Terms and Conditions

1.1 These general terms and conditions apply to all legal relationships between X-Wrap Groningen and any third party that commissions X-Wrap Groningen to perform work.

1.2 Changes are only valid if X-Wrap Groningen has accepted them in writing and explicitly.

1.3 If any provision is invalid, the remaining provisions remain in effect.

2.1 The agreement is concluded at the moment the client gives X-Wrap Groningen an order and X-Wrap Groningen accepts it. The invoice also serves as order confirmation.

2.2 All actions arising from the agreement are deemed to be an execution of the agreement.

2.3 If orders are not confirmed in writing, the interpretation is exclusively given by X-Wrap Groningen.

2.4 X-Wrap Groningen reserves the right to refuse orders without giving reasons.

2.5 X-Wrap Groningen is entitled to engage third parties, the costs of which will be charged to the client.

2.6 Orders placed electronically bind the customer without X-Wrap Groningen needing to confirm them.

3.1 All offers and quotations are without obligation, unless recorded in a complete description.

3.2 Specified prices are exclusive of VAT, unless otherwise stated. X-Wrap Groningen has the right to revoke an offer within seven days after acceptance.

3.3a If the cost price increases between the conclusion of the agreement and delivery, X-Wrap Groningen is entitled to pass on these increases.

3.3b Price increases may only be passed on to consumers 3 months after the agreement is concluded.

3.4 X-Wrap Groningen is authorized to engage third parties.

4.1 Specified delivery times are not strict deadlines unless explicitly agreed otherwise.

4.2 In case of partial deliveries, each delivery is considered a separate transaction.

4.3 If delivery proves impossible, X-Wrap Groningen reserves the right to store or destroy goods at the expense of the other party.

4.4 Delivery is made once to the address provided by the counterparty.

4.5 X-Wrap Groningen is entitled to require advance payment or security.

4.6 The method of transport is determined by X-Wrap Groningen, unless otherwise agreed.

5.1 In case of interruptions beyond X-Wrap Groningen’s fault, extra costs are borne by the counterparty.

5.2 In case of impossibility due to force majeure, X-Wrap Groningen is entitled to full compensation for work already performed.

5.3 All expenses at the request of the counterparty are borne by the counterparty.

6.1 Shipping is at the counterparty’s expense and risk.

6.2 X-Wrap Groningen is only liable for transport damage up to the amount for which it is insured.

6.3 The counterparty must insure properly.

6.4 Unaccepted orders are stored at the counterparty’s expense.

7.1 Visible defects must be reported in writing within 24 hours. Other claims within 8 days by registered mail.

7.2 Claims not reported in time expire. Goods are deemed to have been received in good condition.

7.3 Claims do not suspend the payment obligation.

7.4 Return shipments are only at X-Wrap Groningen’s expense with explicit written consent and justification.

7.5 Any right to claim is voided by alteration, modification, or damage after delivery.

7.6 Valid claims are handled in accordance with article 8.

8.1 X-Wrap Groningen accepts no liability for damage, except in cases of gross negligence or intent.

8.2 X-Wrap Groningen does not guarantee the accuracy of information provided by the client. Incorrect information entitles the application of article 16.

8.3 In case of obvious manufacturing defects, X-Wrap Groningen commits to free replacement. The actual lifespan can never be guaranteed.

8.4 Liability is limited to the net sales price of the delivered goods.

8.5a The period within which compensation can be claimed is limited to 6 months.

8.5b For consumers, a maximum period of 6 months also applies.

8.6 Factory warranties apply equally between parties.

8.7 The counterparty loses rights if: a) improper use; b) instructions not followed; c) incorrect information provided; d) intent or gross negligence by auxiliaries.

8.8 Obligations are limited to repair, replacement, or reimbursement. Consequential damage is excluded.

8.9 Liability is limited to the amount paid out by the insurer.

8.10 Damage is mitigated if the price is low in relation to the damage.

9.1 Work is invoiced based on advance invoices and final invoices. Overpaid amounts will be refunded.

9.2 Advance invoices must be paid within 8 days, final invoices within 14 days, without discount or set-off.

9.3 The value date on bank/giro statements applies as the payment date.

9.4 Each invoice is considered a separate claim.

9.5 The client remains liable at all times for outstanding invoices.

9.6 In case of late payment, the client is automatically in default: a) credit limitation surcharge of 2%; b) statutory interest + 4%; c) collection costs at least 15% of the principal sum.

9.7 X-Wrap Groningen may dissolve the agreement in case of non-payment.

9.8 In case of late payment, X-Wrap Groningen may suspend obligations.

9.9 Payments are first applied to interest and costs, then to the oldest invoices.

10.1 The counterparty waives the right to set off counterclaims, even in suspension or bankruptcy.

11.1 X-Wrap Groningen retains all intellectual property rights. Copying or showing to third parties without permission is not allowed. Penalty: €1,000 per day if not returned upon request.

11.2 The right of use arises only after full payment.

12.1 X-Wrap Groningen retains ownership of delivered goods until full payment.

12.2 In case of invocation of retention of title, the agreement is considered dissolved.

12.3 The counterparty shall immediately inform X-Wrap Groningen of claims by third parties on goods with retention of title.

13.1 The counterparty is not authorized to pledge delivered goods or establish a non-possessory pledge.

14.1 The agreement is automatically dissolved in case of bankruptcy or suspension of payment of the counterparty.

15.1 In case of attributable shortcoming, X-Wrap Groningen is entitled to dissolve or suspend the agreement.

15.2 Force majeure includes, among other things: war, government measures, strikes, fire, and natural phenomena.

15.3 In case of breach by the counterparty, all claims become immediately due.

16.1 In case of bankruptcy, business closure, or failure to fulfill obligations, the client is automatically in default.

16.2 X-Wrap Groningen may terminate the agreement, claim amounts, or demand security.

16.3 Amounts already paid will not be refunded.

16.4 Dissolution takes place in writing after a notice of default and a reasonable period.

16.5 The client has no right to dissolution if they themselves were in default.

16.6 In case of agreement to termination without default, X-Wrap Groningen is entitled to compensation for all financial losses.

17.1 The client must immediately inform X-Wrap Groningen in case of force majeure or relevant circumstances.

18.1 Only Dutch law applies, excluding the Vienna Sales Convention.

18.2 Disputes will be settled by the competent Dutch court in The Hague.