Terms & Conditions
INTERNATIONAL VERSION
1. Applicability
a. These Terms and Conditions apply to all offers and agreements between BAROQCO and the Buyer, of any kind whatsoever, and to the obligations arising therefrom. Variations from these Terms and Conditions may be agreed on with BAROQCO only in writing.
b. In these Terms and Conditions, “Buyer” means the Buyer or any party with which BAROQCO enters into or wishes to enter into an agreement, or to which BAROQCO makes an offer, delivers or performs, as well as its legal successors.
c. Purchase and other terms and conditions declared applicable by the Buyer will not bind BAROQCO, unless expressly accepted by BAROQCO in writing. Such acceptance may not be inferred from the fact that BAROQCO does not dispute a statement by the Buyer that it does not accept BAROQCO’s terms and conditions and declares other terms and conditions applicable.
d. If any provision of these Terms and Conditions is invalid or inapplicable for any reason whatsoever, these terms and conditions will otherwise continue to apply in full.
2. Offers and orders
a. All offers and quotations, made or given in any form whatsoever, will be without engagement, unless expressly otherwise agreed in writing. Offers and quotations will be valid during the period specified in the offer or quotation. If no period is specified, the offer or quotation will be valid for a period of thirty (30) days.
b. All prices are excluding VAT or other government levies and exclude specific costs to be made in the execution of an agreement, such as delivery, administration and handling cost. Combined price offers shall not create an obligation to sell products against a pro-rata price for partial delivery of products. Unless it is specified in the offer.
c. All pictures, drawings, samples, etc. and all data concerning weight, dimension, colour, etc. will be approximations only. Deviations will in no event entitle the Buyer to any damages and/or to dissolution of the agreement. Offers that clearly contain a mistake or misstype which is or can reasonably have been known by the buyer, will not bind BAROQCO
d. The Buyer must place its orders in writing. Orders given orally will not be accepted, nor will BAROQCO be bound by such orders in any respect.
e. BAROQCO will not be bound until it has expressly accepted an order in writing. It reserves the right to refuse an order without stating any reasons, to demand full payment in advance, or to demand security. Oral commitments will bind BAROQCO only after it has expressly confirmed such commitments to the Buyer in writing. The order confirmation will be deemed to fully and correctly set out the agreement, unless the Buyer objects within five days after the date of the order confirmation.
f. Orders accepted by BAROQCO can no longer be changed or cancelled. Any additions or changes to an agreement will bind BAROQCO only in so far as they have been confirmed by BAROQCO in writing.
3. Prices
a. All prices and rates are in Euros and exclusive VAT, shipment and insurance costs. (unless otherwise agreed in writing).
b. The prices are based on the production costs, exchange rates, wages, taxes, duties, charges, burdens, etc. that apply upon the conclusion of the agreement. If one or more of those cost factors increases, BAROQCO will have the right to increase the price accordingly, regardless of whether or not BAROQCO could have foreseen the change at the date of conclusion of the agreement. Such a price increase will not entitle the Buyer to dissolve the agreement.
4. Delivery
The delivery periods stated by BAROQCO will be indicative only. They are stated to the best of BAROQCO’s knowledge and will be observed to the extent possible. The exceeding of any delivery period, regardless of the reason, will not entitle the Buyer to damages, of any kind whatsoever, dissolution of the agreement or cancellation.
5. Complaints and guarantee
a. Complaints are all objections of the Buyer concerning the quantity, quality and/or soundness of the goods delivered.
b. Complaints related to externally visible defects must be made in writing not later than within five (5) days after delivery of the products. If that period is exceeded, any and all claims against BAROQCO in respect of those defects will lapse. The Buyer will be deemed to have approved the goods in that case. Complaints concerning defects that are not externally visible must be made in writing as soon as possible but not later than within five days after being discovered. If that period is exceeded, any and all claims against BAROQCO in respect of those defects will lapse. In the event of complaints, the Buyer must provide BAROQCO with an accurate statement of the nature and the grounds of the defects, with reference to the number of the invoice or, absent an invoice, the dispatch note or order confirmation. Any complaint concerning a particular delivery will not suspend the Buyer’s payment obligation in respect of that delivery and other deliveries, and will not entitle the Buyer to any settlement. With due observance of the restrictions set out below, BAROQCO warrants the soundness of the goods delivered by it:
• No guarantee will apply in respect of minor deviations in the qualities, finish and/or soundness of the goods delivered that are deemed admissible or are technically unavoidable in the sector in which BAROQCO operates.
