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Terms and Conditions

General Terms and Conditions of Lasmachinedirect.nl for Britain  and all Eu-countries outside the Netherlands.

 

Lasmachinedirect.nl is called Welding Machine Direct in outside the Netherlands. Welding Machine Direct is proud to have satisfied customers in Europe and the rest of the world for 37 years. Of course, all our customers can rely on our thoroughness, punctuality and care.

Article 1. Applicability of these conditions

1. These Terms apply to any offer and any agreement or legal relationship between Lasmachinedirect.nl and the other party; (potential) Buyer, hereinafter referred to as "Buyer", unless these Terms are expressly and in writing excluded from the Contracting Parties and without any general terms and conditions of the other Party.
2. These terms and conditions shall also apply to all agreements with Lasmachinedirect.nl in which third parties are to be involved.
3. If these conditions talk about writing requirements, the email will also be understood.

Article 2. Quotes / Agreements

1. All offers from Lasmachinedirect.nl are subject to change and are subject to an invitation. The prices mentioned on the website are subject to typos.
2. The agreement shall be established only after confirmation of an order or assignment by lasmachinedirect.nl in writing or by another sign of acceptance. Supplements, changes and further orders for orders and assignments shall only apply if you have been confirmed in writing by lasmachinedirect.nl.
3. Lasmachinedirect.nl has the right at any time to withdraw from the contract (order) up to 10 days after the termination of the contract, without giving a reason for doing so.
4. In the case of a composite offer, there is no obligation to lasmachinedirect.nl part of the goods included in the offer at a corresponding part of the quoted price, not yet the offer Lasmachinedirect.nl automatically for the order of the orders.
5. If several buyers are parties to an agreement, you are all jointly bound by the fulfilment of the obligations to lasmachinedirect.nl.

Article 3. Delivery

1. Unless otherwise agreed, the delivery shall be ex works/operation.
2. The buyer is obliged to take the purchased goods at the time you are made available to him. As the moment of disposal, the end of the period in which the goods can be collected, or – if the transport or dispatch of Lasmachinedirect.nl has been agreed the moment (at the discretion of the lasmachinedirect.nl), on the Lasmachinedirect.nl the transaction offers to the agreed address.
3. If the Buyer does not Lasmachinedirect.nl at the time of the sale, the Buyer shall refuse to provide the goods on account and the risk of the Buyer and/or, if the transport or dispatch of Lasmachinedirect.nl has been agreed upon, by providing the information or instructions required for the delivery, on behalf of the Buyer.
4. If the Buyer refuses acceptance for a period of 14 days, Lasmachinedirect.nl shall be entitled to terminate the agreement, whereby the Buyer is liable regardless of the article "Resolution" paragraph 2 – 100% of the transaction value. With interest and costs and without prejudice to the right to reimbursement of actual or higher damages.
5. Lasmachinedirect.nl reserves the right to refuse service outside the Netherlands without giving reasons.

Article 4 Dissolution / Return by Buyer

1. Dissolution and return is only permitted with the written permission of Lasmachinedirect.nl. Dissolution can only be permitted if the buyer Lasmachinedirect.nl in writing within 14 days of the date of purchase, reports that the buyer wishes to dissolve. Unless otherwise required by law, the dissolution is only permitted if the buyer has a reasonable argument for the desire to dissolve.
2. In the case of reported and permitted return to Lasmachinedirect.nl buyer must provide the order number. Return may only be made with the written permission of Lasmachinedirect.nl and all associated conditions. Return of the shipment without permission on Lasmachinedirect.nl will not be accepted.
3. Unless otherwise agreed, the Buyer must return the purchased product within 7 working days after the consent of the lasmachinedirect.nl taking into account the following points:
-complete, undamaged and not used;
-including related documentation and warranty certificates;
-contains a copy of the invoice from Lasmachinedirect.nl.
4. Return shall be made by and at the expense and risk of the buyer. If the buyer wishes to return to Lasmachinedirect.nl in person, the buyer must first make an appointment.
5. In case of return /return with the permission of Lasmachinedirect.nl, Lasmachinedirect.nl has the right to calculate the cost of checking for the general condition of the product on the buyer and to compensate it with the purchase price.
6. As soon as the purchased and delivered product has been correctly and completely undetected by Lasmachinedirect.nl Return, the purchase price paid by the Buyer will be refunded as soon as possible but no later than 14 days after receipt of the return shipment.
7. Resolution will not be used in the case of:
- software whose sealing has been broken;
- Memory modules;
- Specially ordered or assembled products;
- Replacement / spare parts;
- On is on products;
- products whose Lasmachinedirect.nl expressly presupposes that the right to dissolve
is not applicable.

