Warranty
1. Applicability
1.1 These general terms and conditions apply to STIBA members entering into
agreements for the sale and/or delivery of used vehicle parts and on the
performance of such agreements. These agreements to sell and/or
delivery of used vehicle parts are the STIBA Warranty Conditions of
application.
1.2 STIBA members are those companies that have been designated as members by the Board of STIBA pursuant to
Article 3 of the Articles of Association of said Association are permitted and which are recognizable
to the STIBA shield. The STIBA members can also be found on the STIBA website.
1.3 Deviations from and/or additions to these general terms and conditions are only binding on the STIBA member
insofar as it has expressly laid down its validity in writing. By reference
by the buyer according to its own conditions, the present conditions apply exclusively,
unless expressly agreed otherwise.
2. Agreement
2.1 If the agreement is entered into in writing or electronically, it will come to
status on the day of signing of the contract by the STIBA member, respectively on
the day of dispatch of the written or electronic order confirmation by the
STIBA member.
2.2 Binding oral promises by and agreements with subordinates of the STIBA member
the STIBA member only after and insofar as this has been agreed in writing or by the STIBA member
electronically confirmed.
3. Prices
3.1 Unless stated otherwise, all amounts are exclusive of deduction or discount and including VAT. already
or not calculated via the VAT. margin scheme of the dismantling company.
3.2 Prices are calculated for delivery ex works, unless expressly stated otherwise.
3.3 Statement of prices, items offered for sale and specifications contained in general
offers are without obligation. They bind it
not a STIBA member and the buyer cannot rely on this, unless otherwise agreed or
indicated.
4. Delivery
4.1 Delivery is made ex workshop, warehouse or shop at the choice of the STIBA member. On the
buyer has an obligation to purchase, unless the STIBA member has no reasonable interest in this.
4.2 As soon as the item is ready for delivery or shipment, the buyer bears the risk
all direct and indirect damage, which may arise to or through the item, except
insofar as due to gross negligence on the part of the STIBA member. If the buyer after notice of default
fails to take delivery of the item, the STIBA member will be entitled to the
dissolve the agreement without judicial intervention and the costs of storage of the
item to be charged to the buyer.
4.3 The sold good will be delivered immediately in the condition in which it is at the
conclusion of the agreement.
STIBA internal regulations, approved at the ALV dated May 8, 2012 2
4.4 Transport and shipment of sold goods by the STIBA member takes place entirely before
account and risk of the buyer.
5. Delivery Time
5.1 Delivery times are determined in consultation and approximately by the STIBA member. Delivery times
can never be regarded as a deadline. The delivery time starts with oral and
written order confirmation.
5.2 In the event of late delivery, the STIBA member is not liable for any losses suffered by the buyer
damage due to late delivery, unless the buyer has given the STIBA member written notice of default
the purchaser must grant the STIBA member a term of at least half of
the originally agreed delivery time in order to still meet its obligations.
5.3 Insofar as the law allows, an agreement cannot be concluded by the buyer because of
exceeding the term will be dissolved, unless the term stated in the end of paragraph 2 of this
article has expired and the buyer's maintenance of the agreement cannot be
required.
6. Payment
6.1 Unless agreed otherwise, payment is made in cash. It is possible with distance selling
STIBA member offer the buyer various payment options, including Ideal, PayPal and
credit cards in a secure environment and the possibility of one-time authorization.
Bank details of the buyer will not be stored by the STIBA member. The buyer is here
aware that payment via the internet can entail risks. Payments are via the internet
at the buyer's own risk. The STIBA member is not liable for the manner in which the
buyer makes payments.
6.2 When purchasing on invoice, payment must be received within fourteen days after
invoice date.
6.3 If no or late or incomplete payment is made on the due date
occurred, the buyer will be affected without notice of default or reminder being required
default and he owes the statutory interest on the overdue amount immediately due and payable
per month or part of a month, calculated from the due date.