• The guarantee will apply only to defects of which the Buyer proves that they are the result of a defective construction or of defective materials, and that occur during normal and judicious use of goods and materials under normal circumstances and for the purpose for which they are intended.
c. If the Buyer fails to fulfil its obligations under the agreement(s) concluded with BAROQCO or to do so in time, all rights under the guarantee will lapse.
d. BAROQCO’s guarantee will be expressly limited to repair of the defects, replacement of the defective goods, or full or partial dissolution of the agreement, without any judicial intervention and pro rata crediting, all of this at BAROQCO’s option. BAROQCO will have the right to reconsider an option chosen earlier.
e. Only in the event that Buyer is a consumer and does not act in the capacity of a professional or as a company, Buyer shall have the right, within fourteen (14) days after Buyer has received the purchased product from BAROQCO, to rescind, without cause, the agreement.
f. Returned products except earrings for hygiene reasons must be unchanged, undamaged, unused with the front BAROQCO label attached ( not damaged) and in their original packaging, after BAROQCO has given its written approval. Cost of return will be borne by the Buyer.
g. Product warranty is 6 (six) months of product purchase.
The guarantee will apply only to defects of which the Buyer proves that they are the result of a defective construction or of defective materials, and that occur during normal and judicious use of goods and materials under normal circumstances and for the purpose for which they are intended.
h. Complaints about invoices must also be submitted in writing within a period of five days after the invoice date. At the end of that period, the Buyer will be deemed to have approved the invoice.
6. Liability
a. liability for the delivery of goods will be limited to the fulfilment of its guarantee obligation described in the preceding Article. All liability other than that provided for in this Article for direct damage incurred by the Buyer, and all liability for indirect damage incurred by the Buyer from any cause whatsoever, including delay in the delivery period of goods, is expressly excluded.
b. If BAROQCO, notwithstanding or pursuant to the provisions of paragraph (a) of this Article is required for any reason whatsoever to compensate the damage, the damages per event or series of related events with the same cause will in no event exceed the invoice value of the delivered goods by which the damage was caused.
c. Any other claim against BAROQCO will lapse upon the mere expiry of a period of 5 working days after the claim arose.
7. Return shipments
BAROQCO will not take back any products that have been delivered and accepted. In the event of deviation from this provision – which may take place only in writing – the products must be delivered, postage paid, in their original condition to the address then specified by BAROQCO, for the Buyer’s account and risk.
8. Payment
a. Payment of the goods ordered must be made as follows: 100% payment prior shipment (unless it is agreed and notified differently) by means of transfer to BAROQCO’s (Varity Nusantara Hitrade) bank account, as stated to the Buyer.
b. BAROQCO will have the right to postpone each delivery until it has received payment not only of the purchase price of the goods delivered, but also of any other amounts payable to it by the Buyer.
c. The Buyer will in all cases make payment without any deduction or set-off, without delay on the grounds of alleged or actual breach of contract or on the grounds of an alleged right of complaint, and without the Buyer being entitled to block its payment obligations by levying an attachment on amounts that are or will become due to it from third parties, or otherwise.
d. If the Buyer fails to make payment within the stimulated periods, it will be deemed to be in default by operation of law and BAROQCO will have the right without any notice of default being required to charge the Buyer 1.5% interest per calendar month (or part of a calendar month) on the entire outstanding amount as from the invoice date, without prejudice to BAROQCO’s other rights, including the right to recover from the Buyer all of the costs involved in the collection, both in and out of court. In that case the out-of-court costs of collection payable by the Buyer will each time amount to at least 15% of the outstanding amount, subject to a minimum of € 100, without prejudice to BAROQCO’s right to a higher compensation if it proves that its actual costs are higher than the aforesaid percentages.
e. All payments made by the Buyer will first serve as payment of the interest and/or the costs (including costs of collection) due, and then as payment of the oldest outstanding invoice(s).
