Article 1. Definitions
1.1. Understood by ‘the business’ in the present conditions is Quattropack, trade name of Nebig Verpakkingen B.V. It includes BigBags-shop.com.
1.2. Understood by ‘buyer’ in the present conditions is: those whose reach or have reached an agreement with Quattropack.
Article 2. Applicability
These conditions are applicable to and are an integral part of every offer and every agreement between the business and the buyer, and of all arrangements resulting from them. The applicability of the general conditions of buyer is emphatically rejected.
Article 3. Offers
The offers issues by the business are non-committal. The prices listed in an offer are exclusive of VAT, unless indicated otherwise.
Article 4. Delivery
4.1. Deliveries are effectuated Ex Works, unless explicitly agreed on otherwise in writing. The trading condition Ex Works, or any other Incoterm agreed on, has the meaning as was recorded in the latest version of the Incoterms, published by the international Chamber of Commerce.
4.2. The buyer is obligated to receive all matters acquired at the agreed on time, or in case of lack thereof, at the time indicated by the business. If the buyer does not take care of reception of the acquired goods completely and/or timely, or if he is negligent in providing the information or instructions that are necessary for the (timely) delivery, matters will be stored at the expense and risk of the buyer.
4.3. Delivery is considered to have taken place by reception of the goods by buyer, or, in case of shipment through a forwarder, by transfer of the goods to the forwarder.
Article 5. Delivery time
5.1 An agreed on delivery time is not a fatal term, unless explicitly agreed otherwise in writing. In case of late delivery, therefore, the buyer must declare the default of the business in writing. Breach of the delivery term does not give the buyer the right to cancel the order or to refuse part of, or an entire, delivery, nor does it oblige the business to give any compensation to the buyer.
5.2 The business has the right to modify a term that was agreed on if, and to the extent, the buyer persists in failing to provide the information the business needs to execute the order.
5.3 In case of an arrangement to pay in installments, delivery time may be suspended for as many days as the payment term is exceeded by the buyer.
Article 6. Partial deliveries
6.1 The business may deliver sold goods in portions (batches).
6.2. If the goods are delivered in portions, the business is entitled to invoice each portion (batch) separately.
Article 7. Quality
7.1 The sold goods must be endowed with the characteristics the parties established in writing. The business does not guarantee in the present general conditions or in any other document signed by parties, except for what is stipulated otherwise, any other characteristic of the goods sold than what was agreed on in writing.
7.2 If the goods sold are destined for any particular application that entails exceptional risks or quality requirements, the buyer must communicate such emphatically in advance to the business, after which this particular application will be recorded in the written agreement, failing which regular use will be assumed.
Article 8. Modifications to goods to be delivered
The business is authorized to supply goods that differ from what was agreed on if it regards changes to the goods to be delivered, to the packaging or the relevant documentation that are required to comply with the applicable legal provisions.
Article 9. Tolerances
9.1 The business will be considered to have performed adequately, if the specifications of the goods delivered remain within the tolerances listed in article 23. In case of breach of these tolerances, minor deviations in color, thickness, quality, dimensions, and other such aspects, will only be considered to be shortcomings if the buyer proves that the variation compromises the functionality of the sold goods.
9.2 Also in case more stringent specifications have been established in writing, minor deviations in color, thickness, quality, dimensions, and other such aspects, will only be considered to be shortcomings if the buyer proves that the variation compromises the functionality of the sold goods.
9.3 If the business, on request by the buyer, applies printing to the packaging, the business will follow the instructions of the buyer as much as possible.
The business does not guarantee the legibility of the printing by the devices used for this purpose by the buyer or its customers. Deviations in this area are never considered a shortcoming on the part of the business.
9.4 If, on request by the buyer, the business applies printing to the sold goods, the business will use the color-code or color-sample submitted by the buyer, for example PMS-code(s). Due to the material used, color deviations may occur. Deviations in this area will not be considered a shortcoming on the part of the business.
Article 10. Termination of the agreement
10.1. Claims of the business on the buyer become immediately enforceable in the following cases:
• After circumstances have come to the cognizance of the business that are sound grounds to fear the buyer will not fulfill its obligations.
• If the business has requested the buyer to lodge a security pursuant to article 15.7 of these conditions, and the security fails to materialize, or is insufficient.
• If the buyer comes to fall under liquidation, bankruptcy, or suspension of payment.
In the cases mentioned, the business is entitled to suspend (further) fulfillment of its obligations from the agreement, or to proceed to dissolve the agreement, without prejudice to the right of the business to claim damages.
10.2. If circumstances occur with regard to persons and/or material the business deploys for the fulfillment of the agreement, or that it commits itself to deploy, that are of such a nature that executing the agreement becomes impossible, or so onerous and/or disproportionately expensive, that compliance with the agreement could no longer be reasonably demanded, the business has the right to dissolve the agreement.
