General terms and conditions

1. General Terms and Conditions incl. Terms of delivery

1.0 Typos, model and price changes for the entire website.

1.1
In these conditions CelTemp Services & CelTemp Car Equipment & Eurojetracing, established in Ridderkerk at the Willem Pijper 3, referred to as Celtemp and its contract partner as a customer.

1.2
These general conditions apply to all offers and agreements with Celtemp.

1.3
In addition to these general conditions Celtemp can use additional conditions which are specific to the type of transaction c.q. nature of the work. The additional conditions are part of these terms and conditions.

1.4
A customer who has contracted, is considered possibly followed by him orally, in writing, by telegram or telex to give orders or to be entered into tacit agreements with the applicability of these terms and conditions to be agreed in accordance with these terms and conditions Celtemp.

2. Offers

2.1
Quotations are free, unless otherwise stated in the offer.

2.2
The price lists and price listings and banners Celtemp is no offer.

3. Conclusion of the agreement

3.1
Agreements can only be concluded after an order or repair order of Celtemp feasibility is assessed. Celtemp has the right to reject without giving reasons, orders or contracts or only to accept the condition that the shipment takes place on delivery or prepayment, in which case the buyer will be informed accordingly.

4. Images

4.1
All images, drawings, information on weights, dimensions, colors, etc. included in price lists and flyers and banners, are only approximate and can not lead to compensation and / or dissolution.

4.2
All by or on behalf of Celtemp made designs, images, etc. provided remain the property of Celtemp in paragraph 1 and may not be copied without express written consent or reproduced in any way, nor are displayed or used in any way to third parties.

4.3
The customer is obliged to return this information upon request to Celtemp on pain of a fine for the benefit of Celtemp of € 453.78 per day, for each day that this contractor is in default.

5. Prices

5.1
Things (goods) of Celtemp be supplied at the prices prevailing at the date of placing the order. The Celtemp services are provided at the price Celtemp after providing services to its usual manner.

5.2
Orders for an amount for shipping and handling can be charged under a certain net worth. The costs of shipping by express will only be borne by the buyer when it has requested such a shipping method.

6. Shipping / delivery

6.1
Unless otherwise agreed, Celtemp determine the method of shipment. In case Celtemp chose the shipping method, the business’s risk Celtemp. The customer bears the risk of the goods from the moment at which the goods are offered for delivery to the specified address.

6.2
The customer is obliged upon delivery to receive the goods. Failing this, the goods are stored at the expense and risk of the buyer.

6.3
In case the customer despite a demand to this end business has subsequently not collected within three months of entering through Celtemp warehouse Celtemp have the right things to her choice privately or publicly to sell and recover from the proceeds all that it has to be recovered from the recipient, subject to the rights accruing to Celtemp

7. Delivery terms

7.0
To deliver ordered www.celtemp-services.nl products through the website is a time to put up to 14 days, unless otherwise indicated

7.1
The delivery period starts when all technical details have been agreed and after all for the execution of the agreement holds the necessary information and drawings of Celtemp and it has been paid already known product.

7.2
Delivery terms are deemed to be approximate.

7.3
The agreed delivery deadlines do not purport to Celtemp after the expiry thereof shall automatically be in default, but to do so is always required a further written notice, which Celtemp will be given a period of 14 days to fulfill its verplichtigingen.

7.4
Exceeding a delivery, the buyer shall never be entitled to any compensation on termination of the agreement or any other action against Celtemp. This is different only in case of intent or gross negligence of Celtemp or its managerial personnel, or if the delivery is exceeded by more than three months. If the customer has the right to terminate the contract, but without being able to claim any compensation.

8. Submission on

8.1
The goods delivered by Celtemp only be considered as consignments for shows, exhibitions and other display purposes when Celtemp confirmed in writing in advance by Celtemp.

8.2
Also on consignments all provisions of these terms and conditions apply, except that the customer the delivered goods shall be deemed to have ordered himself and the recipient is owed then current price, if things do not immediately after the in confirmation period to be at the expense and risk of the customer to the address returned by specifying Celtemp in the original packaging and in the condition Celtemp delivered these goods to the customer.

9. Payment

9.1
Payment shall, unless otherwise agreed in writing or orally, be made in cash at the actual delivery of the goods or after the provision of the agreed services. In case Celtemp sends an invoice, payment must be made within 8 days after the invoice date unless otherwise agreed in writing.

9.2
By the buyer Payments made in settlement of interest and costs and then the invoices which the longest, even if the customer states that the payment relates to a later invoice.