9. Title and risk
a. Upon the delivery of goods, the risk in the goods will pass to the Buyer, but title to the goods will not. All the goods delivered by BAROQCO will remain BAROQCO’s property until the moment of payment in full of all the amounts that the Buyer owes BAROQCO, on any ground whatsoever, including interest and costs. The Buyer will not have the right to pledge the goods that come under the retention of title, or otherwise to transfer them as security or to sell them, unless such sale takes place in the context of the Buyer’s normal conduct of business. If this is done nevertheless, the Buyer hereby transfers to BAROQCO all the rights and claims that it may then have in the event of sale or resale of those goods, or the Buyer will in any event, if necessary and as soon as possible, effect that transfer. Without prejudice to the other rights vested in it, the Buyer irrevocably authorises BAROQCO, if the Buyer fails to fulfil the obligations that it has undertaken towards BAROQCO or to do so in time, without any notice of default or judicial intervention being required, to take back the goods delivered by it, and for that purpose to gain access to the place where those goods are located. Until payment has been made in full, the Buyer will insure the goods and will store them separately.
b. Unless otherwise agreed in writing, delivery will be ex works (Incoterms 2000). As from the moment of delivery, all risks of loss, destruction, damage, etc., regardless of the cause, will pass to the Buyer.
c. The Buyer will be required to arrange, for its account and risk, for the dispatch or carriage of the goods ex works and for the taking out of insurance against the customary risks of carriage, unless otherwise agreed with BAROQCO in writing. If and in so far as BAROQCO arranges for transport and insurance, the costs involved will not be included in the specified prices, but will be charged separately and must also be paid by the Buyer prior to delivery.
10. Force majeure
If BAROQCO cannot reasonably be required to fulfil one or more of its obligations as a result of one or more of the circumstances listed below, it will have the right without any judicial intervention to suspend the performance of the agreement or to dissolve the agreement in full or in part, without being bound to pay any damages.
b. Those circumstances are: restrictive government measures of any kind whatsoever, epidemics, mobilisation, war, revolution, strikes, seizure, disruption of the production, lack of raw materials, semi-manufactured products, auxiliary substances and/or power, natural disasters, full or partial breach by a third party from which goods or services are to be received, and any other circumstance that BAROQCO could not reasonably foresee or that is beyond its control, on the grounds of which, if such a circumstance had been known upon the conclusion of the agreement, it would not have concluded the agreement or would not have done so on the same conditions.
c. Performance in one or more cases in circumstances as described in paragraph (b) will not affect BAROQCO’s right to exercise its power to dissolve the agreement in other cases.
11. Applicable law and disputes
a. These Terms and Conditions to which they relate will be subject to Dutch law.
b. All disputes, including those that are regarded as such by only one party, that may arise between BAROQCO and Buyer will be settled exclusively, by the competent court of Amsterdam, The Netherlands.
Terms & Conditions
EUROPEAN VERSION
1. Applicability
a. These Terms and Conditions apply to all offers and agreements between BaroQco and the Buyer, of any kind whatsoever, and to the obligations arising therefrom. Variations from these Terms and Conditions may be agreed on with BaroQco only in writing.
b. In these Terms and Conditions, “Buyer” means the Buyer or any party with which BaroQco enters into or wishes to enter into an agreement, or to which BaroQco makes an offer, delivers or performs, as well as its legal successors.
c. Purchase and other terms and conditions declared applicable by the Buyer will not bind BaroQco, unless expressly accepted by BaroQco in writing. Such acceptance may not be inferred from the fact that BaroQco does not dispute a statement by the Buyer that it does not accept BaroQco’s terms and conditions and declares other terms and conditions applicable.
d. If any provision of these Terms and Conditions is invalid or inapplicable for any reason whatsoever, these terms and conditions will otherwise continue to apply in full.
2. Offers and orders
a. All offers and quotations, made or given in any form whatsoever, will be without engagement, unless expressly otherwise agreed in writing. Offers and quotations will be valid during the period specified in the offer or quotation. If no period is specified, the offer or quotation will be valid for a period of thirty (30) days.
b. All prices are including VAT or other government levies and exclude specific costs to be made in the execution of an agreement, such as delivery, administration and handling cost. Combined price offers shall not create an obligation to sell products against a pro-rata price for partial delivery of products. Unless it is specified in the offer.
c. All pictures, drawings, samples, etc. and all data concerning weight, dimension, colour, etc. will be approximations only. Deviations will in no event entitle the Buyer to any damages and/or to dissolution of the agreement. Offers that clearly contain a mistake or misstype which is or can reasonably have been known by the buyer, will not bind BaroQco.
d. The Buyer must place its orders in writing. Orders given orally will not be accepted, nor will BaroQco be bound by such orders in any respect.
e. BaroQco will not be bound until it has expressly accepted an order in writing. It reserves the right to refuse an order without stating any reasons, to demand full payment in advance, or to demand security. Oral commitments will bind BaroQco only after it has expressly confirmed such commitments to the Buyer in writing. The order confirmation will be deemed to fully and correctly set out the agreement, unless the Buyer objects within five days after the date of the order confirmation.
f. Orders accepted by BaroQco can no longer be changed or cancelled. Any additions or changes to an agreement will bind BaroQco only in so far as they have been confirmed by BaroQco in writing.
