General terms and conditions

Article 1 – Definitions

In these general terms and conditions the following terms are understood to mean:

Entrepreneur: The Windmill BV.
Purchaser: any natural or legal person who acts in the exercise of a profession or business and enters into an agreement with the Entrepreneur.
Agreement: any purchase agreement and/or other agreement between Entrepreneur and Purchaser.
Products: all items supplied by the Entrepreneur.

Article 2 – Identity of the entrepreneur

The Windmill BV
Domstraat 39
3864 PN Nijkerkerveen
The Netherlands

Chamber of Commerce number: 68607849
VAT number: NL857518203B01
E-mail: info@thewindmillcastiron.nl

Article 3 – Applicability

  1. These general terms and conditions apply to all offers, quotations and Agreements of the Entrepreneur.

  2. General terms and conditions of the Purchaser are expressly rejected.

  3. Deviations from these conditions are only valid if agreed in writing.

  4. If any provision is found to be void or voidable, the remaining provisions shall remain in full force and effect.

Article 4 – Offers and conclusion of agreements

  1. All offers and quotations are without obligation.

  2. An Agreement is concluded by written confirmation by the Entrepreneur or as soon as the Entrepreneur has commenced implementation.

  3. Obvious errors or mistakes in offers or confirmations do not bind the Entrepreneur.

Article 5 – Prices

  1. All prices are exclusive of VAT and other charges.

  2. Delivery is ex warehouse (Ex Works).

  3. The entrepreneur is entitled to pass on price increases if these result from rising purchase prices, raw material prices, transport costs or other cost-increasing circumstances.

Article 6 – Delivery and risk

  1. Delivery takes place ex-warehouse of Entrepreneur.

  2. The risk of loss or damage to Products shall pass to Purchaser once the Products leave the warehouse.

  3. Delivery times are indicative and never fatal deadlines.

  4. Exceeding a delivery term does not entitle you to compensation, termination or suspension.

Article 7 – Retention of title

  1. All delivered Products remain the property of the Entrepreneur until full payment of all claims under the Agreement has been made.

  2. As long as ownership has not been transferred, the Purchaser is not entitled to pledge, encumber or otherwise dispose of the Products other than in the normal course of its business.

  3. If the Purchaser fails to fulfil its obligations, the Entrepreneur is entitled to take back the delivered Products.

Article 8 – Payment

  1. Payment must be made within 30 days of the invoice date, unless otherwise agreed in writing.

  2. The entrepreneur is entitled to request advance payment or additional security before proceeding with delivery.

  3. If the payment term is exceeded, the Purchaser will be in default by operation of law without further notice of default.

  4. From the moment of default, the Purchaser shall owe statutory commercial interest.

  5. All extrajudicial and judicial collection costs shall be borne by the Purchaser.

  6. Offsetting or suspension by the Purchaser is excluded.

Article 9 – Warranty and complaints

  1. Warranty is limited to the factory warranty provided by the manufacturer.

  2. Visible defects must be reported in writing within 8 days of delivery.

  3. Hidden defects must be reported in writing within 8 days of discovery.

  4. In the event of a justified complaint, the Entrepreneur is only obliged to repair or replace the Product in question.

  5. Further claims are excluded.

Article 10 – Returns

Returns will only be accepted with the prior written consent of the Entrepreneur. Products returned without permission will not be accepted.

Article 11 – Liability

  1. The Entrepreneur's liability is limited to direct damage that is the direct result of an attributable shortcoming.

  2. Liability for indirect damage, consequential damage, loss of profit, lost savings, business damage or damage due to stagnation is excluded.

  3. The total liability of the Entrepreneur is in all cases limited to a maximum of the invoice amount of the relevant delivery to which the liability relates.

  4. Purchaser indemnifies Entrepreneur against claims from third parties arising from resale or use of the Products.

Article 12 – Force Majeure

  1. In the event of force majeure, the Contractor is entitled to suspend the performance of the Agreement or terminate it in whole or in part without liability for damages.

  2. Force majeure includes, but is not limited to: transport problems, delivery problems at suppliers, government measures, strikes, pandemics, disruptions in production or logistics and other circumstances beyond the control of the Entrepreneur.

Article 13 – International

  1. All Agreements are exclusively governed by Dutch law.

  2. The Vienna Sales Convention (CISG) is expressly excluded.

Article 14 – Disputes

All disputes arising from or related to Agreements between the Entrepreneur and the Purchaser shall be submitted to the competent court in the district where the Entrepreneur is established.