Article 5. Delivery

1. The Lasmachinedirect.nl usually sends on average within 3 to 5 working days although the shipment may take up to 14 working days after the order has been placed in full; This delivery time and other specified delivery times are always approximate deadlines and are never fatal dates.
2. The Lasmachinedirect.nl shall inform the Buyer of any different periods of the provisions of paragraph 1 of this Article within 3 working days of receipt of the order. If the buyer wishes to cancel the order on the basis of this different period, he must expressly inform the Lasmachinedirect.nl within 72 hours of registration by Lasmachinedirect.nl of another delivery time.
3. In the event of incorrect or incorrect dispatch, the buyer must Lasmachinedirect.nl in writing.
4. The delivery time specified by Lasmachinedirect.nl will not start until all necessary information has been in your possession.
5. It is Lasmachinedirect.nl permitted to deliver sold items in portions. This does not apply if the transmission of parts does not have an independent value. If the goods were delivered in parts, Lasmachinedirect.nl is entitled to invoice the individual parts separately.
6. The buyer is not entitled to compensate for different delivery periods, delivery times or non-force force majeure.

Article 6. Technical requirements.

1. If the goods delivered in a country are used outside that county then Lasmachinedirect.nl is not responsible for ensuring that the delivered goods comply with the technical requirements, standards and/or regulations in accordance with the laws or regulations of the country in which the transaction is used. This does not apply if Lasmachinedirect.nl has fully confirmed the suitability of use in the country concerned when concluding the purchase agreement.
2. all other technical requirements which the buyer has submitted to the goods to be delivered and which deviate from the normally applicable requirements shall be expressly communicated by the buyer in writing upon conclusion of the purchase contract.

Article 7. Illustrations, examples, models, and examples.

1. The photos and/or images used by lasmachinedirect.nl or on websites or on the other page have only the status of the general name. Specific details or capacities of the goods to be delivered may derive the photos and/or image deviations and for this reason the buyer cannot derive any rights from these images and/or images.
2. If a model, sample or example of Lasmachinedirect.nl is shown or provided, it is presumed that they are represented or provided by indication or display. The capacities of the goods to be delivered may differ from the sample or example, unless it has been expressly stated that it is supplied according to the pattern, model or example shown.

Article 8. Resolution

1. In any event, the Agreement may be terminated immediately, without further notice, by Lasmachinedirect.nl in the following cases:
2. If the Buyer does not properly fulfil his obligations;
3. If, after the conclusion of the purchase agreement, Lasmachinedirect.nl circumstances come to the attention of the Lasmachinedirect.nl in order to fear that the buyer will not fulfil his obligations;
4. If the lasmachinedirect.nl has asked the buyer to guarantee compliance or after conclusion of the contract, and that the security is insufficient or insufficient despite the sum.
5. In such cases, Lasmachinedirect.nl shall be entitled to suspend the further implementation of the Agreement or to continue the termination of the contract, without prejudice to Lasmachinedirect.nl's right to claim damages.
6. In the event of dissolution by Lasmachinedirect.nl, the Buyer shall be liable against Lasmachinedirect.nl if the damage is at least 30% of the transaction value, as well as interest and costs, without prejudice to the right of Lasmachinedirect.nl to claim compensation for higher or actual damages.

Article 9. Guarantee

1. The buyer is entitled to Lasmachinedirect.nl only if and to the extent that the supplier has provided Lasmachinedirect.nl warranty to the Lasmachinedirect.nl or the manufacturer, unless mandatory legal provisions provide a more guarantee for the letter. The buyer has no warranty more than the applicable manufacturer's warranty. No further warranty or liability will be held Lasmachinedirect.nl.
2. The Buyer is entitled to Lasmachinedirect.nl only if the other Party has fulfilled all payment obligations to Lasmachinedirect.nl.
3. Any warranty expires if the Buyer makes changes or repairs to the proper delivery or in the case of damage that is not attributable to normal use.
4. The additional warranties offered by Lasmachinedirect.nl on its own title must always be purchased and are never free. This purchased additional warranty is only valid if the Buyer provides on his behalf a copy of the purchase of this Additional Warranty and a copy of the original Additional Warranty Certificate on his behalf, which automatically implies that Lasmachinedirect.nl has no guarantees to third parties.