3. Prices
a. All prices and rates are in Euros and inclusive VAT, but exclude shipment and insurance costs. (unless otherwise agreed in writing).
b. The prices are based on the production costs, exchange rates, wages, taxes, duties, charges, burdens, etc. that apply upon the conclusion of the agreement. If one or more of those cost factors increases, BaroQco will have the right to increase the price accordingly, regardless of whether or not BaroQco could have foreseen the change at the date of conclusion of the agreement. Such a price increase will not entitle the Buyer to dissolve the agreement.
4. Delivery
The delivery periods stated by BaroQco will be indicative only. They are stated to the best of BaroQco’s knowledge and will be observed to the extent possible. The exceeding of any delivery period, regardless of the reason, will not entitle the Buyer to damages, of any kind whatsoever, dissolution of the agreement or cancellation.
5. Complaints and guarantee
a. Complaints are all objections of the Buyer concerning the quantity, quality and/or soundness of the goods delivered.
b. Complaints related to externally visible defects must be made in writing not later than within five (5) days after delivery of the products. If that period is exceeded, any and all claims against BAROQCO in respect of those defects will lapse. The Buyer will be deemed to have approved the goods in that case. Complaints concerning defects that are not externally visible must be made in writing as soon as possible but not later than within five days after being discovered. If that period is exceeded, any and all claims against BAROQCO in respect of those defects will lapse. In the event of complaints, the Buyer must provide BAROQCO with an accurate statement of the nature and the grounds of the defects, with reference to the number of the invoice or, absent an invoice, the dispatch note or order confirmation. Any complaint concerning a particular delivery will not suspend the Buyer’s payment obligation in respect of that delivery and other deliveries, and will not entitle the Buyer to any settlement. With due observance of the restrictions set out below, BAROQCO warrants the soundness of the goods delivered by it:
• No guarantee will apply in respect of minor deviations in the qualities, finish and/or soundness of the goods delivered that are deemed admissible or are technically unavoidable in the sector in which BAROQCO operates.
• The guarantee will apply only to defects of which the Buyer proves that they are the result of a defective construction or of defective materials, and that occur during normal and judicious use of goods and materials under normal circumstances and for the purpose for which they are intended.
c. If the Buyer fails to fulfil its obligations under the agreement(s) concluded with BAROQCO or to do so in time, all rights under the guarantee will lapse.
d. BAROQCO’s guarantee will be expressly limited to repair of the defects, replacement of the defective goods, or full or partial dissolution of the agreement, without any judicial intervention and pro rata crediting, all of this at BAROQCO’s option. BAROQCO will have the right to reconsider an option chosen earlier.
e. Only in the event that Buyer is a consumer and does not act in the capacity of a professional or as a company, Buyer shall have the right, within fourteen (14) days after Buyer has received the purchased product from BAROQCO, to rescind, without cause, the agreement.
f. Returned products except earrings for hygiene reasons must be unchanged, undamaged, unused with the front BAROQCO label attached ( not damaged) and in their original packaging, after BAROQCO has given its written approval. Cost of return will be borne by the Buyer.
g. Product warranty is 6 (six) months of product purchase. The guarantee will apply only to defects of which the Buyer proves that they are the result of a defective construction or of defective materials, and that occur during normal and judicious use of goods and materials under normal circumstances and for the purpose for which they are intended.
h. Complaints about invoices must also be submitted in writing within a period of five days after the invoice date. At the end of that period, the Buyer will be deemed to have approved the invoice.
6. Liability
a. Liability for the delivery of goods will be limited to the fulfilment of its guarantee obligation described in the preceding Article. All liability other than that provided for in this Article for direct damage incurred by the Buyer, and all liability for indirect damage incurred by the Buyer from any cause whatsoever, including delay in the delivery period of goods, is expressly excluded.
b. If BaroQco, notwithstanding or pursuant to the provisions of paragraph (a) of this Article is required for any reason whatsoever to compensate the damage, the damages per event or series of related events with the same cause will in no event exceed the invoice value of the delivered goods by which the damage was caused.
c. Any other claim against BaroQco will lapse upon the mere expiry of a period of 5 working days after the claim arose.
