1) Unless otherwise stated in these conditions or in the overleaf contract, the international rules for the interpretation of Trade Terms or the international Chamber of Commerce (incoterms 2000) shall apply to the trade terms used.

2) These conditions will be valid, even if and when seller does not refer to these conditions in his other contracts/ confirmations. Deviations are only valid if expressly accepted by both parties in writing. Purchase conditions of buyer are only valid if expressly accepted by sellers in writing.

3) Seller has the right to cancel or suspend any future deliveries in case buyer does not honour the documents, effect payment within time specified in the contract respectively. The same applies if at a later stage unfavourable credit information about buyer comes to seller’s knowledge. Such cancellation or suspension will not influence seller’s right to issue claims for indemnification nor the obligations of quantities contracted for at the then prevailing rate. In case of non-payment at the date agreed upon, interest (at the rate then prevailing) until the actual date of payment plus juridical costs, if applicable, will be for buyer’s account.

4) Goods are at the risk of buyer from the moment of despatch, subject otherwise agreed. Goods will remain the property of the seller until full payment has been received.

5) Buyer has to accept delivery of the goods whether they are found in sound ore damaged condition.

6) Claims:
a. Quality claims can only be accepted if made known to the seller within 15 days after arrival. Seller is to be notified of any defect, based upon documentary proofs, official tests reports respectively, immediately and before use by buyer.
b. In case of claims, this contract can not be affected for any quantity still to be delivered: each shipment or delivery to be dealt with separately.
c. Claims are limited to the values of the delivered goods.
d. Sellers are never responsible for any damage whatsoever caused by defects of the goods and packing to any object ore anybody.
e. Buyers have to safeguard against sellers for any claims by a third party to sellers. As a third party is also understood insurance companies who exercise a right of recourse.
f. In case goods will be sold to third parties and/or worked up then automatically any claims will be renounced.

7) If the currency of the account is not the Euro, fluctuations in the rate of exchange between the Euro and the currency of the contract exceeding 1% during the validity of the contract, shall give seller the right to adjust the prices for the new parity. Any increase in ocean freight will be for buyer’s account.

8) Seller will not be responsible for failure to ship the goods hereby sold (or any part of them), nor for any delay in their transport or shipment, if the failure or delay is caused by force majeure (‘overmacht’) as understood by Dutch law.

9) Without limiting the generality of the foregoing (8), the notion of force majeure includes:
a. Non delivery of raw materials etc. by suppliers of the seller, war, threat of war, mobilisation, civil commotions, lock-outs, riots, revolution, strikes, boycott and any measure or step taken by any government or any group of persons purposing to act as a government.
b. Fire, floods, earthquakes.
c. All governmental restrictions.

10) In the event of force majeure of any nature whatsoever the contract will be suspended. If this suspension lasts for more than 3 months, the contract is automatically cancelled, neither party being entitled to base a claim for compensation or otherwise on this cancellation.

11) All contracts between seller and buyer are governed by Dutch law. The Court (arrondissementsrechtbank) of Rotterdam will be the competent judge, notwithstanding seller’s right to summon buyer before the competent judge of buyers domicile.

12) The goods will be invoiced at prices valid on the date of invoicing. If the prices change between date of order acceptance and the invoice date, the new prices will come into force for those quantities not yet supplied/ shipped.
In case of price increase buyer has the right to cancel the balance of the contract of which buyer must inform seller in writing within 2 weeks after receipt of sellers’ information of such a price increase.

13) All banking costs, outside the Netherlands, including bill stamps, are for buyer's account.