Article 10. Retention of title

1. All cases delivered by Lasmachinedirect.nl shall remain the property of lasmachinedirect.nl until the Buyer has fulfilled all obligations arising from all agreements concluded with Lasmachinedirect.nl.
2. Goods delivered by the Lasmachinedirect.nl subject to the retention of title referred to in paragraph 1 may only be used in the ordinary commercial practice.
3. The buyer is not entitled to oblige or otherwise sell the reserved goods.
4. The buyer already has unconditional and irrevocable consent to lasmachinedirect.nl or to and by appointment to the third, in all cases in which lasmachinedirect.nl wants to exercise their property rights in order to enter all those places where the estate of Lasmachinedirect.nl will then stand and take things there.
(5) If third parties wish to seize the goods delivered under reservation of title or to assert rights, the buyer is obliged to inform the lasmachinedirect.nl as soon as possible.
6. The Buyer undertakes to guarantee the goods delivered subject to retention of title and to keep you insured against fire, explosion and damage, as well as against theft and the policy of this insurance at the first request for inspection.

Article 11. Defects, complaints

1. The buyer must inspect the purchased goods upon delivery or at the latest within 3 working days. In any case, the buyer must check whether the delivered to the agreement is in conformity, namely:
• Whether the right ones were delivered;
• Whether the delivered goods correspond to the quantity (e.g. quantity and number) of the agreed quantity in relation to the quantity;
• Whether the delivered goods meet the agreed quality requirements or, if you are missing, the requirements for normal use and/or commercial use.
2. If visible defects or defects are found, the buyer must notify you to Lasmachinedirect.nl within 3 working days after delivery. After these 3 working days, Lasmachinedirect.nl will be delivered as correct
3. Even if the buyer is announced in good time, his obligation to pay and accept the orders remains unchanged. As long as the full payment has not been complied with, Lasmachinedirect.nl complaints are not to be dealt with. Lasmachinedirect.nl always has the right to request additional security or payment in the event of a complaint, pending whether the complaint is justified, whether in the third money account of a Lasmachinedirect.nl to appoint a lawyer or notary before he takes any complaint into account.
4. Unless expressly agreed otherwise in writing, the buyer must lasmachinedirect.nl this case on his own account and risk for the inspection and repair in the event of a complaint to a case. Assessment and repair by Lasmachinedirect.nl does not happen at home.
5. Cases can only be returned to Lasmachinedirect.nl with prior express written consent.
6. The buyer must take care of the actual return and for his own account and risk.

Article 12. Intellectual property

1. Copyrights and other intellectual property rights in devices, software or documentation

2. remains the property of Lasmachinedirect.nl or its suppliers. The buyer receives a maximum of one right of use.

Article 13. Price / Price increase

1. Unless expressly stated otherwise, the prices issued by Lasmachinedirect.nl apply only to the products themselves and:
• In Euro
• Excluding VAT
• Excluding shipping costs and transport costs
• Ex works / operation
2. The prices shown on the website are subject to typographical errors or (not yet implemented) price changes.
3. If Lasmachinedirect.nl agrees with the Buyer with a particular price, Lasmachinedirect.nl is nevertheless entitled to increase the price if Lasmachinedirect.nl can prove that significant price changes are completed in terms of raw materials, currencies and/or wages between the time of the offer and delivery.
4. If the price increase is more than 10%, the buyer has the right to terminate the agreement without the right to compensation against Lasmachinedirect.nl.

Article 14. Payment

1. In connection with the fact that it is not possible for Lasmachinedirect.nl to determine the creditworthiness of a private person, payment in advance is required for the private buyer, without exception. Buyers via the webshop can only pay in advance on their own way or via the integrated instant payment system or ideal payment system.
2. Unless expressly agreed otherwise for companies or payment by ideal or advance payment or on the other hand, payment on account within the last payment of 14 days after invoice date, on a Lasmachinedirect.nl and in the currency in which the invoice is invoiced.
3. Lasmachinedirect.nl has the right at any time to request (yet) advance payment or the buyer of security for the payment, which must be paid immediately.
4. After 14 days from the invoice date, the other Party is legally in default; The buyer owes an interest rate of 1% per month from the date of provision, unless the legal (commercial) interest rate is higher, in which case the legal (commercial) interest applies.
5. If the buyer is in default, all actual costs resulting from the buyer's payment shall be charged to the buyer, but at least against the (lump) amount according to the report for work II.
6. In the event of liquidation, bankruptcy or suspension of the buyer's payment, the claims of the Lasmachinedirect.nl and the obligations of the buyer against lasmachinedirect.nl shall be paid without delay by Lasmachinedirect.nl.
7. Payment is made without discount or billing and without the buyer's right to warn of the seizure of Lasmachinedirect.nl.
8. Payments from the other Party are always at the first place of all due interest and costs and second place of the due invoices, which are the longest open, even if the buyer mentions that the satisfaction on a later invoice.