7. Return shipments
BaroQco will not take back any products that have been delivered and accepted. In the event of deviation from this provision – which may take place only in writing – the products must be delivered, postage paid, in their original condition to the address then specified by BaroQco, for the Buyer’s account and risk.
8. Payment
a. Payment of the goods ordered must be made as follows:
100% payment prior shipment (unless it is agreed and notified differently) by means of transfer to BaroQco’s (Varity Nusantara Hitrade ) bank account, as stated to the Buyer.
b. BaroQco will have the right to postpone each delivery until it has received payment not only of the purchase price of the goods delivered, but also of any other amounts payable to it by the Buyer.
c. The Buyer will in all cases make payment without any deduction or set-off, without delay on the grounds of alleged or actual breach of contract or on the grounds of an alleged right of complaint, and without the Buyer being entitled to block its payment obligations by levying an attachment on amounts that are or will become due to it from third parties, or otherwise.
d. If the Buyer fails to make payment within the stimulated periods, it will be deemed to be in default by operation of law and BaroQco will have the right without any notice of default being required to charge the Buyer 1.5% interest per calendar month (or part of a calendar month) on the entire outstanding amount as from the invoice date, without prejudice to BaroQco’s other rights, including the right to recover from the Buyer all of the costs involved in the collection, both in and out of court. In that case the out-of-court costs of collection payable by the Buyer will each time amount to at least 15% of the outstanding amount, subject to a minimum of € 100, without prejudice to BaroQco’s right to a higher compensation if it proves that its actual costs are higher than the aforesaid percentages.
e. All payments made by the Buyer will first serve as payment of the interest and/or the costs (including costs of collection) due, and then as payment of the oldest outstanding invoice(s).
9. Title and risk
a. Upon the delivery of goods, the risk in the goods will pass to the Buyer, but title to the goods will not. All the goods delivered by BaroQco will remain BaroQco’s property until the moment of payment in full of all the amounts that the Buyer owes BaroQco, on any ground whatsoever, including interest and costs. The Buyer will not have the right to pledge the goods that come under the retention of title, or otherwise to transfer them as security or to sell them, unless such sale takes place in the context of the Buyer’s normal conduct of business. If this is done nevertheless, the Buyer hereby transfers to BaroQco all the rights and claims that it may then have in the event of sale or resale of those goods, or the Buyer will in any event, if necessary and as soon as possible, effect that transfer. Without prejudice to the other rights vested in it, the Buyer irrevocably authorises BaroQco, if the Buyer fails to fulfil the obligations that it has undertaken towards BaroQco or to do so in time, without any notice of default or judicial intervention being required, to take back the goods delivered by it, and for that purpose to gain access to the place where those goods are located. Until payment has been made in full, the Buyer will insure the goods and will store them separately.
b. Unless otherwise agreed in writing, delivery will be ex works (Incoterms 2000). As from the moment of delivery, all risks of loss, destruction, damage, etc., regardless of the cause, will pass to the Buyer.
c. The Buyer will be required to arrange, for its account and risk, for the dispatch or carriage of the goods ex works and for the taking out of insurance against the customary risks of carriage, unless otherwise agreed with BaroQco in writing. If and in so far as BaroQco arranges for transport and insurance, the costs involved will not be included in the specified prices, but will be charged separately and must also be paid by the Buyer prior to delivery.
10. Force majeure
a. If BaroQco cannot reasonably be required to fulfil one or more of its obligations as a result of one or more of the circumstances listed below, it will have the right without any judicial intervention to suspend the performance of the agreement or to dissolve the agreement in full or in part, without being bound to pay any damages.
b. Those circumstances are: restrictive government measures of any kind whatsoever, epidemics, mobilisation, war, revolution, strikes, seizure, disruption of the production, lack of raw materials, semi-manufactured products, auxiliary substances and/or power, natural disasters, full or partial breach by a third party from which goods or services are to be received, and any other circumstance that BaroQco could not reasonably foresee or that is beyond its control, on the grounds of which, if such a circumstance had been known upon the conclusion of the agreement, it would not have concluded the agreement or would not have done so on the same conditions.
c. Performance in one or more cases in circumstances as described in paragraph (b) will not affect BaroQco’s right to exercise its power to dissolve the agreement in other cases.
11. Applicable law and disputes
a. These Terms and Conditions to which they relate will be subject to Dutch law.
b. All disputes, including those that are regarded as such by only one party, that may arise between BaroQco and Buyer will be settled exclusively, by the competent court of Amsterdam, The Netherlands.
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