General terms and conditions Adaptive Automotive
Article 1: Definitions.
In these Terms and Conditions, the following definitions shall apply:
Adaptive Automotive: the user of the general terms and conditions, having its registered office in Sittard and registered in the Trade Register under number 62709062, hereinafter referred to as Adaptive
Client: the party commissioning Adaptive Automotive to perform the work described in the assignment (ref. Article 1)
The agreement: the agreement of purchase and installation of parts, application of foils repair work and transportation of cars
The assignment: the agreement to perform assembly, disassembly, repair work, car tuning and transportation work
Article 2: The offer
Adaptive Automotive's offer shall be made orally, in writing, or electronically and shall be effective for the period specified therein. An offer which the client can reasonably understand to contain a clerical error or mistake shall in no way bind Adaptive Automotive.
Article 3: The Agreement
The agreement shall be in writing or electronically. A copy of a written agreement shall be provided to the client. The written agreement shall be signed by both Adaptive Automotive and The Client.
Article 4: The content of the agreement.
A written or electronic agreement shall include at least the following topics:
the components desired by the client
- a description of the work
- the prices of the parts and/or work
- the probable or fixed delivery date
- the reference to the warranty provisions
- the method of payment
Article 5: Price Changes/Price Increase.
Price increases due to changes in factory and/or import prices or in foreign exchange rates of components will be passed on. After notification of this change, the client has the right to dissolve the agreement in case the increase of the stipulated price by Adaptive takes place after the conclusion of the agreement. The dissolution must take place in writing within ten days after notification.
Article 6: Cancellation of the Agreement.
The client has the authority to cancel the agreement, regardless of whether Adaptive has failed in its obligations. Such cancellation may only be made in writing.
Article 7: The assignment
The assignment to perform work is given orally, in writing or electronically. An assignment given electronically by the client will only come into effect after it has been confirmed by Adaptive. A copy of a written assignment will be provided to the client upon request.
Article 8: Quotation and deadline.
The client may require before or at the time the assignment is given, an indication of the price of the work, as well as the time frame within which the work will be performed. The quoted price and deadline are approximate, unless the client and Adaptive agree on a fixed price and/or deadline. If the approximate quoted price is exceeded or threatened to be exceeded by more than 10%, Adaptive shall contact the client, to discuss the additional costs. The client is entitled to terminate the agreement, subject to a notice period of 2 weeks, compensating Adaptive for work already performed. When exceeding or threatening to exceed the approximate deadline, Adaptive shall immediately notify the client, specifying the new date of delivery. If a fixed deadline is exceeded, the client shall be entitled to reasonable compensation, except in cases of force majeure on the part of Adaptive.
Article 9: The Invoice
An itemized bill will be issued at all times. All prices are exclusive of sales tax and any other governmental taxes, duties or charges unless specifically stated.
Article 10: Stabling costs
If the client has not picked up the car within 3 working days after notification of completion of the assignment, Adaptive may charge a fee due to storage costs, unless otherwise agreed and stated.
Article 11: Right of retention
Adaptive may exercise the lien on the car if and for as long as: - the client does not pay the costs of the work on the car or does not pay them in full- the client does not pay the costs of previous work performed by Adaptive on the same car or does not pay them in full- the client does not pay other claims arising from the contractual relationship with Adaptive or does not pay them in full. Adaptive may not exercise the right of retention if the client has provided sufficient (substitute) security, for example through a deposit with the Vehicle Disputes Committee.
Article 12: Replaced parts
Replaced parts will be made available to the customer after completion of the order if requested when the order was placed. This does not apply to parts that must be separated due to warranty claims. In that case, the parts will be made available after the warranty claims have been settled according to the guarantor and the client wishes to prove with the aid of these parts that the warranty claims have not been settled or have not (yet) been settled adequately.