{"id":8626,"date":"2026-03-12T15:52:36","date_gmt":"2026-03-12T15:52:36","guid":{"rendered":"https:\/\/identityflooring.nl\/general-terms-and-conditions\/"},"modified":"2026-03-12T15:52:36","modified_gmt":"2026-03-12T15:52:36","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/identityflooring.nl\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

General Terms and Conditions of Supply of Hamat B.V.<\/strong><\/h1>\n

filed with the Chamber of Commerce on 8 November 2016<\/h3>\n

These General Terms and Conditions are applied by Hamat B.V., with its registered office in Genemuiden, registered with the Chamber of Commerce under number 50141708. <\/p>\n

 <\/p>\n

Article 1 General<\/strong><\/h3>\n
    \n
  1. These General Terms and Conditions apply to all offers, agreements, and other legal acts intended to produce legal consequences in which Hamat B.V. is involved, as well as to all consequences thereof.<\/li>\n<\/ol>\n

    If these General Terms and Conditions apply to an agreement, they also apply to all agreements arising from that agreement.<\/p>\n

      \n
    1. The applicability of any purchasing or other terms and conditions of the Counterparty is expressly rejected.<\/li>\n
    2. If one or more provisions of these general terms and conditions are or become void or voidable, in whole or in part, at any time, the remaining provisions of these general terms and conditions shall remain fully applicable.<\/li>\n<\/ol>\n

       <\/p>\n

      Article 2 Quotations and Offers<\/strong><\/h3>\n
        \n
      1. All quotations and offers from Hamat B.V. are non-binding and valid for a maximum period of three months, unless a different acceptance period is specified in the quotation. A quotation or offer lapses if the product to which it relates is no longer available in the meantime. <\/li>\n
      2. Hamat B.V. cannot be held to its quotations or offers if the counterparty can reasonably understand that the quotations or offers, or any part thereof, contain an obvious error or clerical mistake.<\/li>\n
      3. Unless otherwise indicated, the prices stated in a quotation or offer exclude VAT and other government levies, as well as any costs to be incurred in connection with the agreement, including shipping costs.<\/li>\n
      4. If the acceptance deviates whether on minor points or otherwise from the offer contained in the quotation or proposal, Hamat B.V. is not bound by it.<\/li>\n
      5. A composite price quotation does not oblige Hamat B.V. to perform a part of the assignment for a corresponding portion of the quoted price. Offers or quotations do not automatically apply to future orders. <\/li>\n<\/ol>\n

         <\/p>\n

        Article 3 Delivery periods, performance, and modification of the agreement<\/strong><\/h3>\n
          \n
        1. If a time limit has been agreed upon or specified for the delivery of certain goods, this shall never constitute a strict deadline. Consequently, in the event that a time limit is exceeded, the Counterparty must serve Hamat B.V. with a notice of default in writing. Hamat B.V. must be granted a reasonable period of time to perform the agreement. <\/li>\n
        2. If Hamat B.V. requires data from the Counterparty for the performance of the agreement, the performance period shall not commence until the Counterparty has made such data available to Hamat B.V. accurately and completely.<\/li>\n
        3. Unless expressly agreed otherwise, delivery takes place ex works from Hamat B.V. The counterparty is obliged to take delivery of the goods at the moment they are made available to it. If the counterparty refuses to take delivery or fails to provide information or instructions necessary for delivery, Hamat B.V. is entitled to store the goods at the counterparty\u2019s expense and risk. <\/li>\n
        4. Hamat B.V. has the right to have certain work performed by third parties.<\/li>\n
        5. Should the Counterparty fail to duly perform its obligations towards Hamat B.V., the Counterparty shall be liable for all damage (including costs) incurred by Hamat B.V. as a direct or indirect result thereof.<\/li>\n
        6. If Hamat B.V. agrees on a fixed price with the Counterparty, Hamat B.V. is entitled at any time to increase this price without the Counterparty having the right to dissolve the agreement on that ground if the price increase results from a statutory or regulatory power or obligation, or is caused by a rise in the cost of raw materials, wages, etc., or by other grounds that were not reasonably foreseeable at the time the agreement was concluded.<\/li>\n
        7. If the price increase other than one resulting from a modification of the agreement exceeds 10% and occurs within three months of the conclusion of the agreement, then only the Counterparty entitled to invoke Title 5, Section 3 of Book 6 of the Dutch Civil Code (BW) shall have the right to dissolve the agreement by means of a written declaration, unless Hamat B.V. is nonetheless willing to perform the agreement on the basis of the original terms, or if the price increase arises from a statutory power or obligation incumbent upon Hamat B.V., or if it has been stipulated that delivery is to take place more than three months after the purchase.<\/li>\n<\/ol>\n

