Below you will find our General Terms and Conditions. These apply when you use our Website www.absstuurapparaten.nl.
The General Terms and Conditions contain important information for you as a customer. Please read them carefully.
Article 1. Definitions
1.1. ABS Control Units: established in Heemskerk and registered with the Chamber of Commerce under registration number 85124109
1.2. Website: the website of ABS-Stuurapparaten, which can be consulted 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 arrangement or agreement/offer between ABS Steering Equipment and Customer, of which agreement 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, sales of products, 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 its 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 Steering Equipment if and to the extent that they have been expressly accepted in writing by ABS Steering Equipment.
2.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions shall also apply, but in the event of conflicting conditions the Customer may always invoke the applicable provision that is most favourable to him.
Article 3. The offer
3.1 All offers from ABS-Stuurapparaten are without obligation. Furthermore, ABS-Stuurapparaten also reserves the right to change prices, in particular, when this is necessary on the basis of (legal) regulations.
3.2 An agreement is only concluded after acceptance of an order by ABS-Stuurapparaten. ABS-Stuurapparaten is authorized to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, ABS-Stuurapparaten will inform you of this within five (5) working days after receipt of the order.
3.3 Offers and quotations do not automatically apply to repeat orders. 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 stated otherwise on the Website, other levies imposed by the government.
4.2 All prices stated on the Website and in other materials originating from ABS-Steering Equipment are exclusive of any shipping costs.
4.3 The shipping costs also include a contribution for the shipping, but also serve for the preparation for shipping and the administrative handling of your order. The contribution never covers the full costs that we make for handling your order.
4.3.1 The shipping costs for sending regular parcels within the Netherlands are €15.00 – €20.00.
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 – €35.00.
4.4 Unless otherwise agreed, payment shall be made in cash or by bank transfer.
4.5 When payment is made after three (3) reminders by ABS-Stuurapparaten, the consumer owes an amount of 3% of the principal sum in administration costs. At the moment that ABS-Stuurapparaten outsources its claim for collection, the collection costs are also charged to the consumer's account.
4.6 If the buyer is in default of 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 in any case be made within 4 days after the invoice date, in a manner to be specified by the contractor and in the currency in which the invoice was issued. Objections to the amount of the invoices do not postpone 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 this.
5.2 If goods are delivered, the seller is entitled to charge any delivery costs. This means that all transport costs are for the buyer.
5.3 Delivery times are determined in consultation and approximately by ABS-Steering Equipment. This is never a fatal term. The delivery time starts with verbal and written order confirmation.
5.4 In the event of late delivery/repair, ABS-Stuurapparaten shall not be 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 still fulfil its obligations.
5.5 In the event of late delivery/repair, no additional costs for replacement transport will be reimbursed by ABS Steering Equipment.
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 In order to speed up the execution of the order, some products are supplied by ABS Control Units on an exchange basis, by agreement and acceptance of the parties.
6.2 In the case of exchange products, an amount will be charged on the invoice per product sold, as a deposit for the product to be replaced. This deposit will only be refunded to the customer's account if the exchange product is received complete, without major damage due to grinding, drilling, sawing or other major force effects, together with the original invoice, within one (1) month.
6.3 If the returned product has not been received by ABS-Stuurapparaten after 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 Steering Equipment uses a period of 2 or 5 years as a warranty on the repair unless otherwise agreed before sale, and variable warranty on used parts, always stated on the invoice. The original purchase invoice serves as proof of warranty. This warranty is not transferable, so the warranty is only for the person or company stated on the invoice (proof of warranty). In all cases, the invoice must be submitted to ABS Steering Equipment.
7.2 The buyer is obliged to examine upon delivery whether the products comply with the agreement. If this is not the case, the buyer must inform ABS-Stuurapparaten thereof as soon as possible and in any case within three (3) working days after delivery, in writing and with reasons.
7.3 If it is demonstrated that the products do not comply with the agreement, ABS-Stuurapparaten has the choice to replace the products in question, on condition that 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 working days after delivery without giving reasons, whereby the shipping costs are for the account of the customer. Only undamaged products are 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 instructions for use and assembly prescribed by ABS-Steering Equipment. 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 the 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 for the provisions of Article 8 and paragraph 2 of this Article, ABS Steering Equipment shall never be 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 Steering Equipment against claims from employees or other third parties, in particular purchasers, if they have not taken note 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 on account of any undoing 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 himself against the damage in question or could reasonably have insured himself against it.
Article 10. Force Majeure
10.1 If ABS Control Units fails in whole or in part to fulfil its obligations towards 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 - foreseeable or unforeseeable - circumstance beyond its control, such as, but not limited to:
– failures/delays by suppliers/transporters;
– war, riot etc;
– strike or occupation;
– equipment damage;
– theft from 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 resulting from the situation referred to in paragraph 1 of this article, to the extent permitted by law. In addition, ABS-Stuurapparaten is authorised to suspend the fulfilment of its obligations at its own discretion or to dissolve the agreement in whole or in part without judicial intervention and without being liable for any compensation.
Article 11. Miscellaneous
11.1 ABS Control Units can never motivate the 100% correct diagnosis of the problem when repairing a product. Not all circumstances can be simulated, which means that not all external influences can be investigated. During the time that ABS Control Units searched for problems, it was noted that not all problems recur.
11.2 Test and administration costs of €30 will be charged if no error or defect is found in the product that has been offered for repair after an extensive diagnosis. Here too, a full motivation is impossible. (see 11.1)
11.3 ABS-Stuurapparaten handles personal and company data with care. ABS-Stuurapparaten does not provide data to third parties without legal reasons and does not use the data outside the purpose of its processing (see privacy statement).
11.4 Cancellation by the customer is only possible if ABS-Steering Equipment approves this. If the customer wants to return an unused part, this is only possible within 7 days after receipt of the product. The part must be in its original condition and only 75% of the purchase price will be compensated. The costs charged to the customer are intended to retest the goods so that ABS-Steering Equipment can guarantee the quality of its parts. In addition, administration costs are included.
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
Submitting a complaint does not under any circumstances release the buyer from his payment obligation.
