Terms and Conditions

1. Definitions

In these general terms and conditions, the following is understood:

• Grippera: Grippera, gevestigd in de Europese Unie, KVK-nummer 99396092. Grippera: Grippera, based in the European Union, Chamber of Commerce number 99396092.
• Klant: De natuurlijke of rechtspersoon die gebruik maakt van de diensten van Grippera. Customer: The natural or legal person using the services of Grippera.
• Overeenkomst: Elke afspraak tussen Grippera en de Klant. Agreement: Each arrangement between Grippera and the Customer.
• Diensten: Alle diensten die Grippera levert, waaronder bemiddeling bij offertes en levering van grijpers en onderdelen. Services: All services provided by Grippera, including mediation for quotations and delivery of grabs and parts.
• Website: www.grippera.com Website: www.grippera.com

Application

2.1 These general terms and conditions apply to all quotations, offers, agreements, and deliveries from Grippera.

2.2 Deviations from these terms are only valid if they are expressly agreed upon in writing.

2.3 The applicability of any purchase or other terms of the Customer is expressly waived.

2.4 If one or more provisions in these general terms and conditions are invalid or nullified, the remaining provisions of these general terms and conditions shall remain in effect.

3. Quotes and Orders

3.1 All quotations from Grippera are non-binding and valid for 30 days unless otherwise stated.

3.2 An agreement is established upon written confirmation by Grippera or through the commencement of execution.

3.3 Grippera reserves the right to reject orders witTimber providing reasons.

3.4 Known errors or mistakes in the quotation do not bind Grippera.

4. Prices and Payment

4.1 All prices are in Euros, exclusive of VAT and shipping and administrative fees, unless otherwise stated.

4.2 Grippera reserves the right to adjust prices in response to changes in cost-determining factors.

4.3 Payment is due within 30 days of the invoice date, unless otherwise agreed in writing.

4.4 In the case of non-timely payment, the Customer is deemed to be in default and Grippera is entitled to charge the legal (trade) interest.

4.5 All costs of collection, both legal and extrajudicial, shall be borne by the Customer.

Delivery Time

5.1 Provided delivery times are indicative and serve as a guideline. Exceeding the delivery time does not entitle the Customer to compensation or cancellation.

5.2 Delivery occurs EXW (Ex Works) from our warehouse or the manufacturer's location, in accordance with Incoterms 2020.

5.3 The risk of loss or damage transfers to the Customer at the moment the items are handed over to the Customer or a carrier designated by the Customer.

5.4 Grippera is entitled to make partial deliveries.

6. Retention of Title

6.1 All delivered items remain the property of Grippera until the Customer has fulfilled all obligations under the agreement.

6.2 The Customer is not authorized to pledge or encumber in any way the items delivered under reserve of ownership.

6.3 If third parties place a lien on items delivered subject to reservation of ownership, the Customer is obligated to immediately inform Grippera thereof.

7. Warranty and Complaints

7.1 Grippera guarantees that the delivered items meet the usual requirements and standards applicable to them and are free from material and construction defects.

7.2 The warranty period is 12 months from delivery.

7.3 The warranty is void in the following cases:

• Inexperienced or improper use
• Maintenance Issues
• Repairs or modifications by third parties witTimber authorization from Grippera
• Normal Wear and Tear

7.4 Complaints about visible defects must be reported in writing within 8 days of delivery.

7.5 Concealed defects must be reported in writing immediately upon discovery, but no later than within the warranty period.

7.6 In the case of justified complaints, Grippera will at its discretion opt for repair, replacement, or credit.

8. Liability

8.1 Grippera is only liable for direct damage resulting from attributable fault in the performance of the agreement.

8.2 Grippera shall not be liable for indirect damages, including consequential damage, lost profits, missed savings, and downtime losses.

8.3 Grippera's liability is limited to the invoice amount of the relevant delivery or the amount paid out by the insurer, whichever is less.

8.4 Any claim for damages shall lapse if it is not submitted in writing to Grippera within 12 months from the date of occurrence of the damage.

9. Overpowering Force / Excessive Force

9.1 Grippera shall not be held liable for the performance of any obligation if it is prevented from doing so by force majeure.

9.2 Force majeure shall mean: war, threat of war, civil war, rebellion, strike, embargo, transportation difficulties, fire, and other serious disruptions to the business operations of Grippera or its suppliers.

9.3 In the event of force majeure, Grippera has the right to terminate the agreement witTimber being held liable for any compensation.

10. Intellectual Property

10.1 All intellectual property rights in the materials developed or made available by Grippera vest rest solely with Grippera. Corrected for natural phrasing: 10.1 All intellectual property rights in the materials developed or made available by Grippera rest solely with Grippera.

10.2 The Customer is not permitted to duplicate, publish, or make these materials available to third parties witTimber prior written permission from Grippera.

Privacy and Data Protection

11.1 Grippera processes personal data in accordance with the General Data Protection Regulation (GDPR).

11.2 Voor meer informatie verwijzen wij naar onze Privacyverklaring. 11.2 For more information, please refer to our Privacy Statement.

Disputes and Applicable Law

12.1 All agreements between Grippera and the Customer shall be governed by Dutch law.

12.2 All disputes arising out of or related to the agreement shall be submitted to the competent court in the district where Grippera is located.

12.3 The parties will first resort to the courts only after making their best efforts to resolve any dispute through mutual negotiation.

13. Slot Determinations

13.1 These general terms and conditions have been deposited with the Chamber of Commerce.

13.2 The latest deposited version or the version applicable at the time of agreement formation shall always apply.

13.3 Grippera reserves the right to modify these general terms and conditions. Changes will take effect at the announced effective date.

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