an obvious mistake or error.<\/p>\n

4.8. NL ALUMINIUM cannot guarantee that the colors shown on the Website correspond exactly to the<\/p>\n

actual color of products.<\/p>\n

\u00a0<\/p>\n

5. The (performance of the) Agreement<\/p>\n

5.1. Every Agreement is entered into under the condition precedent of sufficient availability of products<\/p>\n

and materials.<\/p>\n

\u00a0<\/p>\n

5.2. NL ALUMINIUM will make commercially reasonable efforts to perform the Agreement for the<\/p>\n

benefit of the Customer.<\/p>\n

5.3. All activities performed by NL ALUMINIUM are based on a best-efforts obligation.<\/p>\n

5.4. Customer recognizes that the fulfilment of the Agreement also depends on his cooperation with<\/p>\n

NL ALUMINIUM. Customer therefore provides all required cooperation to enable a timely and correct<\/p>\n

performance of the Agreement by NL ALUMINIUM. In particular, this means that Customer will correctly<\/p>\n

and timely provide all data and information that NL ALUMINIUM indicates are necessary or desired, or<\/p>\n

that Customer should reasonably understand are necessary for the performance of the Agreement, and<\/p>\n

that Customer will cooperate in a timely manner. If Customer fails to provide the necessary or desired<\/p>\n

data and information and \/ or cooperation, then NL ALUMINIUM is not responsible for the<\/p>\n

consequences and is not liable.<\/p>\n

5.5. In the performance of the Agreement, NL ALUMINIUM is not obliged to follow instructions and\/or<\/p>\n

directions of Customer, especially if these instructions and\/or directions change the content and\/or<\/p>\n

scope of the Agreement or if the Agreement is supplemented. Insofar as NL ALUMINIUM chooses to<\/p>\n

follow these instructions and\/or directions, it is entitled to charge a fee for this in consultation with<\/p>\n

Customer.<\/p>\n

5.6. Customer acknowledges and agrees that NL ALUMINIUM, in the context of performing the<\/p>\n

Agreement, may also be dependent on the services and\/or goods of third parties. To the extent<\/p>\n

permitted by mandatory law, NL ALUMINIUM is not liable for (the use of) the services and\/or items of<\/p>\n

third parties.<\/p>\n

5.7. Time periods mentioned by NL ALUMINIUM regarding the performance of the Agreement and\/or its<\/p>\n

completion are always of an indicative nature. These periods are never strict periods. If a period is<\/p>\n

exceeded, NL ALUMINIUM will only be in default if Customer sends a notice of default to<\/p>\n

NLALUMINIUM, granting NL ALUMINIUM a reasonable period of time to comply.<\/p>\n

5.8. NL ALUMINIUM is at all times entitled to engage one or more third parties for the (performance of<\/p>\n

the) Agreement.<\/p>\n

\u00a0<\/p>\n

6. Delivery<\/p>\n

6.1. NL ALUMINIUM makes commercially reasonable efforts to deliver the products to Customer in<\/p>\n

accordance with the Agreement.<\/p>\n

6.2. The place of delivery is the address that Customer has informed NL ALUMINIUM of before delivery.<\/p>\n

The delivery costs are stated in the Offer. If Customer desires delivery to an address other than the<\/p>\n

address initially communicated to NL ALUMINIUM, NL ALUMINIUM is entitled to charge Customer<\/p>\n

additional costs for this.<\/p>\n

\u00a0<\/p>\n

6.3. NL ALUMINIUM makes commercially reasonable efforts to deliver the products to Customer within<\/p>\n

the agreed delivery time.<\/p>\n

6.4. All delivery periods are indicative. Customer cannot derive any rights from any delivery dates<\/p>\n

mentioned. Exceeding a delivery period does not give the Customer the right to rescind the Agreement<\/p>\n

