Article 1: Definitions
1.1 Laan Equipment (KvK 84048395) and its affiliated operating companies, as well as its legal successors under general title, are the user of these General Terms and Conditions and shall hereinafter be referred to as: "we", "us" and supplier.
1.2 "Other party" and/or "client" shall be understood to mean any (legal) person to whom we address our offers, as well as the person who addresses offers to us and the person who gives us an order, or the person with whom we enter into an agreement, and furthermore any person with whom we have any legal relationship and apart from such person, his representative(s), agent(s), assignee(s) and heir(s).

Article 2: Applicability
2.1 These General Terms and Conditions apply to all our offers, agreements, contracts of assignment (aimed at the performance of work by us) as well as all legal acts, deliveries, work and services performed by us, as well as services sold through us, including all pre-contractual situations as well as legal relationships to be entered into with us in the future regarding, among other things, the sale of (second-hand) machines, (company) vehicles, parts and accessories, the performance of repair, maintenance and other work on the products and/or machines and/or vehicles, and related services.
2.2 Deviations from and additions to these General Terms and Conditions shall only be binding on us if they have been agreed in writing.
2.3 If one or more provisions of these general conditions prove to be contrary to the law, the other provisions of these general conditions shall remain in full force.
2.4 In the event of a conflict between the contents of the agreement concluded between the other party and us and these general conditions, the provisions of the agreement shall apply.
2.5 If we do not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that we would in any way lose the right to require strict compliance with the provisions of these conditions in other cases.

Article 3: Conclusion
3.1 The agreement shall be concluded, insofar as applicable within the term set by us, at the moment of receipt by us of a written acceptance of an offer. If the other party makes an offer and/or gives an order, at the moment that we have approved and confirmed the offer and/or the order in writing or when we have started to execute the order.
3.2 If the other party has accepted the offer electronically, the agreement shall only be concluded after we have approved and confirmed it in writing. As long as the receipt of this acceptance has not been confirmed and approved by us in writing, the contract shall not yet have been concluded.
3.3 Additional agreements, changes and/or undertakings made after the contract was concluded, whether orally or in writing by our staff, representatives, salesmen or other intermediaries, shall not be binding unless they are confirmed by us to the other party in writing.
3.4 Orders placed through intermediaries, including agents, representatives or resellers, shall be legally valid only after we have confirmed them in writing. Verbal agreements and stipulations shall only be binding after they have been confirmed by us in writing by authorized persons.

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Article 4: Cancellation
4.1 In case of cancellation by the other party, we shall be entitled to retain and not refund a part of the down payment equal to 10% of the selling price with a minimum of € 1,500.00 per object by way of cancellation compensation, without prejudice to our right to claim additional compensation if the costs incurred (including delivery, storage, insurance and storage costs) are higher than the down payment amount.

Article 5: Guarantee, exclusion of liability
5.1 Used machines, vehicles and parts are sold without any form of warranty and in a condition as seen by the other party on the website or at the sales location and approved by the other party. We are not liable for any hidden or visible defects.  This exclusion of liability also includes liability for consequential damage and total or partial loss of the sold item as a result of the effect of hidden defects present at the time of delivery, for example, for a major mechanical damage or destructive fire as a result of a relatively minor hidden defect such as a minimal leaking fuel supply.  On used machines, vehicles and/or parts a warranty is only given if and insofar as specifically stated in the sales agreement.
5.2 If the other party invokes the guarantee provided by us in the relevant sales agreement or makes a claim, we shall assess the guarantee or complaint and, if necessary, settle it with due observance of what is stipulated in the agreement in this regard. Guarantee claims and claims in connection with non-conformity asserted by the other party cannot be transferred to third parties. All warranty requests or complaints should be submitted to info@laanequipment.com.
5.3 All rights and claims of the other party in connection with defects to the sold item will lapse if it does not institute legal proceedings within two months after becoming aware of those defects and in any case after three months after delivery of the sold item.  

