Harry’s Vintage Garage Genaral Terms & Conditions
ARTICLE 1. | DEFINITIONS
Harry’s Vintage Garage: the user of these general terms and conditions, established in Ommel, registered in the Trade Register under Chamber of Commerce number 66127424.
Other party: the natural or legal person with whom Harry’s Vintage Garage has concluded an agreement.
Agreement: any agreement concluded between Harry’s Vintage Garage and the other party with which Harry’s Vintage Garage undertakes to perform work and/or deliver goods.
Activities: all activities to be performed by Harry’s Vintage Garage within the framework of the agreement, including maintenance and repairs to and MOT inspections with regard to cars, including passenger cars and delivery vans.
Goods: all goods to be used or to be delivered to the other party within the framework of the agreement.
Written: both traditional written communication and communication by e-mail.
ARTICLE 2. | GENERAL PROVISIONS
These general terms and conditions apply to every offer from Harry’s Vintage Garage and every agreement concluded between the other party and Harry’s Vintage Garage.
The applicability of the general or other terms and conditions of the other party is expressly rejected.
Deviations from these general terms and conditions only apply if such deviations have been agreed between the parties in writing.
Annulment or nullity of one or more of the present provisions does not affect the validity of the other provisions. In such a case, the parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
Every offer from Harry’s Vintage Garage is without obligation and is made orally or in writing. Harry’s Vintage Garage is never obliged to accept an assignment or order.
The other party cannot derive any rights from an offer that is based on incorrect or incomplete information provided by the other party.
A composite quotation does not oblige Harry’s Vintage Garage to fulfill part of the offer for a corresponding part of the stated price.
The agreement is concluded by offer and acceptance. If the acceptance of the other party deviates from the offer of Harry’s Vintage Garage, the agreement will not be concluded in accordance with this deviating acceptance, unless Harry’s Vintage Garage indicates otherwise. A maintenance, repair or inspection agreement is deemed to have been concluded the moment Harry’s Vintage Garage has confirmed the order, or has started the execution of the work.
ARTICLE 4. | PERFORMANCE OF OPERATIONS
If Harry’s Vintage Garage requires information from the other party in the context of the performance of the work, the other party must provide this information to Harry’s Vintage Garage in a timely manner. The other party guarantees the correctness and completeness of this information.
Work will only be performed on location of Harry’s Vintage Garage, during normal working hours, unless otherwise agreed.
In order to be able to perform the work on time, the other party guarantees that it will make the vehicle to which the work relates available at the agreed time at the location of Harry’s Vintage Garage.
Harry’s Vintage Garage makes every effort to meet the delivery and implementation terms agreed between the parties in a timely manner. However, all terms stated by Harry’s Vintage Garage are to be regarded as indicative, non-fatal terms only. The other party will not claim rights under the law until after he has given Harry’s Vintage Garage written notice of default whereby he gives Harry’s Vintage Garage a reasonable term to still fulfill the agreement and the fulfillment after the latter term is still failed to materialize.
If Harry’s Vintage Garage is dependent for the execution of the agreement on information to be provided by the other party, implementation and/or delivery periods will not start until after Harry’s Vintage Garage has received this information.
APK inspections are carried out in-house. The other party must submit to the rules imposed by the RDW on Harry’s Vintage Garage If there is a question of an imposed random check, then Harry’s Vintage Garage is never liable for the damage caused by delay.
If the other party does not collect the vehicle within three working days after Harry’s Vintage Garage has notified him that the work has been completed, Harry’s Vintage Garage is entitled to charge a reasonable fee for storage costs.
If he has requested this when granting the order, replaced parts will be made available to the other party after the work has been carried out. If the other party’s request is not met, the replaced parts will become the property of Harry’s Vintage Garage without the other party being able to claim any compensation.
ARTICLE 5. | CANCELLATION OF OPERATIONS
The other party is entitled to cancel the order until a start has been made with the execution of the work. In the event of cancellation, the other party owes the costs already incurred by Harry’s Vintage Garage, as well as compensation for the loss of occupancy that can be demonstrated by Harry’s Vintage Garage.
