Below you will find our Terms and Conditions. These apply to all use of our website www.absstuurapparaten.nl.
The Terms and Conditions contain important information for you as a customer. Please read them carefully.
Article 1. Definitions
1.1. ABS Control Units: located in Heemskerk and registered with the Chamber of Commerce under registration number 85124109
1.2. Website: the ABS-Stuurapparaten website, accessible via www.absstuurapparaten.nl and all associated subdomains.
1.3. Customer: the person who enters into an Agreement with ABS-Steering Equipment, not acting in the exercise of a profession or business.
1.4. Agreement: any agreement or contract/offer between ABS-Steering Equipment and Customer, of which the General Terms and Conditions form an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, product sales, services provided, service and repair work, parts and other materials from ABS-Steering Equipment.
Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing between the parties.
2.2. If the Customer includes provisions or conditions in their order, confirmation, or notification of acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding on ABS-Stuurapparaten if and to the extent that they have been expressly accepted in writing by ABS-Stuurapparaten.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions will also apply, but in the event of conflicting conditions, the Customer may always invoke the applicable provision that is most favorable to them.
Article 3. The offer
3.1 All offers from ABS-Stuurapparaten are non-binding. Furthermore, ABS-Stuurapparaten reserves the right to change prices, particularly when required by (legal) regulations.
3.2 An agreement is only concluded after ABS-Stuurapparaten accepts an order. ABS-Stuurapparaten is authorized to refuse orders or impose certain conditions on delivery, unless expressly stated otherwise. If an order is not accepted, ABS-Stuurapparaten will notify the customer within five (5) business days of receipt.
3.3 Offers and quotes do not automatically apply to reorders. Parties must explicitly agree to this.
Article 4. Prices and information
4.1 All prices stated on the Website and in other materials originating from ABS-Stuurapparaten are inclusive of VAT and, unless otherwise stated on the Website, other government levies.
4.2 All prices stated on the Website and in other materials originating from ABS-Bestuurapparaten are exclusive of any shipping costs.
4.3 Shipping costs include a contribution towards the cost of shipping, preparing your order for shipment, and the administrative handling of your order. This contribution never covers the full costs we incur for processing your order.
4.3.1 The shipping costs for sending regular parcels within the Netherlands are €15.00.
4.3.2 The shipping costs for sending parcels to Belgium and Germany are €20.00.
4.3.3 The shipping costs for sending regular parcels within Europe are €20.00 – €45.00.
4.4 Unless otherwise agreed, payment shall be made in cash or by bank transfer.
4.5 If the client/customer fails to pay within the agreed term, they are legally in default after at least one free reminder. From that moment on, extrajudicial collection costs may be charged. For consumers (B2C), collection costs are calculated according to the scale of the Debt Collection Costs Act (WIK), with a minimum of €40. For business customers (B2B), collection costs may be charged according to the agreed terms or, if none exist, according to reasonableness and fairness.
4.6 If the buyer defaults on any payment, ABS-Stuurapparaten is entitled to interrupt or postpone (the execution of) the relevant agreement and related agreements, or to terminate them.
4.7 If payment is not made in cash, payment must be made within 4 days of the invoice date, in a manner specified by the contractor and in the currency of the invoice. Objections to the invoice amount do not suspend the payment obligation.
Article 5. Delivery
5.1 The buyer is obliged to take delivery of the goods at the time the seller delivers them to him, or at the time these goods are made available to him in accordance with the agreement, unless ABS Steering Equipment has no reasonable interest in doing so.
5.2 If items are delivered, the seller is authorized to charge any delivery costs. This means that all transportation costs are borne by the buyer.
5.3 Delivery times are determined in consultation and are approximate by ABS-Steering Equipment. This is never a deadline. The delivery time commences upon verbal and written order confirmation.
5.4 In the event of late delivery/repair, ABS-Stuurapparaten is not liable for any damage incurred by the buyer due to late delivery, unless the buyer has given ABS-Stuurapparaten written notice of default, in which case the buyer must grant ABS-Stuurapparaten a period of at least five (5) working days to fulfil its obligations.
5.5 In the event of late delivery/repair, no additional costs for replacement transport will be reimbursed by ABS-Stuurapparaten.
5.6 24-hour delivery/repair is only possible if the product is in stock and when it is ordered before a specific time.
Article 6. Exchange parts
6.1 To expedite order fulfillment, some products are supplied by ABS Control Units on an exchange basis, upon agreement and acceptance of the parties.
6.2 In the case of exchange products, a deposit amount will be charged per product sold on the invoice for the replacement product. This deposit will only be refunded to the customer's account if the exchange product is received complete, without any major damage from grinding, drilling, sawing, or other significant force, along with the original invoice, within one (1) month.
6.3 If the returned product has not been received by ABS-Stuurapparaten within 1 month in accordance with the requirements stated in Article 6.2, ABS-Stuurapparaten is no longer obliged to refund the deposit to the customer.