and\/or to claim damages.<\/p>\n

6.5. If delivery of an ordered product turns out to be impossible, NL ALUMINIUM will make commercially<\/p>\n

reasonable efforts to deliver a replacement product to the Customer.<\/p>\n

6.6. NL ALUMINIUM and\/or a third party engaged by it delivers the products on a suitable transport unit,<\/p>\n

such as a package, a frame or a pallet.<\/p>\n

6.7. If a product is delivered on a steel frame, the frame is and remains the property of NL ALUMINIUM<\/p>\n

or of the third party engaged by it. It is the responsibility of Customer that this frame is in a place where<\/p>\n

the carrier can take it back with a forklift. In addition, Customer is obliged to report the frame for return<\/p>\n

within 14 (fourteen) days after delivery in the manner indicated by NL ALUMINIUM. If Customer fails to<\/p>\n

report the frame for return on time, NL ALUMINIUM is entitled to charge Customer for costs \u2013 up to a<\/p>\n

maximum of the frame value \u2013 without prejudice to the other legal and\/or contractual rights of NL<\/p>\n

ALUMINIUM.<\/p>\n

6.8. In a delivery where only glass is delivered to Customer, this is delivered on a glass frame. This glass<\/p>\n

frame is and remains the property of NL ALUMINIUM or a third party engaged by it. Customer is obliged<\/p>\n

to report the glass frame within 30 (thirty) days after delivery for return in the manner indicated by NL<\/p>\n

ALUMINIUM and\/or the third party engaged by it. If Customer fails to report the glass frame for return<\/p>\n

on time, NL ALUMINIUM is entitled to charge Customer rental costs amounting to \u20ac 50.00 per day, with<\/p>\n

a maximum of the glass frame value, without prejudice to the other legal and\/or contractual rights of NL<\/p>\n

ALUMINIUM and\/or the third party engaged by it.<\/p>\n

6.9. The risk of loss, theft, embezzlement or damage of the delivered products passes to Customer at the<\/p>\n

moment they are brought under the actual control of Customer or an assistant of Customer, or at the<\/p>\n

moment the products are not accepted by Customer without legal reason. In the latter case, NL<\/p>\n

ALUMINIUM can claim reasonable compensation for the costs of storage of the products.<\/p>\n

\u00a0<\/p>\n

7. Consumer&#39;s Right of Withdrawal on delivery of products<\/p>\n

7.1. The Consumer may rescind a Distance Agreement for the delivery of a product within a Withdrawal<\/p>\n

Period of fourteen (14) days without giving reasons. NL ALUMINIUM may ask the Consumer to state the<\/p>\n

reason for rescission, but the Consumer is not obliged to do so.<\/p>\n

7.2. The Withdrawal Period, as referred to in the previous paragraph, commences on the day after:<\/p>\n

\u2022 the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,<\/p>\n

\u00a0<\/p>\n

has received the product;<\/p>\n

\u2022 the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,<\/p>\n

has received the last product if the Consumer has ordered multiple products that will be delivered<\/p>\n

separately in the same order;<\/p>\n

\u2022 the day on which the Consumer or a third party designated by the Consumer, who is not the carrier,<\/p>\n

has received the last shipment or the last part if the delivery of a product consists of several<\/p>\n

shipments or parts; or<\/p>\n

\u2022 the day on which the Consumer or a third party designated by the Consumer and which is not the<\/p>\n

carrier has received the first product for an agreement that involves the regular supply of products<\/p>\n

during a certain period.<\/p>\n

\u00a0<\/p>\n

8. Consumer&#39;s Right of Withdrawal in the provision of services<\/p>\n

8.1. The Consumer may rescind a Distance Agreement for the provision of a service up to fourteen (14)<\/p>\n

days after the day on which the Distance Agreement was concluded, without giving reasons. NL<\/p>\n

