Terms & Conditions

GENERAL TERMS AND CONDITIONS – TMM DISTRIBUTION

Contact Information
Email: info@tmm.marketingshift.nl
Website: www.tmmdistribution.com

1. Definitions

1. TMM Distribution: TMM Distribution, established in Heerhugowaard, Chamber of Commerce no. 73789682.
2. Customer: The party with which TMM Distribution has entered into an agreement.
3. Parties: TMM Distribution and the customer together.
4. Consumer: A customer who is an individual acting for private purposes.

2. Applicability

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of TMM Distribution.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.

3. Offers and Quotations

1. Offers and quotations from TMM Distribution are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 1 month from its date unless another acceptance period is stated.
3. If the customer does not accept an offer or quotation within the applicable timeframe, it will lapse.
4. Offers and quotations do not apply to repeat orders, unless explicitly agreed upon in writing.

4. Acceptance

1. TMM Distribution reserves the right to withdraw the quotation or offer within 3 days after receipt of acceptance, without obligations towards the customer.
2. Verbal acceptance commits TMM Distribution only after the customer has confirmed this in writing (or electronically).

5. Prices

1. Prices are in euros, exclusive of VAT and any other costs such as administration, levies, and transport expenses, unless stated or agreed otherwise.
2. TMM Distribution is entitled to adjust prices at any time.
3. The parties agree on a total price for services provided by TMM Distribution, which is always a target price unless a fixed price has been agreed upon.
4. TMM Distribution can deviate up to 10% from the target price. For deviations beyond 10%, customer consent is required.

6. Payment Terms

1. TMM Distribution may require a down payment of up to 50% of the agreed amount.
2. Full payment is due within 1 month after delivery.
3. Payment terms are considered fatal. Failure to pay on time results in default without the need for a reminder.

7. Consequences of Late Payment

1. Late payments incur an interest of 8% per month for commercial transactions from the day of default.
2. The customer will owe extrajudicial collection costs and possible compensation.
3. TMM Distribution may suspend its obligations until payment is made.

8. Rights and Obligations

1. The customer waives the right to suspend fulfillment of any obligations.
2. TMM Distribution retains the right to retain title to sold products until full payment.
3. The risk of loss, damage, or theft passes to the customer upon delivery.

9. Delivery and Transport

1. Delivery is subject to stock availability.
2. Delivery occurs at TMM Distribution unless agreed otherwise.
3. The customer bears transport costs unless agreed otherwise.

10. Warranty and Complaints

1. Warranty applies to defects caused by faulty manufacture, construction, or material.
2. Complaints about products or services must be reported to TMM Distribution as soon as possible, but no later than 1 month after detection.

11. Duration, Dissolution, and Force Majeure

1. Agreements are entered for the duration specified; otherwise, they convert to open-ended contracts under certain conditions.
2. The customer has the right to dissolve the agreement if TMM Distribution fails to meet its obligations.
3. Force majeure situations relieve TMM Distribution from fulfilling obligations temporarily or permanently.

12. Intellectual Property and Confidentiality

1. TMM Distribution retains all intellectual property rights.
2. The customer must keep TMM Distribution’s information confidential.

13. Liability

1. TMM Distribution is liable only for direct damages caused by intent or gross negligence.
2. Liability is limited to the insurance payout or a part of the invoice related to the liability.

14. General Provisions

1. Changes to terms and conditions will be communicated to the customer.
2. The customer cannot transfer rights from the agreement without TMM Distribution’s written consent.
3. Dutch law applies to all agreements. Disputes will be resolved by the Dutch court in the district where TMM Distribution is established.