Terms of service

General terms and conditions of the Olivine Group in Enkhuizen
filed with the Chamber of Commerce in Utrecht.

 

Article I Applicability
These terms and conditions apply to all agreements of the Olivine Group BV, as well as the greenSand companies established in Enkhuizen, hereinafter referred to as the Olivine Group. The offers and/or agreements relate to the Olivine Group. Conditions to the contrary only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed this in writing. The acceptance and retention by the other party - with whom the person who concludes or has concluded an agreement with the Olivine Group is designated - without comment and to which a quotation or order confirmation, on which reference is made to these terms and conditions, constitutes consent to their application. The possible inapplicability of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.

Article II Prices
1. If the cost price of the goods/materials made available increases between the date of conclusion of the agreement and delivery, the Olivine Group is entitled to these increases to be passed on to the other party. Should a new price list be issued by the Olivine Group and/or suppliers and come into effect between the aforementioned dates, the Olivine Group is entitled to charge the prices stated therein to the other party, or to apply the provisions of the previous sentence. .
2. In the event that the other party is a natural person who does not act in the course of a profession or business, price increases may be passed on/charged in the above-mentioned sense 3 months after they have been established. In the event of price increases in the shorter term, the other party is authorized to dissolve the agreement.

Article III Payment
1. In the event of late payment of any amount owed to the Olivine Group, the statutory interest will be charged. in accordance with art. 6:119/120 Dutch Civil Code will be charged from the moment the claim has become due and payable. All costs related to taking judicial and extrajudicial collection and/or enforcement measures are for the account of the other party. In this regard, the latter will at least owe the collection rate of the Dutch Bar Association as applicable at the time of default. The extrajudicial collection costs are set in advance at 15% of the amount owed by the other party, plus forfeiture and interest.
2. At the discretion of the Olivine Group, in the preceding or corresponding circumstances, without further notice of default or judicial intervention, the agreement may be wholly or partially dissolved, whether or not combined with a claim for compensation.
3. If the other party has not fulfilled its payment obligations in time, the Olivine Group is authorized to suspend the fulfillment of the obligations entered into towards the other party. until payment has been made or proper security has been provided for this. The same already applies before the moment of default/default if the Olivine Group has reasonable grounds to suspect that there are reasons to doubt the creditworthiness of the other party.
4. Payments made by the other party always serve to settle all interest and costs owed and subsequently due and payable invoices that have been outstanding the longest.

Article IV Prevention, bankruptcy, suspension of payment
1. If, due to special circumstances, the other party is located outside its at fault or outside its sphere of risk, the Olivine Group can dissolve the agreement at the request of the other party. The other costs involved in this will be at the expense of the other party.
2.In the event that the other party is declared bankrupt or applies for a moratorium at any time after the participation agreement has been concluded, the participation agreement will be dissolved by the mere occurrence of the aforementioned events and the other party is obliged to pay the full amount of the agreements. stand costs, as well as all other costs incurred on his behalf, without prejudice to the right of the Olivine Group to claim costs, damage and interest

Article V Liability
1. The Olivine Group is not liable for damage, by whatever name, directly or indirectly suffered by the other party, its personnel – loss of profits and damage due to theft, destruction or any other cause whatsoever – if this damage is caused by third parties. 2. The other party indemnifies the Olivine Group against any claim by third parties, due to damage, by whatever name, caused by the other party itself.
3. The other party is liable for the order of greensand, which they place with the Olivine Group , by means of a signed order confirmation and/or an e-mail in which they confirm their order, unless otherwise agreed with the Olivine Group.

Article VI Default/Authorable Shortcoming
1 If fulfillment of that which the Olivine Group is obliged to under the agreement concluded with the other party is not possible and this is due to non-performance attributable to the latter, and/or to the on the side of the third parties/suppliers engaged for the execution of the agreement, the Olivine Group is entitled to dissolve the agreement concluded between the parties, or to suspend the fulfillment of its obligations towards the other party for a reasonable period to be determined by it without paying any compensation. to have been held. If the above situation occurs when the agreement has been partially performed, the other party is obliged to fulfill its obligations towards the Olivine Group up to that moment. are understood: war, riot, mobilization, domestic and foreign riots, government measures, strike and exclusion by workers or threat of these and similar circumstances; disruption of the currency relations existing at the time of entering into the agreement; operational disruptions due to fire, accident, power failure or other incidents; natural phenomena irrespective of whether the non-fulfilment or late fulfillment takes place at the Olivine Group, its suppliers or third parties engaged by it for the execution of the obligation. the Olivine Group is entitled to dissolve the agreement concluded between the parties, or to suspend the fulfillment of its obligations towards the other party for a reasonable period to be determined by it, without being obliged to pay any compensation. If the above situation occurs when the agreement has been partially performed, the other party is obliged to fulfill its obligations towards the Olivine Group up to that moment.

Article VII Applicable Law
1. Agreements concluded between the Olivine Group and the other party are exclusively governed by Dutch law. Disputes arising from the agreements will also be settled under Dutch law.
2. Any disputes will be adjudicated by the competent Dutch court in ….., insofar as urgent legal provisions do not prescribe otherwise and in such a way that the Olivine Group is entitled to a case to be brought before the competent court in the place where the other party lives and/or is established.

Article VIII Final provisions
In all cases not provided for in the present conditions, the Olivine Group will decide through its management

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