ALUMINIUM may ask the Consumer to state the reason for rescission, but the Consumer is not obliged<\/p>\n

to do so.<\/p>\n

\u00a0<\/p>\n

9. Obligations of the Parties under the Right of Withdrawal<\/p>\n

9.1. During the Withdrawal Period, the Consumer shall handle the product and its packaging with care.<\/p>\n

The Consumer shall only unpack or use the product to the extent necessary to determine the nature,<\/p>\n

characteristics and operation of the product. The starting point here is that the Consumer may only<\/p>\n

handle and inspect the product as he would be allowed to do in a shop.<\/p>\n

9.2. The costs of returning a product under the Right of Withdrawal will be borne by the Consumer.<\/p>\n

9.3. If the Consumer makes use of the Right of Withdrawal, NL ALUMINIUM will reimburse all payments<\/p>\n

received of the Consumer, including any delivery costs charged by NL ALUMINIUM for the returned<\/p>\n

product. The delivery costs charged by NL ALUMINIUM will not be refunded to Consumer if the returned<\/p>\n

product is part of an order with multiple products and not all products are returned. If Consumer has<\/p>\n

chosen a more expensive method of delivery of the product than the cheapest standard delivery, then<\/p>\n

NL ALUMINIUM is only obliged to reimburse the amount for the cheapest standard delivery.<\/p>\n

9.4. NL ALUMINIUM uses for reimbursement the same means of payment that Consumer has used<\/p>\n

during the initial transaction, unless Consumer agrees to the use of a different means of payment.<\/p>\n

\u00a0<\/p>\n

10. Exclusions of the Right of Withdrawal<\/p>\n

10.1. Excluded from the Right of Withdrawal are Distance Agreements:<\/p>\n

a) concerning products or services of which the price is linked to fluctuations on the financial market<\/p>\n

over which NL ALUMINIUM has no influence and which can occur within the Withdrawal Period;<\/p>\n

b) whereby the Consumer has specifically requested NL ALUMINIUM to visit him in order to carry out<\/p>\n

urgent repairs or maintenance, with the exception of:<\/p>\n

\u25cf additional services that were not specifically requested by the Consumer;<\/p>\n

\u25cf the delivery of products other than those that are necessary to carry out the maintenance or repairs;<\/p>\n

c) with regard to products that are manufactured according to specifications of Consumer, that are not<\/p>\n

prefabricated and that are manufactured on the basis of an individual choice or decision of Consumer,<\/p>\n

or that are clearly intended for a specific person;<\/p>\n

d) with regard to products that after delivery by their nature are irrevocably mixed with other items;<\/p>\n

e) with regard to products that after delivery have been assembled, installed or otherwise put into<\/p>\n

operation by the Consumer, NL ALUMINIUM and\/or a third party;<\/p>\n

f) regarding products that are not suitable to be returned for reasons of health protection or hygiene<\/p>\n

and of which the seal has been broken after delivery;<\/p>\n

g) with regard to the provision of services, after performance of the agreement, if the performance has<\/p>\n

started with the explicit prior consent of Consumer and Consumer has declared to waive his Right of<\/p>\n

Withdrawal as soon as NL ALUMINIUM has fulfilled the agreement.<\/p>\n

\u00a0<\/p>\n

11. Returns<\/p>\n

11.1. NL ALUMINIUM will not take back any products, unless a Consumer can appeal to his Right of<\/p>\n

Withdrawal.<\/p>\n

11.2. The provisions of this article do not affect any claims based on (manufacturer&#39;s) guarantees or non-<\/p>\n

conformity.<\/p>\n

11.3. Return shipments of products by or on behalf of Customer will only take place after prior written<\/p>\n

consent of NL ALUMINIUM and stating a return number issued by NL ALUMINIUM. Customer is<\/p>\n

responsible for carefully returning products. Any costs for packaging and\/or return will be borne by<\/p>\n

Customer. The risk of loss, theft, embezzlement or damage of the returned products is transferred to NL<\/p>\n