9.3
If the buyer does not cash the bill is paid on the due date, there is no prior notice to Celtemp interest of 1.5% on the outstanding amount per month, of a month for a whole will be charged.

9.4
If the customer has his amount due is not paid within the prescribed period and Celtemp proceeded to collect the claim by judicial or other means, the buyer is obliged to pay Celtemp compensation due to the associated costs in accordance with the collection rate of the Dutch Bar Association, but with a minimum of € 113.45 per invoice.

9.5
Late payment Celtemp entitles its part to suspend its performance under this and / or other agreements with the customer, or dissolve without the purchaser is entitled to damages or rescission of the contract and without prejudice to a possible loss , lost profits and other consequential damages.

9.6
Celtemp is at all times entitled to demand that the customer provide sufficient security for the payment of benefits by doing Celtemp, all this in a manner to be specified by Celtemp.

9.7
The customer is not allowed to apply set-off.

9.8
The treatment complaints and / or warranty claims do not entitle to delay payment or partial payment. This only after consultations.

9.9
Substitutes are accepted under charging discount costs and only after prior agreement and only for the purpose of payment. Celtemp does not guarantee the timely provision of the bills.

9:10
Checks, bills of exchange and foreign currencies are only valid as payment after their redemption.

9:11
Celtemp capable of any of its customers in a current account relationship.

10. Retention of title and lien

10.1
The ownership of the delivered goods is expressly reserved by Celtemp until full payment, including reimbursement of all costs and interest, including previous and subsequent deliveries and services, as well as damage claims for failure to comply has occurred.

10.2
It is the buyer not be disclosed without the written consent of Celtemp, to dispose of before, rent, donate used or move outside his business, pledge or to complaints otherwise.

10.3
The customer undertakes at the first request of Celtemp to make the goods to Celtemp available and already now irrevocably grants permission to Celtemp or the persons designated by Celtemp, where to enter the business is located, in order business with to take.

10.4
Celtemp provided pursuant to subsection 1 to the buyer ownership of the items listed when the buyer already verplichtigingen fulfilled, but subject to the lien of Celtemp for other claims Celtemp has on the customer. The buyer will first request Celtemp cooperate in actions that are required in that respect, on pain of a penalty of € 453.78 for each day that the customer thus remains negligent.

10.5
Or parts thereof, which are replaced under warranty or a repair job, or continue to be owned by it Celtemp in full satisfaction of all amounts due from the customer Celtemp took place.

11. Complaints

11.1
Complaints in general and complaints about invoices must be made within eight days of receipt of goods or invoices, or within eight days after any lack of business is or should have been discovered discovered in writing and with a proper description of the complaint to Celtemp known to be created. After the expiry of this period Celtemp is deemed to have fulfilled its verplichtigingen correct and it is assumed that the customer’s business c.q. invoices correctly recognizes.

11.2
Complaints never give the buyer the right to suspend payments.

11.3
If a complaint is justified by Celtemp, Celtemp have the right to elect: A: to review the bill and amend the invoice amount accordingly; B: replace the goods delivered by a case with the same specifications or to repair in which the replaced goods or parts are delivered to Celtemp; C: to take back the goods delivered and to terminate the contract and receive a refund of the invoice amount to be paid by the customer without any compensation.

11.4
The customer must offer to repair any defects in a particular case Celtemp immediately occasion.

11.5
Possible return of goods to or from the purchaser’s expense and risk of the buyer. Celtemp accept returned goods only if and insofar as this return advance written consent, and then only if these matters to be delivered address by specifying Celtemp in the original packaging and in the condition Celtemp delivered these goods to the customer.

11.6
Software where the seal has been broken, can never be returned, even licensies that are used can not be reversed.

12. Warranty

12.1
Celtemp guarantees the quality of its best knowledge and to services provided and the soundness and quality of the goods delivered, provided that the guarantee does not go beyond what is specified in the following provisions.

12.2
One is given two months warranty repairs carried out by us. Delivered goods shall be granted one year warranty unless otherwise agreed in writing. On Turbo’s is only guaranteed if it gives in-house are installed by us or our assembly partners. So in the assembly of customer / or third parties makes no warranty for damage. In an agreement with Celtemp for the return of a turbo is it to be back in our possession within 8 weeks, if this is not the case voids all warranties and agreements transmit the return and compensation.

12.3
If the customer to Celtemp gave an order to repair and issued case within three months after the issue date against payment of the amount due has been removed due examination or repair, is to have done it considered from the submitted products for repair for the purpose of Celtemp. The buyer will then indemnify Celtemp for all claims of third parties with regard to this matter.

