General Terms and Conditions regarding the sale and delivery of GP Cars
Article I – General
- These General Terms and Conditions apply to all offers, orders, sales, contracting and other agreements related to the performance by ● (also acting under the tradename www.GPcars4sale.com, hereinafter: SELLER) with regard to the sale and delivery of products (mainly GP Cars) and/or services. All provisions will be in force between the parties, unless both parties have explicitly agreed otherwise in writing.
- Under these General Terms and Conditions SELLER is the party that refers to these conditions in its offers and the Customer is the party to whom the aforementioned offer(s) is (are) directed.
Article II – Offer and Agreement
- Offers made by SELLER are non-binding.
- If an agreement – consisting of a purchase order and these General Terms and Conditions – is offered in writing, it comes into effect on the day it is signed by the Customer and SELLER
- Other verbal commitments and/or other legal acts on behalf of SELLER only bind SELLER if they are made by expressly authorized representatives from SELLER or otherwise authorized persons.
Article III – Price and payment
- Unless otherwise stipulated by SELLER, quoted prices are based on delivery ex works as defined in the latest version of the ICC Incoterms, and are exclusive of packaging, VAT and other
governmental charges that may apply to sales and deliveries.
- Unless otherwise agreed upon, payments shall be invoiced as follows:
a. 40% upon signing of the purchase order,
b. 60% upon delivery.
- Payment has to be received in full by SELLER on the delivery date, without any deduction or setoff.
- If in case of late payment SELLER engages third parties to collect the debt, the invoice amount shall be increased by 10% administration costs, and all judicial, extra-judicial and other collecting costs shall be for the account of the Customer.
Article IV – Description of the products
- Information mentioned on the website www.GPcars4sale.com (hereinafter the Website) with
regard to the products as well as in any other form only has a descriptive function and is not
binding as regard the accurateness of the description, unless explicitly stated otherwise in the
Article V – Delivery
- All products are delivered by SELLER ex works.
- Delivery by SELLER shall take place after fulfilment of each of the following requirements:
a. in case further paperwork is required to perform the sale: the date of receipt by SELLER of the
necessary documents, data, permits, etc.;
b. payment in full by the Customer;
c. in case further work has to be performed on the product: the performance of such further work.
- The product shall be ready for delivery when SELLER has informed the Customer accordingly and has set the delivery date.
- The Customer is obliged to collect the product on such delivery date.
- As from the delivery date all costs are for the account of the Customer (such as maintenance and storage costs).
Article VI – Risk and ownership
- The risk for the product passes on to the Customer upon the delivery date of the product Ex Works.
- Notwithstanding the provision above, ownership of the product shall pass to the Customer if the Customer has paid to SELLER the full purchase price and all other amounts which may be related to the delivery activities, including interest.
- Article VII- Non-performance by the Customer
If the Customer fails to fulfill its payment obligations SELLER may terminate the Agreement and charge a penalty of 15% of the agreed price to the Customer, irrespective of SELLER’s right to claim other costs resulting from customer’s non-performance of its obligations under the Agreement.
Article VIII – Guarantees and liability
- All products are sold in the condition “as is”.
- SELLER guarantees that it is fully entitled to perform the sale of the product.
- SELLER shall inform the Customer whether the product concerns a replica or not. In case SELLER has stated that the product is not a replica, this implies a guarantee about the product’s origin.
- SELLER does not guarantee any other aspects of the product, including but not limited to the workmanship, quality and condition of the product, its ability to be driven, any improvements or repair work that SELLER may have performed, or infringement of any third party rights.
- Furthermore, SELLER does not guarantee that it shall succeed in obtaining the required paperwork to execute de delivery.
- SELLER’s liability, in case of non fulfilment of guarantee obligations described in this article VIII, shall at all times be limited to the repayment of the (paid parts of) the purchase price to the
Article IX – Force Majeure
- Under these General Terms and Conditions, force majeure is defined as: any circumstance which prevents the due performance of the Agreement or makes its performance unreasonably difficult for a reason, which is beyond SELLER’s control, including fire and other disruptions in SELLER’s business operations. In case force majeure applies, the parties will duly negotiate whether an extension of each party’s performance or a cancellation of the Agreement is preferable.
Art. X – Disputes and applicable law
- . All disputes related to the Agreement and these general terms and conditions apply shall be submitted to the competent court in Overijssel, the Netherlands and shall be governed by the law
of the Netherlands.
Version 26 January 2021