Article 6: Machine and Vehicle History
6.1 When recommending Items, we generally base ourselves on any information provided by third parties and on the external condition of the Items. In principle, we do not check this information provided to us by third parties for correctness and we do not carry out any (technical) research. For example, we do not contact dealers to inquire about the maintenance history of a machine and we do not disassemble parts to investigate the condition of a machine.  The other party cannot derive any rights from errors or obvious mistakes in the information provided by us on this basis (on our website).
6.2 The other party shall have the right to attempt on its own initiative to ascertain the above-mentioned details of machine(s) and vehicle(s). We shall, if desired, lend our cooperation in this respect. The costs of this investigation shall be for the account of the other party.

 

Article 7: Retention of title
7.1 Delivery shall take place subject to retention of title. The ownership of the products and/or machines and/or vehicles, notwithstanding the actual delivery, shall only be transferred to the other party after the latter has paid all claims from us relating to the consideration for the products delivered or to be delivered by us to the other party by virtue of the agreement, or any similar agreement, or activities carried out or to be carried out for the benefit of the other party by virtue of such an agreement, as well as in respect of the claims for failure to perform such agreements.

Article 8: Dissolution
8. 1 If the other party fails to meet any (payment) obligation arising from any agreement concluded with us, or fails to do so in time or properly, despite a summons stating a reasonable period, as well as in the event of a suspension of payment, application for a moratorium, bankruptcy, placement under guardianship or liquidation of the other party's business, we shall be entitled without notice of default and without judicial intervention to dissolve the agreement or a part thereof, whereby the entire down-payment by way of cancellation fee shall be retained and not refunded, without prejudice to our right to claim additional compensation if the costs incurred (including delivery, storage, insurance and storage costs) exceed the down-payment amount.
8.2 In cases where the previous article does not (yet) provide a basis to dissolve a contract or a part thereof, we shall be entitled to dissolve the contract or a part thereof without notice of default and without judicial intervention until the moment the goods and/or services in question have been delivered to the other party.  If we exercise this right, we will not owe the other party any compensation for this and we will not be liable to pay the other party any damages for this reason.

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Article 9: Suspension and Right of Retention
9.1 We shall be entitled to suspend our performance (including future partial deliveries) if the other party fails to meet one or more of its obligations or if circumstances brought to our knowledge give us good reason to fear that the other party will fail to meet its obligations, except insofar as mandatory provisions prohibit us from doing so.
9.2 We shall be entitled to exercise the right of retention in respect of all the other party's goods to which the execution of the agreement relates and which we actually have in our possession within the framework of the agreement, if the other party fails to fulfil the obligations connected with the execution of the agreement, or other agreements concluded with the other party, wholly or in part.
9.3 We shall be entitled to recover from the other party any damage (including loss of interest) that we have suffered and the costs that we have had to incur in connection with the care relating to the goods that we actually have in our possession (including storage costs).

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Article 10: Sale with trade-in
10.1 If in the event of sale of a machine and/or vehicle in exchange for a machine and/or vehicle the other party continues to use the machine and/or vehicle to be exchanged in anticipation of delivery, the other party is obliged to look after the machine and/or vehicle with due care.
10.2 The machine and/or vehicle to be traded in shall first become our property at the time when we actually obtain the disposal of this machine and/or vehicle.
10.3 The machine and/or vehicle to be traded in must be free of financing and obligations towards third parties.
10.4 Unless otherwise agreed in writing, goods sold/exchanged by the Other Party to Us shall be complete, in good condition and free from hidden defects.
10.5 Unless otherwise agreed in writing, all documents pertaining to the machine and/or the vehicle shall be handed over to Us at the moment that the machine and/or the vehicle becomes our property.
10.6 During the use referred to in paragraph 1 of this article, the risk for the machine and/or the vehicle shall rest with the other party and all costs, in particular those of maintenance and any damage, whatever the cause, including as a result of loss, including the failure (or inability) to hand in the valid complete registration certificate and any other official documents, shall be at the expense of the other party.
10.7 If in our opinion the machine and/or vehicle to be traded in is no longer in the same condition as at the time of the conclusion of the agreement at the time that we actually have the disposal of that machine and/or vehicle, we are entitled to refuse the trade-in and to demand payment of the agreed purchase price of the machine and/or vehicle, or to revaluate the machine and/or vehicle to be traded in and to take the value at that time into consideration.
10.8 If in our opinion the machine and/or vehicle to be traded in has defects which could only have been discovered after the actual provision of the machine and/or vehicle, but which according to objective standards were already present at the time of the conclusion of the agreement, the other party shall be obliged to compensate us for the damage resulting from this. Damage shall be understood to mean a reduction in the assessed value.

