General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following is understood to mean:
– A. Roebroeck Boomkwekerijen: the sole proprietorship established at Rijksweg 188, 6325 AJ Berg en Terblijt, registered with the Chamber of Commerce under number 88473457.
– Customer: any natural or legal person who enters into an agreement with A. Roebroeck Boomkwekerijen.
– Products: all trees, plants, or related items supplied by A. Roebroeck Boomkwekerijen.
– Agreement: any agreement between A. Roebroeck Boomkwekerijen and the customer for the supply of products or services.
Article 2 – Applicability
2.1 These general terms and conditions apply to all quotations, offers, deliveries, and agreements between A. Roebroeck Boomkwekerijen and the customer.
2.2 Deviations are only valid if agreed upon in writing.
Article 3 – Offers and quotations
3.1 All offers and quotations are without obligation, unless otherwise stated.
3.2 Prices exclude VAT and other government levies, unless otherwise stated.
3.3 A. Roebroeck Boomkwekerijen is not bound by obvious errors or typographical mistakes in offers.
Article 4 – Formation of the agreement
The agreement is concluded after oral or written confirmation by A. Roebroeck Boomkwekerijen, or as soon as the execution of the assignment has commenced.
Article 5 – Delivery and risk
5.1 Delivery takes place at the address specified by the customer, unless otherwise agreed.
5.2 Delivery times are indicative. Exceeding these does not entitle the customer to compensation or termination.
5.3 The risk of loss or damage to products passes to the customer at the moment of delivery.
Article 6 – Payment
6.1 Payment must be made within 14 days of the invoice date, unless otherwise agreed.
6.2 In the event of late payment, the customer is automatically in default and statutory interest is due.
6.3 All reasonable costs incurred in obtaining satisfaction out of court shall be borne by the customer.
Article 7 – Complaints and warranty
7.1 Complaints regarding delivered products must be reported in writing within 3 days of receipt.
7.2 A. Roebroeck Boomkwekerijen supplies living products. No growth guarantee is given, unless expressly agreed in writing.
7.3 The warranty is void in the event of improper use, insufficient care, or failure to follow advice.
Article 8 – Liability
8.1 A. Roebroeck Boomkwekerijen is not liable for indirect damages such as consequential damages, lost profits, or damage caused by improper use.
8.2 Liability is limited to the invoice amount of the relevant delivery.
Article 9 – Force Majeure
9.1 In the event of force majeure, A. Roebroeck Boomkwekerijen is entitled to suspend or terminate the performance of the agreement without being liable for damages.
9.2 Force majeure is understood to mean: weather conditions, illness, transport problems, disruptions at suppliers, or other circumstances over which A. Roebroeck Boomkwekerijen has no control.
Article 10 – Retention of title
All delivered products remain the property of A. Roebroeck Boomkwekerijen until the customer has fully met all payment obligations.
Article 11 – Applicable law and disputes
All legal relationships are governed exclusively by Dutch law. Disputes shall be submitted to the competent court in the district of Limburg.