\u00a0<\/p>\n

ALUMINIUM at the moment that NL ALUMINIUM has confirmed receipt of the products in writing. Until<\/p>\n

that moment the risk remains with Customer.<\/p>\n

\u00a0<\/p>\n

12. Payment and price<\/p>\n

12.1. All prices quoted by NL ALUMINIUM are in euros and exclude turnover tax (VAT), unless explicitly<\/p>\n

stated otherwise.<\/p>\n

12.2. Unless otherwise agreed, Customer must pay the full purchase amount in advance into the bank<\/p>\n

account of NL ALUMINIUM or in any other manner specified by NL ALUMINIUM.<\/p>\n

12.3. The reference date for the level of wage costs, material prices and taxes etc. is the date of the<\/p>\n

Offer.<\/p>\n

12.4. The consequences of compliance with legal requirements and governmental decrees, which come<\/p>\n

into force after the day on which NL ALUMINIUM has made the Offer, will be at the expense of the<\/p>\n

Customer, unless it must be reasonably assumed that NL ALUMINIUM could have foreseen these<\/p>\n

consequences on that day.<\/p>\n

12.5. NL ALUMINIUM is not bound by printing and\/or typesetting errors or obvious mistakes in the<\/p>\n

Offer, including but not limited to prices. In such a case, NL ALUMINIUM is also not obliged to deliver the<\/p>\n

product under the incorrect conditions.<\/p>\n

12.6. Customer is responsible for the accuracy of the payment details provided by him to NL<\/p>\n

ALUMINIUM. Customer will immediately report inaccuracies or inadequacies in the payment details<\/p>\n

provided by him or mentioned by NL ALUMINIUM.<\/p>\n

12.7. If Customer does not meet his payment obligation(s) in time, after NL ALUMINIUM or a third party<\/p>\n

engaged by it has pointed out the late payment and Customer is granted a period of fourteen (14) days<\/p>\n

to meet his payment obligations as yet, he is in default after the failure to pay within this 14-day period.<\/p>\n

In that case, Customer shall owe the statutory interest on the amount owed and NL ALUMINIUM shall<\/p>\n

be entitled to charge the extrajudicial collection costs to Customer. The extrajudicial collection costs will<\/p>\n

be calculated in accordance with the Dutch \u201cStaffel buitengerechtelijke incassokosten\u201d (BIK, extrajudicial<\/p>\n

collection costs).<\/p>\n

12.8. In case of liquidation, (application of) suspension of payment or bankruptcy, debt restructuring or<\/p>\n

any other circumstance as a result of which a Party can no longer freely dispose of its assets, The other<\/p>\n

Party is entitled, without prejudice to its other contractual and\/or statutory rights, to terminate the<\/p>\n

Agreement with immediate effect, without any obligation resting on the terminating Party, such as the<\/p>\n

obligation to pay compensation. In these cases, the claims of the terminating Party on the other Party<\/p>\n

are immediately due and payable in full.<\/p>\n

12.9. Changes or additions to an Agreement that has already been concluded will result in a change to<\/p>\n

the agreed price, unless Parties agree otherwise in writing.<\/p>\n

\u00a0<\/p>\n

13. Conformity, inspection duty and warranty<\/p>\n

13.1. The products will comply with the Agreement and the quality of the products will meet the (legal)<\/p>\n

regulations and quality requirements as they apply to the products and\/or materials concerned on the<\/p>\n

date of the Offer.<\/p>\n

13.2. NL ALUMINIUM is not responsible for the ultimate suitability of products for individual application<\/p>\n

by Customer or any advice on the Website or the Offer from NL ALUMINIUM regarding the application<\/p>\n

or use of products.<\/p>\n

13.3. Products are covered by the (manufacturer&#39;s) warranty as stated on the Website of NL<\/p>\n

ALUMINIUM or in the Offer of NL ALUMINIUM.<\/p>\n

13.4. Customer must check the products upon receipt for visible defects and shortcomings. Customer<\/p>\n

shall report any complaint in writing to NL ALUMINIUM immediately, but no later than 14 (fourteen)<\/p>\n

days after delivery, unless mandatory law stipulates a longer period. After expiry of the aforementioned<\/p>\n

term, the delivered goods are considered to have been irrevocably and unconditionally accepted by the<\/p>\n