Article 11. Retention of title
11.1. The goods delivered by the business will remain the property of the business until the buyer has fulfilled all obligations listed below that flow from any agreement closed with the business:
• Compensation(s) for goods to be, or that have been, delivered by the business;
• Compensation(s) for services to be, or that have been, provided by the business;
• Eventual claims of the business on the buyer on account of failure to fulfill, on the part of the buyer, one or more obligations that flow from the agreements closed with the business.
11.2. Goods delivered by the business that, pursuant to paragraph 1, fall under the retention of title, may only be sold off within the context of regular business operations. The buyer is not entitled, for that matter, to pledge, or establish any other title on the goods as long as they are the property of the business.
11.3. If the buyer does not fulfill its obligations, or if well-founded doubts prevail to that effect, the business has the right to remove, or have removed, goods that have been delivered to which the retention of title intended in paragraph 1 applies, from the premises of the buyer or those of third parties. The buyer is obligated to cooperate to that purpose, under penalty of payment of a fine of 10% daily over the amount owed.
11.4 The business has the right to recover as many delivered goods from the buyer as the selling of which will cover, through direct or auctioned sale of the recovered goods, the entire claim of the business, including expenses, (legal commercial) interest, and possible damages.
11.5 The buyer commits itself to:
•Keep the goods delivered under retention of title with care and identifiable as being the property of the business;
•Insure the goods delivered under retention of title against the risk of fire, explosion, and flooding, as well as against theft, and to present the policy of said insurance at first request by the business for inspection;
•To pledge all claims of the buyer on insurance companies with regard to goods delivered under retention of title to the business;
•To pledge the credit the buyer obtains through the sales of goods delivered under retention of title to the business;
•In case of seizure, suspension of payment, or bankruptcy, the buyer will forthwith inform the judicial officer effectuating the seizure, the administrator, or the liquidator, of the (property) rights of the business;
•To cooperate in any way on all reasonable measures the business wants to take for the purpose of protecting its property rights to the goods, and which do not unreasonably hamper the buyer in its regular business operations;
•As long as the business remains the owner of the goods delivered, the buyer will inform it immediately in writing as soon as any part of the products is lost, damaged, or sequestered, or if any claim to the same effect. In addition, the buyer will inform the business at first request what the whereabouts of the delivered goods are.
11.6 The buyer commits itself, furthermore, to stipulate the retention of title intended in the present article in writing towards customers/third parties, prior to, or at the latest on the moment of, the conclusion of the transaction with the customers/third parties.
Article 12 Right to return
12.1 We acknowledge your right to return an item from the webshop after consultation and statement of reasons, and within 7 days. It must regard an item from the webshop, though, and not a customized big bag. If the product hasn’t been used yet and is shipped back in good order (undamaged), we will refund the money. The cost of returning it is charged to the customer.
12.2 If you wish to return a product, you can send it to the address below.
De Veken 229,
1716 KJ Opmeer,
Tel. +31 (0)226 – 332933
Fax. +31 (0)226 – 332930
Article 13 Defects; complaint terms
13.1 The buyer must inspect (or have inspected) the goods he acquires on delivery, or as soon as possible afterwards. This means the buyer must ascertain whether the material delivered corresponds to the agreement, i.e.:
• whether the right items have been delivered;
• whether the quantity of the delivered items corresponds with what was agreed;
• whether the delivered items comply with the established quality requirements.
13.2 If visible defects or shortcomings are ascertained, the buyer must report them to the business within 24 hours after reception. A non-written notification must be confirmed in writing within three days following reception by the buyer. The buyer, or alternatively the person taking care of reception on behalf of the buyer, on reception of the goods must also leave a written description on the shipping documents accompanying the goods, confirming the fact that the complaint pertained at the moment the goods were delivered. The buyer must keep the goods the complaint is submitted for carefully, in such a way as to prevent loss of either quantity or quality.
13.3 The buyer must report invisible defects within 7 days after discovery, but in any case within 14 days after delivery, in writing to the business. Any right to compensation for damages for invisible defects will expire after 14 days, which term commences on the day of delivery.
13.4 After reception of the item, we will inspect it for the defect, repair and ship it back. In case this proves impossible, we will refund the money.
Article 14 Price increase
14.1 If the business agrees on a certain price with the buyer, the business still retains the right, after adoption of the agreement, to pass on increases in wages or other price-determining factors on to the buyer, prior to the established moment of delivery.
14.2 Price increases that result from additions and modifications to the order are charged to the buyer. In case the price increase is not the result of additions or modifications to the order on request of the buyer and amounts to more than 15%, the buyer has the right to dissolve the agreement within 30 days after the price increase is communicated to him.
