Bosch-Rexroth Excellence Partner
Kawasaki Distribution Center
Your questions about payment will be answered right here.
1.1. Payment is made at the place of establishment of the contractor or into an account to be designated by the contractor.
1.2. Unless otherwise agreed, payment will be made as follows:
a. cash at counter sales;
b. for payment in installments: - 40% of the total price for the order; 50% of the total price after delivery of the material or if the delivery of material is not included in the order after commencement of the work; - 10% of the total price on delivery;
c. in all other cases within thirty days of the invoice date.
1.3. If the client fails to fulfill his payment obligation, he is obliged to comply with a request from the contractor for payment in lieu of payment of the agreed sum of money.
1.4. The client's right to set off or suspend its claims against the contractor is excluded, unless the contractor is declared bankrupt or if statutory debt rescheduling applies to the contractor.
1.5. Regardless of whether the contractor has fully performed the agreed performance, everything that the client owes or will owe to him under the agreement is immediately due and payable if:
a. a payment term has been exceeded;
b, the bankruptcy or suspension of payment of the client has been requested;
c. attachment is levied on goods or claims of the client;
d. client (company) is dissolved or liquidated;
e. the client (natural person) requests to be admitted to the statutory debt rescheduling, is placed under guardianship or has died.
1.6. If payment has not been made within the agreed payment term, the client will immediately owe interest to the contractor. The interest is 12% per year, but is equal to the statutory interest if it is higher. In the interest calculation, part of the month is regarded as a full month.
1.7. The Contractor is authorized to set off its debts to the Client against claims against the Client by companies affiliated with the Contractor. In addition, the contractor is authorized to set off its claims against the client with debts to the client from companies affiliated with the contractor. Furthermore, the contractor is authorized to set off its debts to the client with claims on companies affiliated with the client. Affiliated companies are understood to mean the companies belonging to the same group within the meaning of Section 2:24b of the Dutch Civil Code and a participating interest within the meaning of Section 2:24c 8W.
1.8. If payment has not been made within the agreed payment term, the client owes the contractor all extrajudicial costs with a minimum of € 75.
These costs are calculated on the basis of the following table (principal sum incl. interest): on the first € 3,000 15% on the excess up to € 6,000 10% on the excess up to € 15,000 8% on the excess up to € 60,000 5% on the excess from € 60,000 3%.
The extrajudicial costs actually incurred are due if they are higher than follows from the above calculation.
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1.9. If the contractor is successful in legal proceedings, all costs incurred in connection with these proceedings will be borne by the client.
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