Customer. Unless mandatory law prescribes otherwise, infringements of the provisions of this article by<\/p>\n

the Customer will result in the Customer&#39;s right to complain lapsing.<\/p>\n

13.5. If Customer does not accept a product upon shipment, any storage charges and\/or charges for a<\/p>\n

new delivery shall be borne by Customer.<\/p>\n

13.6. The possibility to complain expires if the products have been assembled, processed, repackaged or<\/p>\n

if the original state of the goods has been changed in any other way.<\/p>\n

13.7. If the products delivered do not comply with the Agreement, NL ALUMINIUM is only required to<\/p>\n

replace or repair the products in question, at its discretion. If, in the opinion of NL ALUMINIUM,<\/p>\n

replacement or repair cannot be expected or is impossible, NL ALUMINIUM will reduce the purchase<\/p>\n

price in proportion to the defect in the delivered goods.<\/p>\n

\u00a0<\/p>\n

13.8. An appeal to the guarantee or non-conformity is excluded for defects such as, or resulting from:<\/p>\n

a) defects which could have been discovered upon delivery;<\/p>\n

b) weathering and\/or normal wear and tear;<\/p>\n

c) abnormal use, injudicious use or insufficient (timely) maintenance;<\/p>\n

d) installation, assembly, modification, repair or additions by or on behalf of Customer;<\/p>\n

\u00a0<\/p>\n

e) unforeseen, temporary or permanent harmful influence(s) of the environment;<\/p>\n

f) damage and\/or defects caused during or after delivery by external influences;<\/p>\n

g) paving and\/or overgrowth that is too high;<\/p>\n

h) fire, break-in, acts of war or atomic disasters.<\/p>\n

13.9. By redelivery, replacement or repair of a product, the warranty period is not extended or renewed.<\/p>\n

Even if the Customer complains in time, its obligation to pay and take delivery of orders made shall<\/p>\n

continue to exist.<\/p>\n

13.10. Any claim of Customer will in any case expire 2 (two) years after delivery of the product.<\/p>\n

\u00a0<\/p>\n

14. Liability<\/p>\n

14.1. NL ALUMINIUM accepts no liability for damage resulting from the provision of the services and\/or<\/p>\n

the products or from an unlawful act or otherwise, nor for any acts or omissions of its employees and\/or<\/p>\n

of third parties brought in by it, to the extent that this is permitted under mandatory law.<\/p>\n

14.2. If, notwithstanding the foregoing, NL ALUMINIUM is liable to Customer for damage on any grounds<\/p>\n

whatsoever, then NL ALUMINIUM, to the extent permitted by mandatory law, is only liable for direct<\/p>\n

damage suffered by Customer per event (a series of successive events is regarded as one event) up to<\/p>\n

the invoice amount of the delivery to which the liability relates.<\/p>\n

14.3. Direct damage is exclusively understood as:<\/p>\n

a) material damage to goods;<\/p>\n

b) reasonable costs incurred to prevent or limit direct damage, which could be expected as a result of<\/p>\n

the event on which the liability is based; and<\/p>\n

c) reasonable costs incurred to determine the cause of the damage.<\/p>\n

14.4. Any liability of NL ALUMINIUM for indirect damage is excluded. Indirect damage is understood to<\/p>\n

mean all damage that is not direct damage, as defined above, including in any case consequential<\/p>\n

damage. Consequential damage is understood to include losses, missed savings, reduced goodwill,<\/p>\n

damage due to business stagnation, damage as a result of claims by customers of Customer and costs<\/p>\n

incurred to prevent or determine consequential damage.<\/p>\n

14.5. The exclusions and limitations of liability included in this article will only lapse in the case of intent<\/p>\n

and\/or deliberate recklessness on the part of NL ALUMINIUM and\/or its management.<\/p>\n