          <\/strong><\/p>\n

          Article 4 Suspension, dissolution, and interim termination of the agreement<\/strong><\/h3>\n
            \n
          1. Hamat B.V. is entitled to suspend the performance of its obligations or to dissolve the agreement if:<\/li>\n<\/ol>\n

            \u2013 the Counterparty fails to perform the obligations arising from the agreement, or fails to perform them fully or in a timely manner;<\/p>\n

            \u2013 <\/strong>circumstances that have come to the attention of Hamat B.V. after the conclusion of the agreement give good grounds to fear that<\/p>\n

            the Counterparty will not fulfill the obligations;<\/p>\n

            \u2013 the Counterparty has been requested, upon conclusion of the agreement, to provide security for the satisfaction of its<\/p>\n

            obligations under the agreement and this security is not provided or is insufficient;<\/p>\n

            \u2013 If, due to a delay on the part of the Counterparty, Hamat B.V. can no longer reasonably be expected to perform the agreement under the originally agreed conditions, Hamat B.V. is entitled to dissolve the agreement.<\/p>\n

              \n
            1. Furthermore, Hamat B.V. is entitled to dissolve the agreement if circumstances arise of such a nature that performance of the agreement is impossible, or if other circumstances arise of such a nature that the maintenance of the agreement without modification cannot reasonably be required of Hamat B.V.<\/li>\n
            2. If the agreement is dissolved, Hamat B.V.\u2019s claims against the Counterparty shall become immediately due and payable. If Hamat B.V. suspends performance of its obligations, it retains its rights under the law and the agreement. <\/li>\n
            3. If Hamat B.V. proceeds to suspend performance or dissolve the agreement, it shall in no way be liable to compensate for any damages or costs arising therefrom.<\/li>\n
            4. If Hamat B.V. proceeds to suspension or dissolution, it is entitled to set off outstanding claims against one another, including related costs and statutory interest.<\/li>\n
            5. If the dissolution is attributable to the Counterparty, Hamat B.V. is entitled to compensation for the damage it has suffered, including costs and expenses.<\/li>\n
            6. In the event of liquidation, a (request for a) suspension of payments or bankruptcy, the levying of an attachment against the Counterparty\u2014if and to the extent that the attachment is not lifted within three months\u2014debt restructuring, or any other circumstance whereby the Counterparty can no longer freely dispose of its assets, Hamat B.V. is entitled to cancel the agreement immediately and with immediate effect, without any obligation to pay damages or compensation. In such a case, all claims held by Hamat B.V. against the Counterparty shall become immediately due and payable. <\/li>\n
            7. If the Counterparty cancels a placed order in whole or in part, the goods ordered or prepared for that purpose plus any associated transport, handling, and delivery costs, as well as the labor time reserved for the performance of the agreement will be charged to the Counterparty in full.<\/li>\n<\/ol>\n

               <\/p>\n

              Article 5 Force Majeure<\/strong><\/h3>\n
                \n
              1. Hamat B.V. is not obliged to fulfill any obligation towards the Counterparty if it is prevented from doing so by a circumstance that is not attributable to fault and for which it is not liable under the law, a legal act, or prevailing social standards.<\/li>\n
              2. For the purposes of these general terms and conditions, “force majeure” is understood to mean in addition to the meanings ascribed to it by law and case law all causes, whether foreseeable or unforeseeable, that lie beyond the direct control of Hamat B.V. but which prevent Hamat B.V. from fulfilling its obligations; this includes strikes at the company of Hamat B.V. or at third parties. Hamat B.V. also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement arises after the time at which Hamat B.V. should have fulfilled its obligation. <\/li>\n
              3. Hamat B.V. may suspend its obligations under the agreement for the duration of the force majeure event. If this period exceeds two months, either party is entitled to terminate the agreement without any obligation to compensate the other party for damages. <\/li>\n
              4. To the extent that Hamat B.V. has already partially fulfilled its obligations under the agreement, or is able to fulfill them, at the time the force majeure event occurs and provided that the fulfilled or to-be-fulfilled part has independent value Hamat B.V. is entitled to invoice that part separately. The Counterparty is obliged to pay such an invoice as if it related to a separate agreement. <\/li>\n<\/ol>\n

