Terms and Conditions

Rivertex UK Ltd and/or Rivertex Technical Fabrics Group BV with its registered office's in Huntingdon and Culemborg (further referred to as “Rivertex”) declare;

1. APPLICABILITY OF THE TERMS AND CONDITIONS
1.1 These General Terms and Conditions form part of all present and future legal relations between Rivertex and the other party.
1.2 The applicability of the other party’s General Terms and Conditions is explicitly rejected.
1.3 The other party cannot derive any rights for future contracts with Rivertex from any agreed departures from the applicability of these terms and conditions.
1.4 The General Terms and Conditions are sent to the customer, who is then deemed to be familiar with them for future deliveries. The general terms and conditions can be sent free of charge at any time on request.

2. TENDERS
2.1 All of Rivertex’s tenders are free of obligation. A Rivertex tender is deemed to have been rejected, in any event, if the other party has not accepted it in writing within one month of the date of the tender.
2.2 A contract between Rivertex and the other party becomes effective after written confirmation by Rivertex of the order made by the other party. Any arrangements or undertakings made in advance which have not been confirmed in writing when the contract is concluded will thereby lapse.

3. PRICES
3.1 All prices are exclusive of VAT and other taxes.
3.2 If changes in the cost price factors should occur after the contract has come into force, Rivertex shall be entitled to stipulate that the agreed price shall be increased accordingly. Rivertex shall inform the other party of any price increases in writing. The other party shall be deemed to have accepted the price increase unless it has informed Rivertex in writing within 7 days of the receipt of the announcement of the price increase that it is cancelling the contract.
3.3 The other party may be charged a sum as a contribution to the freight costs. You can inquire of Rivertex at any time what these costs are and up to what invoice amount they will be charged. Import duties shall be paid by the buyer.

4. TERMS OF DELIVERY
4.1 The transport risk for the goods passes to the other party at the moment when the goods leave the place of storage in the Netherlands and are loaded into the means of transport.
4.2 If the other party fails to take delivery, Rivertex shall be entitled to store the goods at the other party’s expense and risk.
4.3 The delivery times stated and agreed in the tender are by way of an approximation. Rivertex shall make every effort to meet the agreed delivery time. Exceeding the stated delivery times shall not entitle the customer to terminate the contract and/or claim compensation.
4.4 The delivered quantity may vary by 5% from the ordered quantity. This may not be regarded as a breach of contract.

5. PAYMENT
5.1 Unless otherwise stipulated, our invoices are payable net and in cash 30 days after the invoice date.
5.2 Failure by the other party to meet its payment obligations shall entitle Rivertex to suspend any subsequent deliveries to the other party.
5.3 Without prejudice to the risk that has been transferred to the customer in relation to the goods, Rivertex retains the right of ownership of the goods supplied until they have been paid in full. In the event of failure to pay in full, the customer is obliged to return the goods at the first request. Where this is the case, the advances already paid remain in Rivertex’s possession in order to cover any losses on resale of the goods.
5.4 If the other party fails to pay on time it shall be bound to pay interest of 2% per month from the due date on the outstanding amount from time to time, with no requirement for notice of default.
5.5 All the judicial and extrajudicial costs which Rivertex is forced to incur in collecting what it is owed by the other party shall be paid by the other party.

6. COMPLAINTS AND RETURNS
6.1 Complaints about visible defects are not accepted if they are not notified to Rivertex at Culemborg by registered letter within 10 days of delivery or if the goods have been subject to a manipulation.
6.2 Complaints about concealed defects are not accepted if they are not notified to Rivertex at Culemborg by registered letter within 14 days of the discovery of the defects. Our responsibility for concealed defects is, in any event, limited to a period of 6 months from the delivery.

7. FORCE MAJEURE
7.1 In the event of force majeure, Rivertex shall be entitled to suspend the implementation of the contract at its discretion or to cancel the whole of the contract or the part of it that has not yet been implemented. Force majeure shall not entitle the customer to dissolve the contract or to claim compensation. By force majeure is understood, inter alia: interruption of supplies, strike, lock-out, fire, staff shortage.

8. SUSPENSION AND DISSOLUTION OF THE CONTRACT
8.1 In all instances where a contract is cancelled and/or dissolved on the customer’s account, the latter is legally bound to pay us compensation without further notice of default, set at 40% of the contract value.
8.2 If our trust in the buyer’s creditworthiness is shaken by events or acts which put in question our confidence in the proper performance of the obligations entered into by the buyer and/or make such proper performance impossible, we reserve the right to require suitable guarantees from the buyer. If the latter refuses to give these, we reserve the right to suspend all or part of our obligations or even to cancel all or part of the order.

9. LIABILITY
9.1 Rivertex is liable only for losses which are the direct and demonstrable consequence of a shortcoming attributable to Rivertex. Rivertex shall never be liable for any other form of loss, such as indirect damage, consequential damage, commercial loss, loss due to delay and loss of income.

10. MISCELLANEOUS
These terms and conditions have been deposited at the office of the Tiel Chamber of Commerce. Dutch law is applicable to these terms and conditions. Any disputes shall be heard by the court in Arnhem, The Netherlands.