14.6. Unless fulfilment of the agreement by NL ALUMINIUM is permanently impossible, the liability of NL<\/p>\n

ALUMINIUM on account of attributable failing in the performance of the agreement only arises if<\/p>\n

Customer sends NL ALUMINIUM a notice of default, whereby NL ALUMINIUM is granted a reasonable<\/p>\n

\u00a0<\/p>\n

period to remedy the failure, and NL ALUMINIUM still is attributable failing its obligations after this<\/p>\n

period.<\/p>\n

14.7. Any claim for compensation by Customer that has not been specifically and explicitly reported by<\/p>\n

Customer, expires by the mere lapse of 24 (twenty-four) months after the claim arose. This does not<\/p>\n

affect the Customer&#39;s obligation to complain.<\/p>\n

14.8. Customer is responsible for the accuracy and completeness of the data that he provides to NL<\/p>\n

ALUMINIUM. NL ALUMINIUM is never liable for damages suffered by Customer as a result of incorrect or<\/p>\n

incomplete data provided by him.<\/p>\n

14.9. Customer indemnifies NL ALUMINIUM against all claims of third parties in respect of products<\/p>\n

delivered by NL ALUMINIUM, as a result of which those third parties may have suffered damage,<\/p>\n

irrespective of the cause or moment at which that damage arose.<\/p>\n

\u00a0<\/p>\n

15. Force majeure<\/p>\n

15.1. NL ALUMINIUM cannot be held to fulfil an obligation under the Agreement, nor is it liable to<\/p>\n

Customer in the event of force majeure. Force majeure includes illness of employees and\/or absence of<\/p>\n

employees who are crucial for the delivery of services and\/or products, interruptions in the supply of<\/p>\n

electricity, strikes, riots, war, government measures, fire, natural disasters, floods, shortcomings of<\/p>\n

suppliers of NL ALUMINIUM, shortcomings of third parties hired by NL ALUMINIUM, hardware failures,<\/p>\n

failures in (telecommunication) networks, epidemics, pandemics, government measures and all other<\/p>\n

external causes beyond the control of NL ALUMINIUM.<\/p>\n

15.2. If the force majeure lasts for at least ninety (90) days, both NL ALUMINIUM and Customer will be<\/p>\n

entitled to rescind the agreement without being obligated to pay compensation for any damage in<\/p>\n

connection with this rescission.<\/p>\n

\u00a0<\/p>\n

16. Intellectual Property Rights<\/p>\n

16.1. All Intellectual Property Rights on all products supplied and\/or services rendered and\/or works<\/p>\n

developed or made available under the Agreement, such as designs, goods, services, know-how,<\/p>\n

documentation, analyses, advice, files and\/or information on which Intellectual Property Rights may<\/p>\n

rest, rest with NL ALUMINIUM and\/or its licensor(s).<\/p>\n

16.2. Customer only is granted the rights of use and powers that he is entitled to by virtue of the<\/p>\n

Agreement or the law. Unless explicitly agreed otherwise in writing, Customer only acquires a non-<\/p>\n

exclusive, non-transferable and non-sublicensable right to use the works developed or made available<\/p>\n

by NL ALUMINIUM for himself and only for the intended purpose of the Agreement.<\/p>\n

\u00a0<\/p>\n

16.3. If, in the context of the Agreement, Customer instructs NL ALUMINIUM to reproduce, duplicate<\/p>\n

and\/or publish a work protected by any Intellectual Property Right, then Customer guarantees that this<\/p>\n

does not infringe any Intellectual Property Right of a third party. Customer indemnifies NL ALUMINIUM<\/p>\n

against all claims, procedures, losses and\/or direct and\/or indirect damage and other third-party claims<\/p>\n

based on or arising from the allegation that the assignment infringes on Intellectual Property Rights.<\/p>\n