6.4 In case of paragraph 3 of this article, the STIBA member has the
right to reclaim the purchased goods by means of an extrajudicial declaration. By those
statement, the sale is dissolved.
6.5 All costs, both judicial and extrajudicial - those of collection agencies,
bailiffs, including lawyers, who are affiliated with the STIBA member on behalf of the STIBA member
enforcement of its rights against the purchaser shall be borne by the purchaser. The
extrajudicial collection costs are calculated in accordance with the collection rate of the
Dutch Bar Association regarding collections with a minimum of € 50.00.
7. Retention of Title
7.1 As long as the buyer has not fully complied with what is owed to the STIBA member under
or in connection with delivery, goods already delivered remain the property of the
STIBA member.
7.2 The buyer is not entitled to pass on delivered goods - as long as they have not been paid - to third parties
to deliver, to loan, to pledge or to transfer ownership.
7.3 The buyer bears the risk for unpaid goods with regard to all damage, direct and
indirect, which will be caused to it by himself or anyone else.
8. Shortcomings/complaints
8.1 The buyer is obliged to accurately check for any shortcomings after delivery
the form of deviations from specifications and other observable shortcomings
check. Defects found must be reported immediately, but at the latest within 8
must be reported to the STIBA member days after delivery of the item. This message serves
must be made in writing and be accompanied by a description of the observed
shortcoming, stating the invoice and the invoice number.
8.2 The buyer must enable the STIBA member to check the identified shortcoming.
Failure to comply with the provisions of this paragraph will result in the buyer's right to lapse
to invoke shortcomings that he reasonably mentioned after careful inspection within the aforementioned
term could have been discovered.
8.3 The buyer must reimburse the costs for unfounded complaints to the STIBA member.
8.4 The provisions of this Article 8 apply with due observance of the provisions of Article 8 of the
Warranty conditions of STIBA.
9. Force majeure
9.1 If the STIBA member fails in full or in part to fulfill the obligation
towards the buyer, this shortcoming cannot be attributed to the STIBA member if the
STIBA member the execution of the agreement is made more difficult resp. becomes impossible
made by a circumstance, whether foreseeable or not, beyond the control of the
STIBA member is located, such as, but not limited to:
- shortcomings by suppliers/transporters;
- war, riot or similar situations;
- sabotage, boycott, strike or occupation;
- machine damage;
- theft from the warehouses;
- business disturbances;
- government measures;
- bad weather;
- lightning strike;
- fire.
9.2 If a situation arises as referred to in paragraph 1 of this article, insofar as this is permitted by law
permits, the STIBA member is not liable for any resulting consequences for the buyer
resulting damage and the STIBA member may, at its own discretion,
suspend obligations or the agreement without judicial intervention in whole or
dissolve in part without being obliged to pay any compensation.
10. Use of the business
10.1 The buyer must use the delivered goods in accordance with their nature and destination and with
observance of all legal requirements for use and, where applicable, by the
STIBA member prescribed instructions for use.
10.2 If the buyer does not return the delivered good in accordance with the provisions of paragraph 1 of this article
used and the buyer holds the STIBA member liable for damage suffered in connection with it
use of the delivered item, the buyer must prove that damage is the result of a
STIBA internal regulations, approved at the ALV dated May 8, 2012 4
defect in the item delivered by the STIBA member and not of use other than
in accordance with paragraph 1 of this article.
10.3 Without prejudice to the provisions of article 11 and paragraph 2 of this article, the STIBA member is never
liable for personal injury if the buyer has acted contrary to paragraph 1 of
this article specified. To the extent permitted by law, the buyer must indemnify the STIBA member against
claims of employees or other third parties, in particular customers, when these
have not taken cognizance of the provisions arising from paragraph 1 of this article
operating instructions.
11. Liability
11.1 For damage from or in connection with deliveries for which the STIBA member is legally liable
can be held applies, insofar as mandatory provisions do not dictate otherwise
entail that the liability of the STIBA member fa
HOUSE RULES - ANNEX D: WARRANTY CONDITIONS
1.1 With the exception of electronic parts, the guarantee is eligible for the
used vehicle parts, which the STIBA member has sold and delivered to buyers.