Article 7. Warranty
7.1 ABS-Stuurapparaten offers a 2- or 5-year warranty on repairs, unless otherwise agreed upon before sale, and a variable warranty on used parts, always stated on the invoice. The original purchase invoice serves as proof of warranty. This warranty is non-transferable; therefore, the warranty applies only to the person or company named on the invoice (proof of warranty). In all cases, the invoice must be submitted to ABS-Stuurapparaten.
7.2 The buyer is obligated to inspect the products upon delivery to determine whether they comply with the agreement. If this is not the case, the buyer must notify ABS-Steering Equipment in writing and with reasons as soon as possible, and in any case within three (3) business days of delivery.
7.3 If it is demonstrated that the products do not comply with the agreement, ABS-Stuurapparaten has the option to replace the products in question, provided they are returned, with other products or to compensate the invoice value thereof.
7.4 The buyer has the right to return the product to ABS-Stuurapparaten within 3 business days of delivery without stating a reason, with shipping costs being the buyer's responsibility. Only undamaged products will be accepted.
Article 8. Use of the product
8.1 The delivered products must be used by the buyer in accordance with their nature and intended use, and in compliance with all statutory instructions for use and the instructions for use and installation prescribed by ABS Control Units. Assembly and disassembly of the product may only be carried out by professional, qualified persons.
8.2 If the customer does not use the delivered product in accordance with the provisions of paragraph 1 of this article and the customer holds ABS-Stuurapparaten liable for damage suffered in connection with the use of the delivered product and not from use other than in accordance with paragraph 1 of this article, no warranty conditions will be observed and ABS-Stuurapparaten will not be liable.
8.3 Except as provided in Article 8 and paragraph 2 of this article, ABS-Stuurapparaten is never liable for personal injury if the buyer has acted in violation of the provisions of paragraph 1 of this article. The customer must, to the extent permitted by law, protect ABS-Stuurapparaten against claims from employees or other third parties, particularly customers, if they are not aware of the instructions for use arising from paragraph 1 of this article.
Article 9. Liability
9.1 ABS Control Units is only liable for damage suffered by the customer if and to the extent that such damage is the direct result of intent or deliberate recklessness on the part of ABS Control Units.
9.2 The total liability of ABS-Stuurapparaten will in all cases be limited to compensation for direct damage, whereby the total amount to be paid by ABS-Stuurapparaten to the customer under any cancellation obligations and compensation for damage will never exceed the invoice amount.
9.3 ABS Control Units is not liable for damage if and to the extent that the customer has insured themselves against the damage in question or could reasonably have insured themselves against it.
Article 10. Force Majeure
10.1 If ABS Control Units fails, in whole or in part, to fulfil its obligations to the customer, this failure cannot be attributed to ABS Control Units if ABS Control Units' performance of the agreement is hampered or made impossible by a circumstance beyond its control, whether foreseeable or not, such as, but not limited to:
– failures/delays by suppliers/transporters;
– war, riot etc.;
– strike or occupation;
– equipment damage;
– theft from the warehouses;
– business disruptions;
– government measures;
– weather, including: flood, thunderstorm, tornado;
– lightning strike;
– fire.
10.2 ABS-Stuurapparaten cannot be held liable for any damage to the customer arising from the situation referred to in paragraph 1 of this article, to the extent permitted by law. In addition, ABS-Stuurapparaten is authorized, at its own discretion, to suspend the fulfillment of its obligations or to terminate the agreement in whole or in part without judicial intervention and without being liable for any damages.
Article 11. Miscellaneous
11.1 ABS Control Units can never provide a 100% accurate diagnosis of the problem when repairing a product. Not all conditions can be simulated, meaning not all external influences can be investigated. During the time ABS Control Units have been investigating problems, it has been noted that not all problems recur.
11.2 A €30 testing and administration fee will be charged if, after a comprehensive diagnosis, no fault or defect is found in the product submitted for repair. A full explanation is also not possible in this case. (See 11.1)
11.3 ABS-Stuurapparaten handles personal and company data with care. ABS-Stuurapparaten does not provide data to third parties without legitimate reasons and does not use the data beyond the purpose for which it is processed (see privacy statement).
11.4 Cancellation by the customer is only possible if ABS-Steering Units approves it. If the customer wishes to return an unused part, this is only possible within 7 days of receipt of the product. The part must be in its original condition, and only 75% of the purchase price will be refunded. The costs charged to the customer are intended for retesting the goods so that ABS-Steering Units can guarantee the quality of its parts. This also includes administrative costs.
Article 12. Complaints
12.1 In the event of a dispute, Dutch law applies.
If the buyer has a complaint, it can be submitted in writing to the address below:
ABS control units
Carpentry yard 57A
1969NJ Heemskerk
Filing a complaint does not under any circumstances release the buyer from his payment obligation.