\u00a0<\/p>\n

17. Retention of title and right of retention<\/p>\n

17.1. NL ALUMINIUM remains the owner of goods, property rights and legal objects equivalent to them,<\/p>\n

such as delivered products, as long as Customer:<\/p>\n

a) fails to comply with his obligations under the Agreement;<\/p>\n

b) fails to pay for performances provided or to be provided under the Agreement; or<\/p>\n

c) does not meet claims arising from non-fulfilment of the Agreement, such as damage, interest and<\/p>\n

costs.<\/p>\n

17.2. As long as the ownership of the delivered goods has not been transferred to Customer, Customer<\/p>\n

may not pledge these goods or grant a third party any other right thereto. Customer is allowed to sell<\/p>\n

and actually deliver the products delivered under retention of title to third parties within the framework<\/p>\n

of normal business operations.<\/p>\n

17.3. After NL ALUMINIUM has invoked the retention of title, it may immediately retrieve the delivered<\/p>\n

products on which the retention of title rests. Customer allows NL ALUMINIUM to enter the place(s)<\/p>\n

where the delivered products are located.<\/p>\n

17.4. If products have not yet been delivered by NL ALUMINIUM, but the agreed advance payment or<\/p>\n

price has not been paid by Customer as agreed, NL ALUMINIUM has the right of retention. Products will<\/p>\n

not be delivered until the Customer has paid in full and in accordance with the agreement.<\/p>\n

\u00a0<\/p>\n

18. Term and termination of the Agreement<\/p>\n

18.1. If and insofar as the Agreement between Parties is a continuing performance agreement, the<\/p>\n

Agreement is entered into for the term agreed in it, in the absence of which the term of 1 (one) year<\/p>\n

applies.<\/p>\n

18.2. The fixed-term agreement between NL ALUMINIUM and Consumer is, after the end of this term,<\/p>\n

tacitly converted into an agreement for an indefinite period, unless NL ALUMINIUM or Consumer<\/p>\n

terminates the agreement in writing with due observance of a notice period of 1 (one) month before the<\/p>\n

end of the period concerned.<\/p>\n

\u00a0<\/p>\n

18.3. The fixed-term agreement between NL ALUMINIUM and Business Customer is tacitly extended by<\/p>\n

the same period after the end of this fixed term, unless NL ALUMINIUM or the Business Customer,<\/p>\n

terminates the agreement in writing with due observance of a notice period of 1 (one) month before the<\/p>\n

end of the period concerned.<\/p>\n

18.4. Parties may terminate the agreement which is concluded for an indefinite period at any time with<\/p>\n

due observance of a notice period of 1 (one) month.<\/p>\n

18.5. Each Party is authorized to rescind the Agreement as a result of a failure in the fulfilment of the<\/p>\n

Agreement of the other Party, if that other Party continues to fail in the fulfilment of the Agreement,<\/p>\n

even after proper notice of default and the expiry of the reasonable periods given therein.<\/p>\n

18.6. The performances already carried out by NL ALUMINIUM prior to the rescission and the related<\/p>\n

payment obligation(s) of Customer will not be subject to cancellation in the event of rescission.<\/p>\n

18.7. Amounts invoiced by NL ALUMINIUM before the termination of the Agreement in connection with<\/p>\n

what it has already performed or delivered in performance of the Agreement will remain due and<\/p>\n

payable immediately at the time of termination of the Agreement.<\/p>\n

18.8. All provisions of the Agreement and these General Terms and Conditions that are intended to<\/p>\n

survive the termination of the Agreement shall remain in force after such termination. These provisions<\/p>\n

include (but are not limited to) the provisions regarding the exclusions and limitations of NL<\/p>\n