ARTICLE 6. | AMENDMENT OF THE AGREEMENT AND ADDITIONAL WORK
If a fixed price has been agreed for the performance of the work and it appears during the performance of the agreement that it is necessary to amend or supplement the agreement for proper completion, the parties will timely and in mutual consultation pass the agreement. If the nature, scope or content of the agreement is changed in qualitative and/or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed price can be increased or decreased. Harry’s Vintage Garage will quote as much as possible in advance.
If a target price has been agreed, Harry’s Vintage Garage is entitled, without consulting the other party, to exceed the price owed by the other party by a maximum of 20% of the target price and to pass it on to the other party if a proper completion of the agreement so requires. If the target price will be exceeded by more than 20%, Harry’s Vintage Garage will agree the relevant agreements separately with the other party.
In the event of additions or changes to the agreement desired by the other party, the associated additional costs will be borne by the other party. Harry’s Vintage Garage will inform the other party in good time about the need to pass on the costs referred to here, unless the other party should have understood this necessity on its own.
Due to an amendment to the agreement, the originally stated term of execution and delivery can be changed. The other party accepts the possibility of amending the agreement, including the change in price and term of execution. If the agreement is amended or supplemented, Harry’s Vintage Garage is only entitled to implement it after the other party has agreed to the adjusted price and other conditions, including the time to be determined when the work will be performed. Not or not immediately executing the amended agreement does not constitute a shortcoming on the part of Harry’s Vintage Garage and is no ground for the other party to dissolve the agreement.
If, after the conclusion of the agreement, cost-increasing circumstances arise or come to light, which can be attributed to the other party on the basis of incorrect information provided by him, the additional costs will be for his account, unless Harry’s Vintage Garage has confirmed the inaccuracy of the information provided by him. information provided to the other party should have been discovered before the price was determined. Harry’s Vintage Garage will inform the other party in good time about the need to pass on the costs referred to here.
Without being in default, Harry’s Vintage Garage can refuse a request to amend the agreement if fulfillment of the amended agreement cannot reasonably be expected of him.
Agreements that involve additional work, subject to the provisions of the rest of this article, are made in mutual consultation.
ARTICLE 7. | SALES OF BUSINESS
If only goods are delivered within the framework of the agreement, this article applies.
Unless otherwise agreed, the goods will be delivered by collection by the customer at the location of Harry’s Vintage Garage.
If shipment of the goods has been agreed, Harry’s Vintage Garage will determine, unless expressly agreed otherwise, the method of shipment and packaging. The shipping costs will be charged to the other party by Harry’s Vintage Garage, unless expressly stated otherwise.
The other party is obliged to take delivery of the purchased goods the moment they are available to him or are delivered to him. If the other party refuses to take delivery for whatever reason or is negligent in providing information or instructions necessary for the delivery, the goods will be stored at the expense and risk of the other party after Harry’s Vintage Garage has notified him. In that case, the other party owes, in addition to the purchase price, a reasonable price for storage of the goods.
The risk of loss and damage to the goods transfers to the other party at the moment that the goods are actually placed in the possession of the other party or a third party designated by it.
Harry’s Vintage Garage is allowed to deliver orders in instalments. If orders are delivered in parts, Harry’s Vintage Garage is entitled to invoice each part separately.
ARTICLE 8. | SUSPENSION AND DISSOLUTION
Harry’s Vintage Garage is authorized, if the circumstances justify this, to suspend the execution of the agreement or to dissolve the agreement with immediate effect, if the other party does not fulfill the obligations under the agreement or these general terms and conditions, not on time or not fully, or circumstances that have come to the attention of Harry’s Vintage Garage after the conclusion of the agreement give good grounds to fear that the other party will not fulfill its obligations.
If the other party is in a state of bankruptcy, the Natural Persons Debt Rescheduling Act has been declared applicable to it, if its goods have been seized or in cases in which the other party cannot otherwise freely dispose of its assets, Harry’s Vintage Garage is entitled to terminate the agreement with immediate effect.
Furthermore, Harry’s Vintage Garage is entitled to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance thereof cannot reasonably be expected of him.
