General terms and conditions

General terms and conditions

Lunado B.V.
Kiotoweg 411
3047 BG Rotterdam

Registered at the Chamber of Commerce for Rotterdam under number: 50099582 0000

 

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Article 1: Applicability, definitions
1. These terms and conditions apply to all offers of purchase and sale and to all agreements for the performance of work and/or hire and renting of Lunado B.V., registered in Rotterdam, hereinafter referred to as ‘Lunado’.

2. The buyer or hirer or client will hereafter be referred to as ‘the other party’.

3. ‘In writing’ for the purposes of these general terms and conditions shall mean: by letter, email, fax or any other mode of communication that is regarded as equivalent to writing in view of advances in technology and conventional practices.

4. The possible inapplicability of (part of) a provision in these general terms and conditions will leave the applicability of the other provisions intact.

5. These general terms and conditions are also applicable to repeat orders or part-orders or follow-up orders arising under the agreement.

6. If Lunado has sent these general terms and conditions to the other party several times, there is a steady trade relationship. In that case Lunado does not have to send these general terms and conditions each time to the other party for these to apply to subsequent agreements.

Article 2: Concluding agreements
1. The agreement will be concluded after the other party has accepted the offer made by Lunado, even if this acceptance differs from the offer with regard to minor issues. However, if the acceptance of the other party differs from the offer with regard to key issues, the agreement will only be concluded if Lunado has explicitly agreed with these deviations.

2. If the other party contracts Lunado or places an order with Lunado without a prior offer, Lunado is only bound to this contract or order after it has confirmed this to the other party in writing.

3. Lunado is only bound by verbal agreements after confirming these to the other party in writing or as soon as Lunado has begun with the implementation of these agreements - without objection from the other party.

4. Additions or changes to the general terms and conditions or the agreement only bind Lunado after having been confirmed in writing to the other party.

Article 3: Offers, quotations, prices
1. All offers or quotations made by Lunado are free of obligation, unless they contain a term for acceptance. If a quotation or offer contains an offer that is free of obligation and this offer is accepted by the other party, Lunado is entitled to withdraw the offer within 2 working days of receipt of the acceptance.

2. The prices quoted in the offers, quotations, price lists, etc. are excluding VAT and any costs, such as transport or shipping fees, assembly costs, administration fees and third party expense claims.

3. A composite price quote does not require Lunado to deliver a part of the offer included in this price quote against a corresponding part of the price.

4. If the offer is based on data supplied by the other party and these data appear to be incorrect or incomplete, or are subsequently amended, Lunado is entitled to adjust the prices and/or delivery dates specified in the offer.

5. Offers, quotations and prices do not automatically apply to repeat orders or follow-up orders.

6. Shown and/or provided samples and models, statements of colours, dimensions, weights and other descriptions in brochures, promotional material and/or on the Lunado website are as accurate as possible, but are for reference only. The other party can derive no rights from these.

7. The samples and models mentioned in the previous paragraph remain the property of Lunado and must be returned to Lunado at its first request and at the expense of the other party.

8. If, between the date of conclusion of the agreement and its implementation, (cost) price-increasing circumstances arise for Lunado due to legislation and regulations, currency fluctuations or price changes at third parties or suppliers etc. engaged by Lunado, Lunado is entitled to increase the agreed price accordingly and charge this to the other party.

Article 4: Engagement of third parties

If a proper execution of the agreement requires this, Lunado has the right to have certain deliveries or activities performed by third parties. The above is at the discretion of Lunado.