Terms and conditions

BENEDICT-BPF B.V.

( as of 10-2026)

Terms and conditions

General

In these terms and conditions of delivery, the following definitions apply:

• Seller: the user of these general terms and conditions, namely: BENEDICT-BPF B.V., established in Neede.
• Buyer: a client who acts in the course of a business.
• Agreement: any agreement between Buyer and Seller regarding the delivery of Products.
• Products: all goods delivered by Seller to Buyer.
• Parties: Buyer and Seller.

Application

1. These general terms and conditions apply to all offers, quotations, order confirmations and deliveries by the Seller, as well as to all Agreements concluded by the Seller and the Buyer and the conclusion thereof.
2. The seller expressly rejects other general terms and conditions. By giving an order to or concluding an agreement with the Seller, the Buyer accepts these general terms and conditions.
3. Any additions or changes to these terms and conditions will only be effective if confirmed in writing by the Seller.
4. If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions will remain in full force and effect. The Seller will replace the null and void or voided provisions with new provisions, whereby the purpose and purport of the null and void or voided provision will be taken into account as much as possible.
5. All personal data provided by the Buyer to the Buyer in the context of the offering of Products by the Seller will be used exclusively for the delivery of Products and will not be made available to third parties, unless this is necessary for the handling of complaints or service.

Offers and quotations

1. All offers are provided for information purposes only and are non-binding and non-binding. Catalogues, notes, prospectuses, descriptions, dimensions, graphics, images, etc. are not binding in connection with any changes and improvements.
2. The offer on the website has been compiled with great care. The Seller makes every effort to ensure that the data is complete and correct. Obvious errors and/or typographical errors in images, drawings, descriptions, measurement and weight statements, prices or other indications stated by the Seller on the website are not binding on the Parties.

The offer will in any case state:

1. the main characteristics of Products and/or Services;
2. the price excluding VAT;
3. the cost of delivery;
4. the method of payment, delivery and execution of the Agreement;
5. the possibility of dissolution and return;
6. any information regarding the warranty on the Product;
7. the period of validity of the offer.
8. The Agreement is concluded by written acceptance by the Buyer of a quotation from the Seller, by written confirmation by the Seller of a verbal order from the Buyer or by an order from the Buyer in the webshop of the Seller’s website after this has been confirmed by the Seller by e-mail. Verbal agreements regarding the amendment, addition or cancellation of an Agreement are only binding after and insofar as the Seller has confirmed them in writing.
9. The offers issued by the Seller are valid for 30 days, unless otherwise indicated. The Seller is only bound by the quotation if the Buyer’s acceptance thereof is confirmed by him in writing within 30 days. The prices stated in the quotation are exclusive of VAT, and exclusive of shipping, transport and postage costs, unless otherwise indicated. The prices are listed in euros.
10. Our prices are based on the currency ratios in force at the time of the offer, the applicable material prices and labour costs.
11. If, after the offer or after the conclusion of the Agreement, the Seller is confronted with additional costs due to an increase in materials, wage costs, import and/or export duties and/or levies of any kind, or costs caused by currency changes, the Seller is entitled to pass on this increase.
12. In the case of a composite quotation, there is no obligation on the part of the Seller to deliver part of the goods included in the offer at a Corresponding part of the quoted price, nor does the offer automatically apply to repeat orders.
13. The seller reserves the right at any time to refuse or cancel an order placed without giving a reason. The Seller will inform the Buyer as soon as possible of the refusal or undoing the refusal in question. If the Seller decides to refuse or cancel an order that has been placed, the Seller is in no way obliged to pay any compensation to the Buyer.
14. Should the Buyer decide for any reason to cancel the Agreement and/or refrain from further performance thereof before the Agreement has been fulfilled, the Buyer is obliged to pay to the Seller all costs and hours already incurred by the Seller as well as all costs to be paid by the Seller to third parties due to the cancellation and/or early termination of the Agreement, without prejudice to the other rights granted to the Seller by law.

