General terms & conditions

GENERAL TERMS & CONDITIONS OF  LEK-IMPORT-CARS B.V.
DRECHTDIJK 43 1424 RB DE KWAKEL, THE NETHERLANDS,                          
TELEPHONE + 31 (0) 297-525626, CHAMBER OF COMMERCE  34292710

Definitions
Descriptions of definitions in these General terms & conditions:

1. The car: a passenger car, a derived combination or van, whose total weight including loading capacity will not exceed 3.500 kg;
2. The car to purchase: a car which - under the terms of the agreement - is sold to the seller by way of purchase by the buyer;
3. The agreement: the agreement of purchase and sale of new or used car or parts and accessories;
4. The seller: the person who - under the terms of the agreement – sells a new or used car or parts and accessories;
5. The buyer: the person who – under the terms of the agreement – buys a new or used car or parts and accessories;
6. The guarantee: the guarantee which the seller can give on the cars.

Section 1 • Offer
The offer of the seller is made verbally, in writing or electronically and is – if a deadline for acceptance is determined – valid during the indicated period. The acceptance by the buyer is only valid if it comes within the indicated period. The electronic acceptance of the offer by the buyer is furthermore only valid if confirmed by the seller.  In case no deadline for acceptance was determined, the offer remains valid for the duration of 2 workdays, provided that the car remained unsold..

Section 2 • Agreement
The agreement should always be laid down in writing or electronically. A copy of the written agreement should be handed over to the buyer. The absence of a written or electronically laid down agreement however does not invalidate this agreement.
 
Section 3 • Content of the agreement
A written or electronically laid down agreement should anyhow include:

• The description of the car to sell and/or the car to purchase, both with eventual accessories;
• The price of the car at the moment of purchase and sale, with the indication if the price is a fixed or non-fixed agreed price;
• The price of car to purchase at the moment of delivery of that car;
• The (fixed or expected) delivery costs of the car;
• The expected or explicitly agreed date of delivery;
• The reference to the warranty, in which the seller or a third party acts as guarantor (if possible access to the terms of warranty of these third party is given);
• The payment method: only with bank guarantee unless otherwise agreed in writing.

Section 4 • Price change / price-rise

1. Changes in taxes, excise duties and similar levies by the government are passed on in the non-fixed agreed price of both new and used cars at all times. The fixed agreed price for both new and used cars remains binding, regardless of changes in the height of taxes to be paid, excise duties and similar levies by the government.
2. Without prejudice to the provisions of section 6, paragraph 1 in addition to the above mentioned changes, also price changes due to changes in factory- and/or importers’ prices and in exchange rates may be passed on in the non-fixed agreed price of new cars.
3. The seller may require that the buyer submits a bank guarantee without expiry date  for the agreed amount at the moment of sale, collection takes place on the day of delivery after approval of the goods to be delivered.

If a bank guarantee causes too much delay in the process, a down payment of at least 33% of the total price agreed can be made as well.

Section 5 • Risk for the car

1. If the car is abroad at the time of sale, the car is at seller’s costs and risk unless agreed otherwise.
2. The car to purchase only becomes property of the seller as soon as it has actually been delivered to the seller. Until that moment the car is at buyer’s costs and risk, this also includes costs of maintenance and possible damage by any cause whatsoever as well any consequences in case of an incomplete registration certificate.

Section 6 • Exceeding of delivery date

1. When exceeding the expected date of delivery of the car, the buyer can declare the seller in default.
2. If the car still hasn’t been delivered eight weeks after serving notice upon the seller, the buyer has the right to terminate the agreement without judicial intervention. In case the seller still delivers the car within the determined period of six weeks, possible price-rises within these period will not be passed on to the buyer.
3. If the seller accountably fails with regard to exceeding the expected delivery date, the buyer may demand a compensation for the damage suffered. When exceeding a fixed agreed delivery date, the buyer has the right to terminate the agreement without serving notice upon the seller or judicial intervention and/or to demand a compensation for the damage suffered, barring force majeure on the side of the seller.   Nonfulfilment by a supplier of the seller, by any cause whatsoever, is also considered as force majeure within the meaning of this article.
4. In case exceeding the date of delivery is due to force majeure on the side of the seller, both buyer and seller have the right to terminate the agreement. The right to terminate the agreements arises as soon as a fixed agreed delivery date has been exceeded. As soon as an expected date of delivery has been exceeded, both parties have the right to terminate the agreement 8 weeks after the notice of default as meant in paragraph 1 or at the moment the seller confirms that he cannot deliver within 8 weeks. In all cases in which the seller can appeal to a situation of force majeure, which will probably last longer than three months, both parties have the right to terminate the agreement. In this last case, the buyer has no right to compensation of any damage and costs, except for possible claims on the basis of imperative right. 