1.2 In addition to the STIBA warranty conditions, the BOVAG/STIBA conditions and/or
the FOCWA Green Guarantee Certificate apply to the items mentioned in the previous article
used vehicle parts.
2. The buyer can only derive rights from a guarantee by submitting it to the
STIBA member of the relevant purchase agreement or invoice and, if applicable, the ter
properly prepared warranty card. If it concerns a case that has been brought by the STIBA member of a
mark or registration number, the buyer can only derive rights from a guarantee if
when invoking this guarantee, the intended brand or registration number is undamaged.
3. The buyer's claims under a warranty are not transferable to third parties.
4. The guarantee is granted by the STIBA member for a period of one month from the
date on which the item was delivered to the buyer. If within the warranty period
show defects in the item under normal use, the buyer is entitled to the delivered
to present the item to the STIBA member for repair or replacement, at the choice of the STIBA member,
in accordance with Article 8 of the applicable General Terms and Conditions.
5. The transport to and from the STIBA member of the item offered for repair or replacement
is for the account of the STIBA member. In the event of an incorrect order and/or when the repair or
item offered for replacement is not eligible for warranty on the basis of this
warranty conditions, the transport of the item to and from the STIBA member is for the account
of the buyer.
6. The STIBA member undertakes in case Article 4 of these Warranty Conditions and
Article 8 of the General Terms and Conditions, the item offered for repair/replacement
to repair or replace it with a comparable item within a reasonable period of time, unless the
STIBA member is unable to do so, in which case the STIBA member will be reimbursed in cash
purchase amount will be transferred.
7. These Warranty Conditions apply to the item received by the buyer after repair/replacement
applicable.
8. The buyer cannot claim a guarantee:
a. if the buyer has provided incorrect or insufficient information with regard to
the brand and type designation of the purchased item and/or the vehicle for which it is
part is intended;
b. if the buyer performs work, such as but not limited to repair, modification and
disassembly, has carried out resp. has done;
c. in the event of improper and/or incompetent installation/use of the
purchased or when using the vehicle in which the purchased object has been built in
purposes other than for which the vehicle is used in normal traffic
(speed tests, reliability tests, overload related to
combination passenger car and trailer or caravan, etc.);
d. if acted in violation of any other provision of the applicable General
Conditions or Guarantee Conditions, insofar as these are subject to forfeiture of
rights are prescribed.
9. The buyer cannot derive any right to compensation of any kind from a guarantee
also, except insofar as the STIBA member is under the applicable General
Conditions to do so.
10. The STIBA member has the right to deviate from these Warranty Conditions if before the
conclusion of the purchase agreement, the buyer has been expressly informed of this and the deviating
provisions have been laid down in writing between the STIBA member and the buyer.
Eemnes, May 2012
Additional Maresia Parts conditions
GENERAL PROVISIONS:
In the event of a warranty claim, the buyer declares to provide full cooperation to supply all information requested by Maresia Parts without reservation at first request, such as: name of mechanic/repairer with address, telephone number, e-mail address, photos and diagnosis reports, etc. All this to enable a speedy settlement of the warranty claim.
HOUSEHOLD REGULATIONS - ANNEX E: COMPLAINTS REGULATIONS
Section 1) GENERAL PROVISIONS:
Article 1
Definitions:
In this regulation the following definitions apply:
Complainant: The natural person, legal person or partnership that a
submit a complaint.
complaint: Any dated and signed written expression of dissatisfaction,
dissatisfaction, displeasure or disapproval of any conduct of or sale
and/or delivery of goods by a member of STIBA.
Conduct: The action or omission in the sale and/or delivery of goods by a
STIBA member.
Defendant: The STIBA member about whom the complaint has been made.
Committee: The (complaints) committee of (independent) members, appointed by the
association board, meeting of members