Delivery time and delivery

1. Delivery times are given as accurately as possible. Exceeding the delivery time can never give rise to a claim for compensation, even after notice of default. In the event of late delivery, the buyer is not entitled to cancel the Agreement, nor to refuse or return the whole or part of a purchase agreement. Cancellation requires the express written consent of the Seller. The costs associated with this are for the account of the Buyer.
2. All goods are transported at the expense and risk of the Buyer, unless otherwise agreed. The most suitable and economical method is chosen for shipping. Complaints about incorrect deliveries and damage must be reported the next (working) day before 12:00 noon.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the items will be stored at the Buyer’s risk. In that case, the Buyer will owe all additional costs, including in any case storage costs.
4. The Seller is permitted to deliver sold goods in parts. This does not apply if a partial supply has no independent value. If the goods are delivered in parts, the Seller is entitled to invoice each part separately.
5. The Products must be returned in the original condition, without traces of use and without damage and in the Seller’s original, undamaged packaging.

Property rights

1. Until full payment of all payments due by the Buyer, the Seller retains ownership of all goods delivered by the Seller. Buyer must inform Seller immediately if Seller’s property rights are likely to be harmed.
2. If sample, model and sample have been shown or provided by the Seller, it shall be presumed to have been shown or provided only by way of indication. The qualities of the goods to be delivered may differ from the sample, model or example, unless it was expressly stated that the sample or model or example would be delivered in accordance with the sample, model or example shown or provided.
3. The drawings, calculations, descriptions, models, tools and the like produced or provided by the Seller remain the property of the Seller, even if the Seller has charged the Buyer for them.
4. The goods delivered by the Seller, which are subject to the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations and may never be used as a means of payment.
5. The Buyer is not authorized to pledge the goods covered by the retention of title nor to encumber them in any other way.
6. The Buyer already gives unconditional and irrevocable permission to the Seller or to a third party to be designated by it to enter all those places where the Seller’s property will then be located and to take those goods with him, in all cases in which the Seller wishes to exercise its property rights.
7. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights to them, the Buyer is obliged to inform the Seller of this as soon as can reasonably be expected.
8. The Buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection on first request.

Industrial and intellectual property rights

1. The Seller retains the industrial and intellectual property rights, including copyright and design rights, with regard to the images, drawings, calculations, technical specifications, models, designs, sketches, diagrams, etc. provided by it. These may not be passed on, made available for inspection or reproduced to third parties in any form whatsoever without its written consent. They must be returned immediately upon request by the Seller.
2. In the event of a violation of the provisions of paragraph 1, the Buyer will owe a penalty of € 5,0,–00 without any reminder or notice of default being required, without prejudice to the Seller’s right to claim full compensation with interest and costs. Any penalty paid or due is intended to be deducted from any compensation due with interest and costs.
3. The Seller is not liable for damage caused by the violation of copyright or design rights, patents, licenses and/or other intellectual property rights of third parties as a result of the use of data provided by or on behalf of the Buyer, such as drawings, models, designs, etc.

The Buyer indemnifies the Seller against claims from third parties on the basis of (alleged) infringement of these rights.

