1. At all times the place of delivery is – except where stated otherwise in writing – the customer’s actual registered office or the registered office that is specified during the order process and/or the registered office of the party to the agreement.
2. The delivery terms included in offers/proposals, confirmations and/or contracts are given in good
conscience. They will be complied with to the extend possible, though they can never be considered
as a final date.
3. The customer is obliged to enable Duvema to perform the delivery.
4. The customer guarantees for its own account and risks:
a. to provide the support that is necessary for Duvema to conduct the performance;
b. to purchase the ordered products and/or services; and
c. to enable the delivery to occur under average working conditions, during average working hours
from 8 a.m. to 6 p.m.
5. In case the ordered products and/or services are offered to the customer, yet delivery is not possible due to the fact that the customer did not fulfill its obligations under paragraph 3 and 4 of this Article, the delivery will be considered declined. From this moment on, the customer is in default without the requirement of a formal notice of default from Duvema. The day of refusal of the delivery is considered to be the delivery date of the ordered products and/or services. From this moment on, the products are at the customer’s own risks as stated under Article ‘Transfer of Risk’ of these General Terms and Conditions.
6. Notwithstanding the obligation to pay, the customer is entitled to repay the damages Duvema has
suffered as a result of the refusal referred to under paragraph 5 of this Article, including the costs of
storage and transport. The transport costs are based on local common rates.
1. The customer can repudiate a purchase contract for a product without giving reasons for a reflection
period of 14 days. The reflection period starts on the day the product is received by the customer or by
a third party appointed by him in advance and who is not the carrier, or:
a. in case the customer ordered several products in the same order: the day on which the
customer or a third party appointed by him received the last product. Duvema may refuse an
order of several products with different delivery dates provided that it clearly informs the
customer prior to the order process, or;
b. in case the delivery of a product consists of several batches or parts: the day on which the
customer or a third party appointed by him received the last batch or the last part.
2. During this period, the customer shall handle the product and the packaging with care. The customer shall only unpack or use the product to the extent necessary for establishing the nature, the
characteristics and the effect of the product. The guiding principle is that the customer may only
handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
3. The customer is liable for the decrease in value of the product that is caused by the way of handling
the product which went further than allowed in paragraph 2 of this Article.
4. In case the customer would like to return a product, he shall notify Duvema unambiguously within the Reflection Period.
5. The customer shall return the product or deliver it to (the authorized representative of) Duvema as
soon as possible but within 14 days, following on the notification mentioned in paragraph 4 of this
Article. This does not need to be done in case Duvema offered to collect the product himself. The
customer observed the period of returning the product in any event in case the product is returned
before the expiration of the Reflection Period.
6. The customer shall return the product with all delivered accessories and in case reasonably possible
in the original state and packing and in conformity with the instructions given by Duvema.
7. The risk and the burden of proof for the correct and timely return shipment fall on the customer.