                 <\/p>\n

                Article 6 Payment and collection costs<\/strong><\/h3>\n
                  \n
                1. Payment must be made within 30 days of the invoice date, in the manner specified by Hamat B.V. and in the currency in which the invoice was issued, unless otherwise indicated in writing by Hamat B.V. Hamat B.V. is entitled to issue invoices periodically. <\/li>\n
                2. If the Counterparty fails to pay an invoice on time, the Counterparty shall be in default by operation of law. In such event, the Counterparty shall owe interest at a rate of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate shall apply. Interest on the amount due and payable shall be calculated from the moment the Counterparty is in default until the moment the full amount due has been paid. <\/li>\n
                3. Hamat B.V. has the right to apply payments made by the Counterparty first towards costs, subsequently towards accrued interest, and finally towards the principal amount and current interest.<\/li>\n
                4. Hamat B.V. may refuse an offer of payment without being in default as a result if the Counterparty specifies a different order for the allocation of the payment. Hamat B.V. may refuse full repayment of the principal sum if the accrued and current interest and collection costs are not also paid. <\/li>\n
                5. The Counterparty is never entitled to set off amounts owed by it to Hamat B.V.<\/li>\n
                6. Objections regarding the amount of an invoice do not suspend the payment obligation. A Counterparty not entitled to invoke Section 6.5.3 (Articles 231 through 247 of Book 6 of the Dutch Civil Code) is likewise not entitled to suspend payment of an invoice for any other reason. <\/li>\n
                7. If the Counterparty fails to perform its obligations or is in default regarding their (timely) performance, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Counterparty. These extrajudicial costs shall be calculated in accordance with standard practice in Dutch debt collection; actual costs incurred shall be eligible for reimbursement. Any judicial and enforcement costs incurred shall likewise be recovered from the Counterparty. The Counterparty shall also be liable for interest on the outstanding collection costs. <\/li>\n<\/ol>\n

                  <\/strong><\/p>\n

                  Article 7 Ownership of documents, models, designs, etc.<\/strong><\/h3>\n
                    \n
                  1. The risk of loss, damage, or depreciation passes to the Counterparty at the moment the goods are placed in the Counterparty’s possession.<\/li>\n
                  2. All goods supplied by Hamat B.V. under the agreement remain the property of Hamat B.V. until the Counterparty has duly fulfilled all obligations arising from the agreement(s) concluded with Hamat B.V.<\/li>\n
                  3. The displays made available on loan by Hamat B.V. to the Counterparty are intended exclusively for use in connection with products supplied by Hamat B.V. and may be reclaimed by Hamat B.V. at any time.<\/li>\n
                  4. Goods supplied by Hamat B.V. that are subject to the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Counterparty is not authorized to pledge the goods subject to the retention of title or to encumber them in any other way. <\/li>\n
                  5. The Counterparty shall at all times take all measures that can reasonably be expected of it to safeguard the property rights of Hamat B.V.<\/li>\n
                  6. If third parties levy attachment on the goods delivered subject to retention of title, or wish to establish or assert rights over them, the Counterparty is obliged to notify Hamat B.V. of this immediately.<\/li>\n
                  7. The Counterparty undertakes to insure, and keep insured, the goods delivered subject to retention of title for the benefit of Hamat B.V. against fire, explosion, and water damage, and against theft.<\/li>\n
                  8. If the agreement relates to the performance of work on the property of third parties, Hamat B.V. may exercise a right of retention over said property if and for as long as the Counterparty fails to settle in full the invoices for the work and all other claims (including claims for compensation for damages, interest, and costs) arising from the contractual relationship with Hamat B.V.<\/li>\n<\/ol>\n