Payment term

1. Payments shall be made within 30 days of the invoice date in the manner specified by the Seller in the currency in which the invoice was issued and shall be strictly net.
2. After the expiry of 30 days after the invoice date, the Buyer is in default by operation of law; the Buyer owes interest of 1% per month on the amount due from the moment of default, unless the statutory interest rate is higher, in which case the statutory interest applies.
3. In the event of refusal of the cash on delivery shipment, the Buyer is obliged to reimburse all costs arising therefrom.
4. If the Buyer, being a natural person or equivalent company, does not meet his payment obligations on time, he will also owe the extrajudicial collection costs, which are calculated in accordance with the graduated extrajudicial collection costs (BIK), with a minimum of € 100, after the Seller has given written notice of payment after the expiry of the payment term,-.
5. For the Buyer, being a legal entity, the extrajudicial collection costs, plus interest in the amount of the statutory commercial interest on the outstanding amount, are due immediately after the expiry of the agreed payment term, without prior written reminder.
6. Regardless of legal arrangements to the contrary, all judicial and extrajudicial costs incurred shall be borne in full by the customer as referred to in paragraph 5. Extrajudicial collection costs amount to at least 15% of the amounts owed by the customer, including the aforementioned interest, with a minimum of € 100,-.
7. With regard to the amounts paid and/or payable by the Buyer, the relevant documents and data from the records of the Seller or of a third party engaged by the Seller provide full evidence, without prejudice to the Buyer’s right to provide evidence to the contrary.
8. If the Parties have agreed on a periodic payment obligation, the Seller is entitled to adjust the prices and rates in writing within a period of three (3) months. If the Buyer does not agree to this price change, it is entitled to terminate the Agreement in writing within thirty (30) days of notification of the change, by the date on which the change would take effect. The Buyer does not have such a right to terminate in the event that the Parties have agreed that the prices and/or rates will be adjusted with due observance of an index or other criterion agreed between the Parties.
9. The Buyer is not entitled to set off or suspend any payment or amounts due for any reason whatsoever.

Complaints

1. Complaints about the delivered goods must be submitted in writing by the Buyer to the Seller on the next (working) day before 12:00 noon, stating the packing slip number, article number and stating the reasons. If the period referred to in this paragraph is exceeded, any claim against the Buyer in respect of those shortcomings or defects will lapse. In case of damage or warranty, a photo can be requested by Seller. The affected goods must be available for inspection by Seller.
2. Complaints do not entitle the Buyer to suspend or refuse payment.
3. Complaints found by the Seller to be correct will lead to replacement or compensation of the goods in question, at the Seller’s discretion and with the express exclusion of compensation for wages or the like.

Warranty

1. For goods that are delivered by Seller, Seller does not provide any warranty other than the warranty given to Seller by the supplier of those goods with a maximum of 1 year.
2. However, if delivered goods show defects for which the Seller is responsible, the Seller undertakes, at its own discretion, to take these items back, to replace or to repair them.
3. If the Buyer makes repairs and/or makes changes on its own initiative or has them made or has them made, the Seller’s warranty obligations will be void.
4. Seller accepts no liability whatsoever for the operation of equipment and cabling to be built into Products manufactured by Seller.

Liability. The Seller is only liable to the Buyer in the following manner

1. Damage as a result of defects in delivered goods is only subject to liability as regulated in article 9 (warranty) of these terms and conditions.
2. The Seller is only liable if damage is not caused by intent or gross negligence on the part of the Seller or its subordinates.
3. The liability of the Seller is limited to the amount of the payment to be provided by the insurer of the Seller in a case in question.
4. Any liability of the Seller for trading damage or other indirect or consequential damage, of whatever nature, is expressly excluded.
5. If the insurance does not provide cover in any case or does not pay out, and the Seller is liable, the Seller’s liability is limited to twice the invoice value of the transaction, or at least that part of the transaction to which the liability relates.

Force majeure

1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence in this regard, all external causes, foreseen or unforeseen, over which the Seller has no influence, but as a result of which the Seller is unable to fulfil its obligations, including strikes in the Seller’s company.
2. During force majeure, the delivery and other obligations of the Seller will be suspended. If the period in which the Seller is unable to fulfil its obligations due to force majeure lasts longer than 2 months, both parties are entitled to dissolve the Agreement, without there being an obligation to pay compensation in that case.
3. If the Seller has already partially fulfilled its obligations at the time of the occurrence of the force majeure, or can only partially meet its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

Applicable law and disputes

1. The Agreement with the Buyer is exclusively governed by Dutch law, to the exclusion of the Vienna Sales Convention.
2. All disputes will be settled exclusively by the Dutch competent court, even if the Buyer is established abroad and a treaty regulation will designate a foreign court as competent. The Seller reserves the right to have the dispute with a foreign Buyer decided before a foreign competent court. If this dispute falls within the absolute jurisdiction of the Court, the Court of Arnhem / Netherlands has jurisdiction.