General Terms and Conditions

General Terms and Conditions of Sale and Delivery

1. Applicability
1.1 These general terms and conditions apply to the conclusion of agreements by AutoHam for the sale and/or delivery of used vehicle parts and the execution of such agreements. The Warranty Terms of AutoHam apply to these agreements for the sale and/or delivery of used vehicle parts.
1.2 If the buyer is a legal entity, a general partnership, or a limited partnership, the person acting on its behalf is deemed to have personally committed as a jointly and severally liable debtor, unless AutoHam explicitly agrees otherwise in writing.

2. Agreement
2.1 If the agreement is concluded in writing or electronically, it comes into effect on the day of signing the contract by AutoHam or on the day of sending the written or electronic order confirmation by AutoHam.
2.2 Oral promises and agreements with subordinates of AutoHam do not bind AutoHam unless and insofar as they have been confirmed in writing or electronically by AutoHam.

3. Prices
3.1 Unless otherwise indicated, all amounts are exclusive of any deductions or discounts and inclusive of VAT, whether or not calculated through AutoHam’s VAT margin scheme.
3.2 Prices are calculated for delivery ex works unless explicitly stated otherwise.
3.3 Price quotations, offers for sale, and specifications contained in general offers, such as catalogs, price lists, and other printed materials, are non-binding. They do not bind AutoHam, and the buyer cannot rely on them unless otherwise agreed or stated.

4. Delivery
4.1 Delivery takes place ex workshop or warehouse. The buyer has an obligation to accept the goods.
4.2 The risk of the sold goods passes to the buyer at the moment the goods are ready for delivery or shipment.
4.3 The sold goods will be delivered "as is" in the condition they are at the time of concluding the agreement.
4.4 Transport of parts by AutoHam is entirely at the expense and risk of the buyer.

5. Delivery Time
5.1 Delivery times are determined by AutoHam in consultation and approximately. Delivery times shall never be considered as strict deadlines. The delivery time starts upon verbal or written order confirmation.
5.2 In case of late delivery, AutoHam is not liable for damages suffered by the buyer due to late delivery, unless the buyer has put AutoHam in default in writing and granted AutoHam a period of at least half of the originally agreed delivery time to still fulfill its obligations.
5.3 To the extent permitted by law, the buyer cannot dissolve an agreement due to a missed deadline unless the period referred to in the last part of section 2 of this article has expired, and it is unreasonable to expect the buyer to maintain the agreement.

6. Payment
6.1 Unless otherwise agreed, payment shall be made in cash. In remote purchases, various payment methods may be offered, including iDEAL, PayPal, and credit cards in a secure environment, as well as the option for a one-time direct debit authorization.
6.2 In case of purchase on invoice, payment must be received within fourteen days of the invoice date.
6.3 If no or incomplete payment has been made by the due date, the buyer is in default without the need for a notice of default or reminder and is immediately liable to pay statutory interest per month or part of a month on the outstanding amount, calculated from the due date.
6.4 In the case of section 3 of this article, AutoHam has the right within the period of Article 7:44 BW to reclaim the purchased item through an extrajudicial declaration. This declaration dissolves the purchase agreement.
6.5 All costs, both judicial and extrajudicial—including collection agencies, bailiffs, and lawyers—incurred by AutoHam in enforcing its rights against the buyer shall be borne by the buyer.

7. Retention of Title
7.1 As long as the buyer has not fully met the obligations owed to AutoHam arising from or related to the delivery, the delivered goods remain the property of AutoHam.
7.2 The buyer is not entitled to resell, lend, pledge, or transfer ownership of the delivered goods as long as they have not been paid for.
7.3 The buyer bears the risk for unpaid goods regarding all direct and indirect damages caused by themselves or any other party.

8. Deficiencies/Complaints
8.1 The buyer is required to carefully inspect deliveries for any deficiencies, such as deviations from specifications and other observable shortcomings.
8.2 The buyer must allow AutoHam to inspect any reported deficiency.
8.3 Deficiencies in the delivered goods do not entitle the buyer to dissolve the agreement unless AutoHam fails to remedy the deficiency after repeated attempts.

9. Force Majeure
9.1 If AutoHam fails to fulfill its obligations due to circumstances beyond its control, such failure cannot be attributed to AutoHam.

10. Use of the Goods
10.1 The buyer must use the delivered goods in accordance with their nature and purpose and comply with all legal usage regulations and, where applicable, AutoHam’s prescribed usage instructions.

11. Liability
11.1 AutoHam’s liability for damages arising from or related to deliveries, insofar as legally permissible, is limited to the invoice amount.

12. Dissolution
12.1 Dissolution of the agreement must be effected by a written statement from one of the entitled parties.

13. Disputes
13.1 All transactions between AutoHam and the buyer are exclusively governed by Dutch law.
13.2 All disputes arising from agreements with AutoHam shall first be submitted to the complaints committee.

General Terms and Conditions of Sale and Delivery, December 2021