The conditions shall govern any contract (“Contract”) between Bul Trade & Consulting, a company registered in the Netherlands with the Chamber of Commerce in Rotterdam under no. 24273484 and whose registered office is at Middellantweide 19, 3223 NE Hellevoetsluis, The Netherlands (“the Company) and the customer (“The Purchaser”) for the ordering and supply of the goods (“The Goods”).These conditions shall prevail over any other terms unless the Company and the Purchaser expressly agree otherwise in writing. These conditions shall apply to all of the Company’s sales and no variation of these Conditions shall have effect unless expressly agreed in writing and signed by a director of the Company. The Purchaser acknowledge that it has not relied on any statement, promise or representation made or given by, or on behalf of, the Company, which is not set out in the Conditions or in writing and expressly confirmed by the Company. These conditions do not constitute an offer for sale.
Prices are in US Dollar and/or Euro per case as indicated and are exclusive of VAT and duty unless otherwise stated. Selling prices do not include any delivery charges, are provisional and subject to our confirmation, upon acceptance of order.
Payment is due on invoice and against pre-advice notice and must be made by bank transfer. Until all sums due to The Company have been paid The Company shall be entitled to retain possession of The Goods to which The Purchaser would otherwise be entitled. If any payment is overdue, The Company shall be entitled to cancel any outstanding trade and/or suspend deliveries/collections. Overdue sums carry interest from the date when payment becomes due at 5% per annum above the base rate of ING Bank Nederland from time to time. In the event of pre-purchasing The Goods on behalf of The Purchaser as per invoice addressed, The Company do require down payment of 10% on the net value invoice to safeguard delivery and acceptance.
The Company shall retain title to all The Goods sold by The Company until the sums due from The Purchaser in respect of any order have been paid. Risk in all goods shall pass to The Purchaser as soon as they have been delivered or when The Company notify The Purchaser that they are available for collection.
The Company will notify The Purchaser once the final order is available for collection. Alternatively, national or international transport may be arranged by The Company as your agent at the price indicated by the dedicated warehouse where these Goods are located.
The Purchaser undertake to inspect all The Goods when collecting or immediately on delivery and to notify The Company or the carrier and/or warehouse forthwith of any shortage or damage or other deficiency. The Purchaser will be deemed to have accepted The Goods as satisfying your order three days after collection/delivery, and thereafter will not be entitled to reject any case or bottle for any reason.
If any payment is overdue for 15 days or The Goods have not been collected within 20 days of being available, or there is an earlier indication from The Purchaser that payment will not be made or The Goods will not be collected, The Company shall be entitled to send written notice to the invoice address of our intention to deal with, sell or otherwise dispose of The Goods and 5 days thereafter The Company shall be at liberty to do so unless payment in full is received or The Goods are collected before the close of business on the fifth day. Any method of resale is entirely at our discretion.
Upon resale The Purchaser will receive a credit of 80% of the lower of the net proceeds of the resale and the price of our original sale to The Purchaser. Any balance after the credit shall remain payable by The Purchaser and shall continue to carry interest.
The existence of this right does not affect any other remedies we would have.
The Company shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
The placing and accepting of oral orders shall form a contract on these terms, conditional upon our written confirmation of order by the delivery of a Proforma Invoice issued and send via e-mail by The Company.
The Goods are not supplied on a sale or return basis and therefore cannot be returned once delivery has been affected.
All our contracts are made under Dutch Law and are subject to the exclusive jurisdiction of the Dutch Courts.
August 2019
Mijlweg 33A, 3295 KG,
‘s-Gravendeel, The Netherlands
© 2019 BUL Trade & Consulting