The other party will never claim any form of compensation in connection with the right of suspension and termination exercised by Harry’s Vintage Garage on the basis of this article.
Insofar as this can be attributed to him, the other party is obliged to compensate the damage that Harry’s Vintage Garage suffers as a result of the suspension or dissolution of the agreement.
If Harry’s Vintage Garage dissolves the agreement on the basis of this article, all claims against the other party are immediately due and payable.
ARTICLE 9. | WARRANTY
The warranty on work and delivered goods is one year, commencing on the day of delivery. Contrary to the previous sentence, no warranty is given on electronics and used items supplied separately.
The warranty lapses if a defect is the result of an external cause and/or cannot be attributed to Harry’s Vintage Garage. This includes, without limitation, defects as a result of damage, incorrect or injudicious use, short circuit, improper and regular maintenance or maintenance, making changes, not using the motor oil recommended by Harry’s Vintage Garage, or other maintenance products – including repairs not carried out with permission from Harry’s Vintage Garage.
The warranty also lapses if the vehicle has already been repaired by the other party or a third party during the warranty period or if the damage is caused by the negligence of the other party, for example due to insufficient maintenance or because the other party has acted contrary to instructions, directions and advice from Harry’s Vintage Garage.
The warranty also lapses if the vehicle has already been repaired by the other party or a third party during the warranty period or if the damage is caused by the negligence of the other party, for example due to insufficient maintenance or because the other party has acted contrary to instructions, directions and advice from Harry’s Vintage Garage.
If investigation costs are incurred for the determination of a defect, on the basis of which warranty is excluded, these costs will be borne by the other party. Harry’s Vintage Garage strives to give notice of this in advance. Failure to make this notification does not affect the counterparty’s obligation to pay these costs.
The provisions of this article are without prejudice to the statutory rights of consumers.
In order to make its warranty claim valid, the other party must submit a complaint to Harry’s Vintage Garage within a reasonable time after discovery of the defect. If his complaint is found to be justified by Harry’s Vintage Garage, Harry’s Vintage Garage will, at its discretion, replace or repair the defective goods or parts thereof, free of charge, or perform the work again.
Complaints never suspend the other party’s payment obligation.
ARTICLE 10. | FORCE MAJEUR
Harry’s Vintage Garage is not obliged to fulfill any obligation under the agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards.
If the force majeure situation continues for longer than a week, or if it is reasonably foreseeable that it will continue for longer than a week, the parties are entitled to dissolve the agreement, without either party claiming any form of compensation.
If Harry’s Vintage Garage has already partially fulfilled its obligations at the start of the force majeure situation or can partially fulfill its obligations, it is entitled to separately invoice the already performed part or executable part of the agreement as if it were an independent agreement.
ARTICLE 11. | PRICES AND PAYMENTS
All quotations and the prices charged by Harry’s Vintage Garage depend on the prices applicable at the time of the offer or the conclusion of the agreement.
If, after an offer has been made or after the agreement has been concluded, a change occurs in VAT rates or other government levies, Harry’s Vintage Garage is entitled to change the prices accordingly.
Harry’s Vintage Garage is always entitled to claim partial or full advance payment of the agreed price. In the case of a consumer purchase, the other party can only be obliged to pay a maximum of 50% of the purchase price in advance, unless it has expressly agreed to full advance payment of the agreed price.
If, in the opinion of Harry’s Vintage Garage, there is a well-founded fear that the other party will fall short in its payment obligations, Harry’s Vintage Garage is entitled to demand that the other party provides proper security for the payment.
In the event of liquidation, bankruptcy or suspension of payment of the other party, the claims against the other party are immediately due and payable.
Unless expressly agreed otherwise, payments must be made in cash or by debit card in advance or at the time of delivery or completion. If payment by bank transfer has been agreed, payment must be made within the term stated on the invoice, in the manner prescribed by Harry’s Vintage Garage.
If timely payment is not made, the other party will be in default by operation of law. From the day the default occurs, the other party owes the statutory (commercial) interest on the amount due. The statutory (commercial) interest is calculated up to and including the day that the full outstanding amount is paid.