                     <\/p>\n

                    Article 8 Warranties, inspection and complaints, limitation period<\/strong><\/h3>\n
                      \n
                    1. The goods to be supplied by Hamat B.V. meet the customary requirements and standards applicable to them at the time of delivery. The warranty referred to in this article applies for a period of 6 months following delivery. <\/li>\n
                    2. Any form of warranty shall lapse if a defect has arisen from or is the result of circumstances beyond Hamat B.V.\u2019s control, or if the goods have been supplied by the counterparty to a third party or processed.<\/li>\n
                    3. The Counterparty is obliged to inspect (or have inspected) the delivered goods for quality and quantity immediately upon the goods being made available to it. Defects must be reported to Hamat B.V. in writing within eight days of delivery. If the aforementioned period has expired and the Counterparty has not responded in writing, it shall no longer have any right to repair, replacement, or compensation regarding the goods delivered by Hamat B.V. <\/li>\n
                    4. The Counterparty must at all times give Hamat B.V. the opportunity to investigate (or have investigated) a complaint.<\/li>\n
                    5. Variations in prints, texture, and color of the delivered goods are not covered by the warranty specified in this article. The same applies to differences in the weight and size of the delivered goods. <\/li>\n
                    6. If it is established that an item is defective and a timely complaint has been lodged in this regard, Hamat B.V. shall, at its own discretion, either replace the defective item or arrange for its repair within a reasonable period.<\/li>\n
                    7. If it is determined that a complaint is unfounded, the costs incurred as a result including investigation costs borne by Hamat B.V. shall be borne entirely by the Counterparty.<\/li>\n
                    8. Upon expiration of the warranty period, all costs for repair or replacement including administrative, shipping, and call-out charges will be charged to the Counterparty.<\/li>\n
                    9. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Hamat B.V. and any third parties engaged by Hamat B.V. in the performance of an agreement is one year.<\/li>\n<\/ol>\n

                       <\/p>\n

                      Article 9 Liability<\/strong><\/h3>\n
                        \n
                      1. Should Hamat B.V. be held liable, such liability is limited to the provisions set forth in this clause.<\/li>\n
                      2. Hamat B.V. is not liable for damage of any nature whatsoever arising from Hamat B.V. having relied on incorrect and\/or incomplete information provided by or on behalf of the Counterparty.<\/li>\n
                      3. Should Hamat B.V. be liable for any damage, Hamat B.V.\u2019s liability shall be limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.<\/li>\n
                      4. Hamat B.V. is solely liable for direct damage.<\/li>\n<\/ol>\n

                        Direct damage is understood to mean exclusively: the reasonable costs of determining the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these terms and conditions; any reasonable costs incurred to bring Hamat B.V.\u2019s defective performance into conformity with the agreement, insofar as these can be attributed to Hamat B.V.; and reasonable costs incurred to prevent or limit damage, insofar as the Counterparty demonstrates that these costs resulted in limiting direct damage as referred to in these general terms and conditions.<\/p>\n

                          \n
                        1. Hamat B.V. shall never be liable for indirect damage, including consequential damage, lost profits, missed savings, and damage resulting from business interruption.<\/li>\n
                        2. Hamat B.V. shall never be liable for damage to goods entrusted to Hamat B.V. for storage, processing, or otherwise. The Counterparty undertakes to insure such entrusted goods and to keep them insured against fire, explosion, water damage, and theft. <\/li>\n
                        3. The Counterparty indemnifies Hamat B.V. against claims from third parties who suffer damage in connection with the performance of the agreement and whose damage is attributable to a party other than Hamat B.V.<\/li>\n
                        4. The limitations of liability set out in this article do not apply if the damage is attributable to willful misconduct or gross negligence on the part of Hamat B.V. or its managerial subordinates.<\/li>\n<\/ol>\n

                           <\/p>\n

                          Article 10 Intellectual property<\/strong><\/h3>\n

                          Hamat B.V. reserves the rights and powers accruing to it under intellectual property laws and regulations. Hamat B.V. has the right to use knowledge gained on its part through the performance of an agreement for other purposes as well, provided that no strictly confidential information belonging to the Counterparty is disclosed to third parties. <\/p>\n

                           <\/p>\n

                          Article 11 Applicable law and disputes<\/strong><\/h3>\n
                            \n
                          1. Dutch law applies exclusively to all legal relationships to which Hamat B.V. is a party, even if an obligation is performed wholly or partially abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. <\/li>\n
                          2. All disputes arising from a legal relationship to which these terms and conditions apply, in whole or in part, shall be settled by the competent court in the Netherlands.<\/li>\n<\/ol>\n

                            <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

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