Article 15. Liability

1. Lasmachinedirect.nl shall be liable to the Buyer exclusively for damages caused by intent or gross negligence on the part of Lasmachinedirect.nl or its subordinates. For damages resulting from defects in the delivered goods, liability is subject exclusively to the provisions of the "Guarantee" article of these terms and conditions.
2. The liability of Lasmachinedirect.nl shall at all times be limited to the amount of that individual insurer by Lasmachinedirect.nl in a subject that is too Lasmachinedirect.nl.
3. If the insurance does not cover or is not subject to services in any event, and Lasmachinedirect.nl liability, Lasmachinedirect.nl's liability shall be limited to a maximum of the invoice amount of the transaction, at least that part of the transaction to which liability relates.
4. Under no circumstances shall Lasmachinedirect.nl be liable for indirect damages, consequential damages, which are expressly understood.
5. The buyer protects and securely Lasmachinedirect.nl for claims of third parties.

Article 16. Violence

1. In addition to the provisions of the Law and the Case Law, force majeure means all causes which are foreseeable or unforeseeable, on which Lasmachinedirect.nl cannot exert any influence, but the Lasmachinedirect.nl is not in a position to obligations, including delays in delivery by suppliers of Lasmachinedirect.nl and strikes in the company of Lasmachinedirect.nl.
2. In the event of force majeure, the terms of delivery and other obligations of the Lasmachinedirect.nl shall be waived. In the event of force majeure, Lasmachinedirect.nl always has the right to terminate the Agreement without any obligation for Lasmachinedirect.nl to pay damages in this case.
3. If the violence lasts longer than 4 months after the date on which the Lasmachinedirect.nl had to comply with their obligations, the other party shall, in compliance with the law, terminate the agreement without the event of an obligation to pay damages, without prejudice to the withdrawal of individuals in accordance with Article 4a.
4. If Lasmachinedirect.nl has already partially fulfilled its obligations in the event of force majeure or can only partially fulfil its obligations, you shall be entitled to separate the parts already delivered or the available ones. invoice and the buyer is obliged to fulfill this invoice if it concerned a separate contract. However, this does not apply if the part already delivered or available does not have an independent value.

Article 17. Binding conditions for the buyer

1. Lasmachinedirect.nl shall carry out an assessment of the creditworthiness to the buyer in each order with an application for delivery on account. If the Lasmachinedirect.nl is not taken into account on the basis of this verification, it shall be made available to the buyer within 3 working days of receipt of the order for payment of optional advice, for example by Ideal. If the buyer does not wish to pay in advance, he has the possibility to cancel the order completely free of charge on the basis of the refusal of the Lasmachinedirect.nl. This cancellation must be made by the Buyer in writing within 3 working days of notification by Lasmachinedirect.nl, stating only this legal basis or this article with a name.
2. The Lasmachinedirect.nl will submit a delivery time to the buyer within 3 working days of receipt of the order. If the buyer is unable to accept the different delivery time, he has the possibility to cancel the order completely free of charge on the basis of this other delivery time. This cancellation must be made by the Buyer in writing within 3 working days of notification by Lasmachinedirect.nl, stating only this legal basis or this article with a name.

Article 18. Partial disability

• Should parts of these Terms be void or destroyed or otherwise invalid, the remaining provisions (parts) shall remain unchanged. The other conditions must be read and interpreted in such a way as to reach the scope of the conditions, and in particular the invalid parts.

Article 19. Applicable law and place of jurisdiction

1. Applies exclusively to Dutch law. The Vienna Convention for Sales is specificly excluded.
2. The judge closest to the place of establishment of Lasmachinedirect.nl shall be responsible for all disputes. however, Lasmachinedirect.nl has the right to sue its buyer for the court having jurisdiction under the law.

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