Libra Energy BV is a trading company. It is established in Uitgeest, the Netherlands, and registered in the Trade Register under Chamber of Commerce registration number 37140128. Libra’s clients can only be persons that trade in the practice of a profession or operation of a business.
1.1 These general terms and conditions apply to all offers, agreements and deliveries of Libra, unless explicitly otherwise agreed upon in writing. Other terms and / or conditions will never be accepted.
2.1 Libra is only bound by an agreement if it sends a written quotation or order confirmation to the buyer and this has been accepted in writing or by email within three days by the customer.
3.1 The prices offered or confirmed by Libra only concern the items mentioned in the quotation or confirmation. Costs of transport and other additional costs are invoiced separately by Libra against the cost price paid by Libra.
3.2 Prices offered or confirmed by Libra are subject to a change in external factors over which Libra has no control. Price increases related thereto shall be passed on if more than one month has elapsed or will expire between the date of the agreement and the date of delivery.
3.3 Payments are only discharging if they are made by transfer to the bank account with the name as stated on our invoice.
3.4 Every invoice from Libra must be paid within eight days after the invoice date but no later than before the shipment of the products, unless otherwise agreed in writing.
3.5 In case of overdue payment the customer is in default and the statutory commercial interest is due from the invoice date.
3.6 Payment is due without any discount or settlement.
3.7 In case of any default in payment, Libra is entitled to hand over her claim for collection. The extrajudicial collection costs will for the borne by the customer. These penalty costs are at least 15% of the invoice amount increased with the interest due.
4.1 Libra is a trading company and holds only limited stock. Agreed delivery periods shall be only indicative. In addition to force majeure, as referred to by Dutch Law, not, not timely or incorrect delivery by Libra's suppliers or carriers constitute force majeure on the part of Libra.
4.2 If force majeure for any reason whatsoever lasts longer than three weeks after the indicated delivery time, both parties have the right to dissolve the agreement with regard to because of the part not yet performed. The Customer has the right only after he has notified Libra for compliance and has set a reasonable term for it.
4.3 Delivery will take place only after payment of all amounts owed by the customer to Libra unless agreed otherwise in writing.
5.1 The risk shall pass to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of shipment.
5.2 If the customer is not personally present at the location of delivery, the material may be left at the delivery address at the expense and risk of the customer.
6.1 The manufacturer of the goods that are or are related to the agreement is, with the exclusion of Libra, liable for the delivered goods. The delivered goods are only guaranteed by the manufacturer. Even if the producer gives no or insufficient guarantee, Libra is not liable.
6.2 Libra will, at the customer's first request, transfer to the buyer as far as possible its rights in respect the manufacturer.
6.3 Libra is only liable for damage resulting from its own intent or gross negligence. If Libra is liable, its liability is limited to the value of the delivered goods as indicated on the invoice.
7.1 Libra shall reserve ownership in the goods until full payment of all its claims.
7.2 The customer shall be obliged to handle the goods with care; in particular, the customer shall be obliged to adequately insure them at his / her own costs, for their reinstatement value against damage due to fire, water and theft.
7.3 In the event of attachment/execution by third parties or (imminent) bankruptcy, moratorium or debt repayment, the customer shall inform Libra immediately in writing so that Libra can take appropriate measures to protect its interests.
8.1 Inapplicability, invalidity, nullity or nullification of a provision of the agreement and these General Terms and Conditions does not affect the applicability and validity of the other determination.
8.2 Dutch law shall be governed to all disputes between parties that are related to agreements with Libra. They belong to the exclusive jurisdiction of the court in The Netherlands, Amsterdam.
8.3 The General Terms and Conditions are translated from Dutch language. The Dutch version will prevail in case of any inconsistencies of in case of doubt.