12.4
By the customer within the warranty proven and Celtemp culpable errors, defects or omissions – to the extent covered by the warranty referred to in this article – to be restored as soon as possible on behalf of Celtemp replaced or taken back against credit.

12.5
On combined products and components thereof and consumables gives Celtemp warranty, unless a written guarantee promised.

12.6
The customer must for replacement or repair eligible to deliver the goods at your own expense and risk to the address specified by Celtemp.

12.7
For issues with other than Celtemp attached certificate of guarantee shall, insofar as it departs from the provisions of these terms and conditions, the provisions of these terms and conditions.

12.8
The buyer can not invoke the warranty provisions:

A:
if the customer’s business has neglected by inexperienced use / installation

B:
if the customer make adaptations to the goods / products has made c.q. has including repairs not performed by or on behalf Celtemp.

C:
by improper or careless use, incorrect connection / installation, incorrect voltage, lightning, damage due to moisture or other external causes or misfortunes.

D:
if the device / product in the usual or specified manner has been maintained in the manual.

E:
if the device / component is used with unsuitable or faulty accessories.

F:
if the customer’s business otherwise handled carelessly.

13. Trademark

13.1
The factory or either trademarks or the type or identification numbers or signs affixed to the goods delivered by Celtemp may not be removed, damaged or altered.

13.2
Celtemp does not guarantee turbo’s products such as these are adjusted by chiptunning for more power as standard. turbo’s without Celtemp mark will not be taken back.

14. Limitation of Liability

14.1
Celtemp nor third parties that it engages in favor of the creation or execution of any agreement, be liable for any damages arising from and related to the agreement that purchaser or any these may incur third party involved in the execution of the agreement , directly or indirectly, no matter what is the cause thereof.

14.2
Notwithstanding the foregoing Celtemp liability shall never be:

A:
failure or late delivery;

B:
for information in brochures, catalogs, advertising material, and similar proposals

C:
in case of non-attributable failures (force majeure), as referred to in Article 15;

D:
if the customer or a third party provided the repair, alter, this used for purposes other than for which it is suitable or intended, the delivered overloaded and otherwise improperly used or installed.

E:
to the property of third parties which are in respect of repair, storage or for whatever reason there’s premises in Celtemp;

F:
corporate and / or consequential damages whatsoever resulting from any cause; G: for damage caused by intent or gross negligence of servants;

G:
for damage caused by software supplied;

H:
for damage resulting from any loss of data as recorded on magnetic media;

I:
for damage caused by the use of a modem connected to the telephone network, including the loss of data, theft of data, inaccurate transmission of data, corruption of data or other files as well as keep open telephone lines.

14.3
If Celtemp in any case, despite the above, shall be liable for any damages, Celtemp accepts liability only to the extent that such liability is covered by its insurance, to the amount of the payment made by the insurance.

14.4
If the insurance in any case not going to pay, Celtemp is never liable for more than the invoice amount of the agreement.

14.5
The customer will indemnify Celtemp all third party claims against Celtemp ..

14.6
The exclusions of liability included in these conditions c.q. restrictions do not apply if the damage is caused by intent or gross negligence of Celtemp or its managerial staff.

15. Non-attributable shortcomings

15.1
If, after conclusion of the agreement can not be met by Celtemp due to circumstances at the time of concluding the contract can not be expected were reasonably or injury to Celtemp could not be known, so applies to the buyer for Celtemp as a not (force majeure).

15.2
In circumstances referred to in point 1 shall in any event strikes, government measures, delays in supply, export, riots, war, mobilization, transport impossibilities, import barriers, negligence of suppliers and / or manufacturers of Celtemp and assisting individuals, disease, defects in appliance or means of transport, lockouts or other labor disturbances and events which by Celtemp not reasonably assure his.

15.3
Celtemp in cases of force majeure the right to suspend its verplichtigingen. Celtemp is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall Celtemp obliged to pay any penalty or damages. Celtemp reserves the right to payment for the work already performed and costs incurred.

15.4
Celtemp has no power to suspend, if performance is permanently impossible or the temporary inability continues for more than six months. In these cases the contract can be terminated by either party without the customer, however, entitled to compensation for any damage.

16. Applicable law / jurisdiction

16.1
All agreements are subject to Dutch law.

16.2
The competent court within the district of Rotterdam takes cognizance of all disputes which may arise between Celtemp and customer unless there Celtemp prefer
the dispute to the competent court of the place of residence of the recipient subject, and with the exception of those disputes that fall under the jurisdiction of a magistrate.

17. Reversal
Celtemp Services
William Pijperstraat 3
2983 VP Ridderkerk