Section 7 • Guarantee on cars and parts/accessories

1. Due to the guarantees mentioned in this article the regal rights - among which the right in accordance with Book 7 of the civil code, which the agreement meets with regard to delivery - which a seller/client not acting in pursuance of his profession or company has for that reason, are not affected.  
2. When visiting the seller of a guarantee issue, the seller puts a replacing car at the buyer’s disposal when it is expected that the buyer cannot use his car for more than two days.
3. On new cars and new parts no other guarantee is applicable than the guarantee provided by the manufacturer or importer, and the Legal rights as mentioned in paragraph 1 of this article.
4. On used cars the seller provides – only in case explicitly agreed upon in writing   - a six months guarantee on technical defects, which – given the state, age, mileage and selling price of the car – in all fairness should not come for the buyer’s expense.
5. Traces of use and product recalls by the manufacturer, upon which the previous owner of a used car did not act, are not covered by the guarantee.
6. The seller has checked the mileage upon purchase and shall clearly state it in the sale agreement. The seller vouches for the correctness of the mileage stated, unless explicitly mentioned in the agreement that it is illogical, while the buyer has explicitly accepted it in writing. Separately delivered used parts are never covered by the guarantee.
7. Defects arising outside the European Economic Area are not covered by the guarantee on used cars, unless the buyer proves that the defects are not caused by circumstances over there which deviate from those in the European Economic Area (inferior roads, inferior fuels etc.).    
8. If the car is imported from outside the European Union, the specifications and versions may deviate from the specifications for the Netherlands stated by the manufacturer or importer. Such deviations are not considered as defects and are not covered by the guarantee.
9. There is never given any guarantee on convertible tops and accessories.
10. Motor damage and the effects of motor damage as a result of LPG installation are never covered by the guarantee or full guarantee.
11. Audio and video equipment installed ex works is never covered by the guarantee, these are not suitable for use outside the US, see section 7, paragraph 7.
12. In case of participation in rallies driving proficiency trainings and speed tests in which form whatsoever and tuning by means of chips / software of power increasing components, the guarantee on the delivered car and any installed/sold parts will lapse completely and immediately at all times.

Section 8 • Payment

1. The debts from buyer to seller are debts payable at the address of the payee. Payment must be made in cash upon delivery of the car or parts or executed services and labour. Payment in cash also means transfer of the payable amount at the moment of delivery  to a bank account indicated by the seller.
2. In case a different payment term has been explicitly agreed upon in writing, the seller has the right to monthly charge the statutory interest on the unpaid amounts.  In this case, a part of a month from the moment the payment should have been settled, counts as a complete month. This increase of the payable amount is considered as a condition that the seller granted postponement of payment, buy herewith the obligation of payment in cash by the buyer won’t lapse. The increase takes effect one month after the date of invoice.
3. If parties have waived payment in cash and have not explicitly agreed upon a moment of payment in writing, the payment term is one month. In this case the buyer is obliged to pay the statutory interest from one month after delivery of the car.
4. In case the buyer fails to pay the amount due after injunction, the seller is entitled to raise this amount with the costs of debt collection. These costs of collection contain both the legal and non-legal expenses. Non-legal expenses are all costs that the seller will be charged for by lawyers, attorneys, bailiffs and any other who has been engaged to collect he amount due.
5. The non-legal costs are set on at least 15% of the amount due or the actual costs made by the seller for the debt collection as mentioned in the previous paragraph.

Section 9 • Retention of title
The car supplied shall remain property of the seller as long as the buyer has not fully settled what he is obliged to on the basis of the sale agreement. As long as the ownership of the car has not been transferred to the buyer, the seller is obliged to insure (WA ( third-party liability) + casco) and maintain the car   The seller is no way obliged to safeguard the buyer against his liability as holder of the car. On the other hand the buyer safeguards the seller against claims, which third parties may have on the seller and can be associated with the retention of title.  

Section 10 • Liability tuning, tuning-, sports- and race parts.

If the ordered, delivered or mounted parts are not mounted on the car as standard parts as delivered ex works, these parts are considered to be race- or sports parts. The buyer is aware that this brings a different performance, different maintenance intervals and more noise and that it could cause damage to original parts, personal injuries or injury to third parties. The seller or installer can in no way be held responsible for this and the buyer is aware that he is fully liable himself.   . Tuning of motor management or installation of tuning- or race parts are always at sole risk of the buyer.  Buyer is aware that the installation of tuning- and race parts can cause that his car may not meet the applicable legal requirements anymore.  

Section 11 • Applicable law and competent court
On all agreements with the seller only Dutch law is applicable. The civil court in Amsterdam has exclusive jurisdiction to take cognizance of disputes between parties.