Article 15 Payment
15.1 Payment is settled in advance, through the payment tool prepared on the website.
15.2 Claims for compensation of damage do not suspend the obligations to pay on the part of the buyer.
15.3 For orders requiring an extended preparation time, the buyer may request payment in installments, the terms and amounts for which must be agreed on in advance.
15.4 The buyer does not have the right to set off amounts the business charges to it pursuant to the agreement pertaining between them.
15.5 The buyer is obligated, at the first request by the business, to pledge a security for what the buyer owes, or will owe, to the business.
Article 16 Limitation of credit
If the invoice sent to buyer states that a limitation of credit is applied, the business is entitled to apply a surcharge for the limitation of credit of 2%, unless the invoice indicates another percentage. The surcharge for the limitation of credit is not payable if the buyer settles the invoiced amount within 5 days following the invoice date.
Article 17 Collection costs
17.1 If the buyer is in default with regards to compliance with one or more of its obligations, all costs that could reasonably be incurred by the business for the purpose of extra-judiciary redress, will be charged to the buyer. The buyer will in any case be owing:
- 3% on the difference. In case the business proves to have incurred higher costs that were reasonably required, these must be settled as well.
17.2 The buyer furthermore owes the business for all legal expenses the business has made through any institution. This only applies if the business and the buyer conduct proceedings with regard to an agreement to which the present general conditions apply, and a judicial decision has become final that rules, fully or substantially, against the buyer.
Article 18 Liability
18.1 The business is not liable for any damage suffered by the buyer, including, though not limited to, material damage, damage due to inactivity, and loss of profit, as a result of the failure to comply, or the inadequate compliance, with the agreement adopted by the business and the buyer, unless the buyer proves that the damage is the direct consequence of actions by the business.
18.2 If the business is liable, the amount of the compensation of damages that it must pay out is limited, in any case, to a maximum equal to the purchase price of the delivered goods that the claim of damages pertains to, with an absolute maximum of € 100,000.
18.3 If the business receives claims for compensation of damages from third parties for damage caused by or relating to matters the business has delivered or is to deliver to the buyer, the latter will safeguard the business against them on first request.
Article 19 Force majeure
19.1 Intended by force majeure are those circumstances that prevent compliance with the contract and which can not be attributed to the business.
These also include:
• strikes at other companies than those of the business;
• unorganized or political strikes at the company of the business;
• a general lack of necessary raw material and of other required material or services that are necessary for the realization of the matter agreed on;
• unforeseeable stagnation at suppliers or other third parties the business depends on, as well as general transportation issues.
19.2 The business also has the right to invoke force majeure if the circumstance that impedes (further) compliance manifests itself after the business should have honored its commitment.
19.3 During force majeure the delivery and other obligations of the business are suspended. In case the period during which fulfillment of the obligations by the business due to force majeure lasts longer than 8 weeks, both parties are authorized to dissolve the agreement, without an obligation to compensate damage pertaining in such case.
19.4 If the business has, when the force majeure occurs, already partially fulfilled its obligations, or can only partially fulfill its obligations, it has the right to separately invoice those matters that have been delivered, or the deliverable part, and the buyer will be obligated to settle this invoice as if it pertained to a separate contract. This does not apply if the matters delivered or those to be delivered do not possess value independently.
Article 20 Expiry
20.1 Without prejudice to the provisions of article 12, it is established that any claim on the business lapses on the conclusion of a 1-year cycle.
20.2 The previously mentioned expiry term commences on the day following the claim becomes effective, or alternatively on the day following the one the buyer becomes aware of the damage.
Article 21 Applicable law
21.1 To all offers of the business, and to any agreement between the business and the buyer, Netherlands law exclusively applies.
21.2 The applicability of the Vienna Convention 1980 (United Nations Convention on Contracts for the International Sale of Goods) is emphatically excluded.
Article 22 Competent Court
Any dispute between the business and the buyer will be submitted, to the exclusion of any other (arbitrary) court, to the competent Court in Alkmaar (the Netherlands). The business, however, will remain competent to sue the buyer before the competent court according to legislation or the applicable international law.
Article 23 Deviations
Unless established otherwise in writing, the following deviations are permitted:
Length +/- 3%
Width +/- 3%
Height +/- 5%
Weight +/- 10%
Delivery unit per size +/- 5%
For more stringent quantitative requirements, the price will be augmented with 10%.
Article 24 Contact
24.1 On contacting us, we will respond within 2-3 working days.
24.2 Compensation/new product will be provided within 10 days after reception.
24.3 You can contact us by way of our contact page. We are open from Monday to Friday between 8:00 AM and 5:00 PM.
De Veken 229,
1716 KJ Opmeer,
Tel. +31 (0)226 – 332933
Fax. +31 (0)226 – 332930