General Terms and Conditions (B2B)

General Terms and Conditions of Sale and Delivery — New Delta Europe B.V.

These General Terms and Conditions apply to all offers, agreements, and deliveries by New Delta Europe B.V. to business (B2B) customers.

Article 1 – Definitions

1. "Seller": New Delta Europe B.V., registered at KvK under number 64001695, VATIN NL855483258B01, located at Steenovenweg 36, 5708HN Helmond, The Netherlands.
2. "Buyer": Any natural or legal person acting in the exercise of a profession or business who enters into an agreement with the Seller.
3. "Agreement": Any agreement between the Seller and the Buyer for the sale and delivery of products.

Article 2 – Applicability

1. These General Terms and Conditions apply to all offers, quotations, and agreements between the Seller and the Buyer.
2. The Buyer's general terms and conditions are expressly rejected.
3. Deviations from these terms are only valid if agreed upon in writing.

Article 3 – Offers and Quotations

1. All offers are without obligation unless otherwise stated.
2. Prices are in Euros (€) and exclusive of VAT (BTW) and shipping costs, unless otherwise stated.
3. Obvious errors or mistakes in quotations do not bind the Seller.

Article 4 – Agreement

1. An agreement is formed upon the Seller's written confirmation of an order or upon the Seller's commencement of delivery.
2. The Seller reserves the right to refuse orders without stating reasons.

Article 5 – Prices and Payment

1. All prices are exclusive of VAT and other government levies.
2. Payment shall be made within 30 days of the invoice date, unless otherwise agreed in writing.
3. In case of late payment, the Buyer owes statutory commercial interest (wettelijke handelsrente) pursuant to Article 6:119a of the Dutch Civil Code.
4. All costs of collection, including extrajudicial costs, are for the account of the Buyer.

Article 6 – Delivery

1. Delivery times are indicative and not binding. Late delivery does not entitle the Buyer to compensation or cancellation, unless an agreed firm delivery date has been exceeded by more than 30 days.
2. Delivery takes place Ex Works (EXW Helmond, Incoterms 2020), unless otherwise agreed.
3. Risk of loss or damage transfers to the Buyer upon delivery.

Article 7 – Retention of Title

1. All delivered products remain the property of the Seller until full payment has been received (eigendomsvoorbehoud).
2. The Buyer is not permitted to pledge or encumber the products prior to full payment.

Article 8 – Warranty

1. The Seller warrants that delivered products conform to the agreed specifications.
2. The warranty period is 24 months from the date of delivery, unless otherwise specified per product.
3. Warranty does not cover damage resulting from misuse, improper installation, modifications, or normal wear and tear.
4. In case of a valid warranty claim, the Seller shall, at its option, repair or replace the defective product.

Article 9 – Liability

1. The Seller's total liability is limited to the invoice value of the products giving rise to the claim.
2. The Seller is not liable for indirect, consequential, or incidental damages, including but not limited to loss of profit, loss of data, or business interruption.

Article 10 – Force Majeure

In the event of force majeure (overmacht), including but not limited to natural disasters, pandemics, supplier failures, transport disruptions, or government measures, the Seller may suspend or terminate the agreement without liability.

Article 11 – Governing Law and Disputes

1. These General Terms and Conditions and all agreements are governed exclusively by the laws of The Netherlands.
2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
3. All disputes shall be submitted to the competent court in 's-Hertogenbosch, The Netherlands.

Contact

New Delta Europe B.V.
Steenovenweg 36, 5708HN Helmond, The Netherlands
KvK: 64001695 | VATIN: NL855483258B01
Phone: +31 (0) 492 472460
Monday – Friday: 9:00 – 17:00

Last updated: June 2025