ALUMINIUM&#39;s liability, the Intellectual Property Rights, the governing law, the competent court and this<\/p>\n

provision.<\/p>\n

\u00a0<\/p>\n

19. Complaints<\/p>\n

19.1. The Customer must report any complaints via the email address indicated on the Website.<\/p>\n

19.2. Complaints about the implementation of the Agreement must be reported to NL ALUMINIUM<\/p>\n

within a reasonable time after the complaint arose. Customer must describe the complaint fully and<\/p>\n

clearly and report it to NL ALUMINIUM.<\/p>\n

19.3. NL ALUMINIUM will deal with complaints within a reasonable period of time and will make<\/p>\n

commercially reasonable efforts to do so within a period of 14 (fourteen) days. This period commences<\/p>\n

on the date of receipt of the complaint by NL ALUMINIUM. If the handling of a complaint is expected to<\/p>\n

take longer, NL ALUMINIUM will make commercially reasonable efforts to inform Customer of this and<\/p>\n

also to state an indicative timeframe for handling the complaint.<\/p>\n

19.4. In any case, Customer must give NL ALUMINIUM 4 (four) weeks to resolve the complaint in mutual<\/p>\n

consultation. If the complaint cannot be solved within 4 (four) weeks, then the Customer is free to start<\/p>\n

a dispute procedure in accordance with the following article.<\/p>\n

\u00a0<\/p>\n

20. Governing law and disputes<\/p>\n

20.1. The Agreement, the Offer, the General Terms and Conditions and all legal acts and disputes<\/p>\n

resulting therefrom are exclusively governed by the laws of the Netherlands.<\/p>\n

20.2. The applicability of the Vienna Sales Convention is excluded.<\/p>\n

20.3. The competent court of the District Court of Amsterdam has exclusive jurisdiction to hear and<\/p>\n

decide any disputes between the Parties, unless mandatory law prescribes otherwise.<\/p>\n

\u00a0<\/p>\n

21. Miscellaneous<\/p>\n

21.1. In these General Terms and Conditions, the term &#39;in writing&#39; also includes communication by email,<\/p>\n

provided that the identity of the sender and the integrity of the content of the communication have<\/p>\n

been sufficiently established.<\/p>\n

21.2. NL ALUMINIUM is at all times entitled to amend and\/or supplement these General Terms and<\/p>\n

Conditions. The most recent General Terms and Conditions will be available on the Website or will be<\/p>\n

brought to the attention of the Customer during the performance of the Agreement. If the change in the<\/p>\n

General Terms and Conditions results in the performance to be provided by NL ALUMINIUM deviating<\/p>\n

substantially from the performance promised by NL ALUMINIUM, then the Consumer has the right to<\/p>\n

rescind the Agreement.<\/p>\n

21.3. NL ALUMINIUM is entitled to transfer its rights and\/or obligations arising from the Agreement to<\/p>\n

third parties, on the understanding that Consumer then has the authority to rescind the Agreement.<\/p>\n

Customer is not entitled to transfer the rights and\/or obligations arising from the Agreement to a third<\/p>\n

party.<\/p>\n

21.4. Neither the General Terms and Conditions, nor the Agreement, nor any other agreement between<\/p>\n

Parties shall lead to any form of employment relationship, partnership or any other legal relationship<\/p>\n

between Parties.<\/p>\n

<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

1. Definitions 1.1. In these General Terms and Conditions, the following terms, always written with a capital letter and used in the singular and plural, shall have the following meaning: a) Agreement: any agreement between NL ALUMINIUM and the Customer. b) Business Customer: a Customer who is not a Consumer. c) Consumer: the natural person […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-2","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/pages\/2"}],"collection":[{"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/comments?post=2"}],"version-history":[{"count":7,"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/pages\/2\/revisions"}],"predecessor-version":[{"id":1419,"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/pages\/2\/revisions\/1419"}],"wp:attachment":[{"href":"https:\/\/nlaluminium.com\/index.php\/wp-json\/wp\/v2\/media?parent=2"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}