Terms and Conditions

 

  1. Applicability
    1.1. These general terms and conditions apply to and form an integral part of all offers, quotations, and agreements concerning the provision of products and/or services by Inflata, hereinafter referred to as "the user," unless explicitly agreed otherwise in writing.

1.2. The term "the customer" refers to any (legal) entity that orders or purchases goods or services from or through the user.

1.3. Deviations from these conditions are only valid if expressly agreed upon in writing by both parties.

  1. Formation and Amendment of Agreement
    2.1. All offers and quotations provided by the user, in any form, are non-binding unless explicitly stated otherwise in the offer. An agreement is only established after written (order) confirmation by the user or actual execution by the user.

2.2. Any descriptions in offers, quotations, agreements, or related attachments (such as images, drawings, sizes, weights, colors, or sample products) are for indicative purposes only. Minor deviations will not be at the user's expense or risk.

2.3. Obvious errors or mistakes in offers or quotations do not obligate the user to fulfill or compensate for such errors, even after the agreement has been concluded.

  1. Execution of the Agreement
    3.1. Delivery occurs according to the applicable Incoterm: Ex Works (EXW). If the customer refuses to accept delivery or fails to provide necessary information or instructions for delivery, the user is entitled to store the goods at the customer’s expense and risk.

3.2. Goods are considered delivered when the user notifies the customer that the goods are ready for collection or dispatch. Once delivered, the risk of the goods transfers to the customer.

3.3. If it is expressly agreed that the user will arrange transport, the costs and risks of loss or damage during transit are borne by the customer.

3.4. Stated delivery times in offers, quotations, or agreements are approximate and non-binding. Delays do not entitle the customer to compensation or contract termination unless explicitly agreed otherwise.

  1. Prices
    4.1. All prices are in euros and exclude VAT and other government-imposed charges unless stated otherwise. Any additional costs related to import or customs clearance are not included and are borne by the customer.

4.2. Prices quoted in offers are based on current market conditions, exchange rates, wages, taxes, and other relevant factors at the time of the offer. Changes in these factors after confirmation may result in price adjustments.

4.3. If price adjustments exceed 10% of the total agreed amount, the customer has the right to terminate the agreement in writing within eight days of being informed of the price increase.

  1. Payment
    5.1. Payments must be made within 30 days of the invoice date, without deductions, discounts, or set-offs, unless agreed otherwise in writing.

5.2. The user reserves the right to demand partial or advance payments and may suspend execution of the agreement until such payments are received.

5.3. Failure to pay on time automatically places the customer in default, with interest applied at the statutory commercial rate from the due date.

5.4. Any collection costs incurred by the user due to non-payment, including legal and administrative expenses, are fully chargeable to the customer.

  1. Warranty
    6.1. Warranty terms are only valid if explicitly stated in writing by the user. In the absence of such terms, statutory rights apply.

6.2. If a warranty claim is valid, the user may choose to repair, replace, or refund the defective goods or services.

6.3. Warranty claims are void if defects result from improper use, unauthorized modifications, or external causes such as fire or water damage.

  1. Returns
    7.1. Complaints regarding delivered goods must be submitted in writing within 14 days of delivery. Complaints submitted after this period will not be accepted unless the defect was not reasonably detectable at delivery.

7.2. Goods may only be returned with prior written approval from the user. Approval does not imply acknowledgment of the reason for return.

7.3. Return shipments are at the customer’s risk until received and inspected by the user.

  1. Retention of Title
    8.1. All delivered goods remain the property of the user until the customer fulfills all payment obligations.

8.2. The customer must store the goods in a way that they remain identifiable as the user’s property.

8.3. The user reserves the right to reclaim goods if the customer fails to meet payment obligations. The customer grants the user access to any premises where the goods are stored for this purpose.

  1. Liability
    9.1. The user’s liability is limited to compliance with warranty obligations as outlined in these terms.

9.2. Except in cases of intent or gross negligence, the user is not liable for indirect damages, including business interruption or loss of profit.

9.3. In all cases, the user’s liability is capped at the invoice value of the delivered goods or services.

  1. Force Majeure
    10.1. The user is not liable for failure to fulfill obligations due to force majeure, including but not limited to natural disasters, strikes, transportation delays, or supplier issues.

10.2. During force majeure, obligations are suspended. If force majeure lasts longer than three months, either party may terminate the agreement without compensation.

  1. Disputes
    11.1. These terms are governed by Dutch law.

11.2. Disputes will be settled by the competent court in the user’s location unless the user opts for the customer’s jurisdiction.