All reasonable costs for payment of amounts owed by the other party are for his account. The extrajudicial costs are calculated in accordance with the Collection Costs Act.
ARTICLE 12. | LIABILITY
The fulfillment of the obligations under warranty as described in article 9 applies as sole and full compensation. Except for intent and recklessness on the part of Harry’s Vintage Garage, he bears no liability for other damage suffered by the other party. In particular, Harry’s Vintage Garage bears no liability for damage as referred to in the rest of these general terms and conditions.
Harry’s Vintage Garage accepts no liability for advice provided by or on behalf of it.
Harry’s Vintage Garage is at all times entitled to repair damage suffered by the other party. The other party must give Harry’s Vintage Garage the opportunity to do so, failing which any liability of Harry’s Vintage Garage lapses.
Harry’s Vintage Garage is never liable for consequential damage, including lost profit, loss suffered and damage as a result of business interruption. If, despite the provisions of these general terms and conditions, liability of Harry’s Vintage Garage still exists, only direct damage is eligible for compensation. Direct damage is exclusively understood to mean:
The reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
Any reasonable costs incurred to have the defective performance of Harry’s Vintage Garage comply with the agreement, insofar as these can be attributed to Harry’s Vintage Garage;
Reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
If, despite the provisions of these general terms and conditions, a further liability of Harry’s Vintage Garage should exist, the liability is limited to a maximum of the invoice value of the agreement, at least to that part of the agreement to which the liability relates.
The liability will never exceed the amount that is paid out with regard to the relevant case under the liability insurance of Harry’s Vintage Garage.
Contrary to the statutory limitation period, the limitation period for all claims and defenses against Harry’s Vintage Garage is one year.
Notwithstanding the previous paragraph, claims and defenses to which consumers are entitled that are based on facts that would justify the statement that the delivered goods do not comply with the agreement, expire after two years. The right to bring a claim or defense by a consumer in connection with the assertion that a delivered item does not comply with the agreement, lapses if no complaint has been lodged within two months after discovery of the defect.
Except in the case of gross negligence or intent on the part of Harry’s Vintage Garage, the other party will indemnify Harry’s Vintage Garage against all claims from third parties, for whatever reason, with regard to compensation for damage, costs or interest, related to the execution of the agreement by Harry’s Vintage Garage or arising from the use of the goods delivered by Harry’s Vintage Garage.
ARTICLE 13. | RIGHT OF RETENTION
Harry’s Vintage Garage is authorized to suspend the fulfillment of the obligation to hand over the vehicle, which he has in the context of an assignment, until the claim of Harry’s Vintage Garage with regard to that matter has been paid in full, including interest. and costs, unless the other party has provided adequate security for the payment.
ARTICLE 14. | RETENTION OF TITLE
All goods delivered by Harry’s Vintage Garage remain its property until the other party has properly fulfilled all obligations under the agreement.
The other party is prohibited from selling, pledging or in any other way encumbering the goods on which the retention of title is based.
If third parties seize the goods on which the retention of title rests, or wish to establish or enforce rights thereon, the other party is obliged to inform Harry’s Vintage Garage of this as soon as possible.
The other party gives unconditional permission to Harry’s Vintage Garage or third parties designated by Harry’s Vintage Garage to enter all those places where the goods subject to retention of title are located. Harry’s Vintage Garage is entitled to take back the aforementioned items in the event of default by the other party. All reasonable costs associated with this will be borne by the other party.
ARTICLE 15. | FINAL PROVISIONS
Only Dutch law applies to every agreement and all legal relationships arising from it between the parties.
The parties will only appeal to the court after they have made the best possible effort to settle the dispute in mutual consultation.
Unless the law dictates otherwise, only the competent court within the district where Harry’s Vintage Garage is established is designated to hear disputes.
Harry’s Vintage Garage , Dionysiusstraat 1 5724 AC Ommel
Tel.nr: +31657630993
info@harrysvintagegarage.nl
www.harrysvintagegarage.nl
Chamber of Commerce number is 77431480
VAT number: NL003193227B93
© Harry’s Vintage Garage – All Rights Reserved