Article 11: Force Majeure
11.1 In the event that force majeure delays or prevents the execution of the agreement, we shall be entitled to dissolve the agreement in writing, without this giving the other party any claim to damages.
11.2 Force majeure on our part shall also include any circumstance arising through no fault of ours as a result of which the normal performance of the contract is prevented. Such circumstances constituting force majeure shall in any case apply: - if the production or supply of a certain item is discontinued; - if we have sold the other party a machine and/or vehicle that still has to be exchanged and this machine and/or vehicle cannot be delivered to the other party due to circumstances for which we are not responsible; - loss, damage and/or delay during and by transport, extreme absence through illness of personnel, actions/measures at customs including (temporary) closure of certain geographical areas, fire, theft and other serious disruptions in our company or at our supplier(s).
11.3 If the manufacturer, importer or supplier makes modifications or (construction) changes to a product, we reserve the right to deliver the modified product, provided that the modified product has at least the normal user properties as the original product, as well as the special user properties, if and insofar as agreed in writing between us and the other party.

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Article 12: Liability
12.1 Except in the event of intent or deliberate recklessness on our part or on the part of our managers (including executive employees), our liability is excluded, regardless of whether that claim is based on an agreement concluded with us, in tort or otherwise.
12.2 In the event that we should be liable for damage, our liability shall always be limited to direct damage to goods or persons and shall never extend to any trading loss or other consequential damage, including loss of income and costs in connection with the rental of replacement machines and/or vehicles.
12.3 Should we be liable for damage, our liability shall furthermore be limited to the price for which the other party bought the product, or to an amount paid by the other party for the order, or at least to a maximum of the current market value of the vehicle concerned.
12.4 We shall never be liable for damage caused by activities which are not part of our normal activities and which are performed by us by way of service at the explicit request of the other party. These activities are performed at the expense and risk of the other party. Nor shall we be liable for damage resulting from inaccuracies in free advice.

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Article 13: Deviating clauses
13.1 If special terms and conditions of ours have been agreed upon in connection with the sale of certain products of ours, these special terms and conditions shall prevail to the extent that they relate to those particular products, should they conflict with these general terms and conditions. Otherwise, these general terms and conditions shall retain their validity.

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Article 14: Data processing
14.1 The other party's data shall be processed by us. We are also entitled to make these data available to third parties. Insofar as it concerns the processing of personal data, these are processing operations in the sense of the General Data Protection Regulation (AVG). On the basis of this processing, we can execute the contract, fulfill warranty obligations towards the other party, provide optimal service, provide the other party with timely product information and personalized offers. If it concerns the processing of personal data for the purpose of direct mailing, any objection lodged with us by the other party shall be honored.
14.2 The other party is aware that machines and vehicles sold by us are or may be equipped with software systems, which store information about the vehicle. The other party indemnifies Laan Equipment against any liability in this respect.

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Article 15: Penalties
15.1 The other party declares not to resell the goods purchased from Laan Equipment to parties included on the EU sanction lists and/or the OFAC Specially Designated Nationals And Blocked Persons List (SDN).

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Article 16: Applicable law, competent court and choice of forum
16.1 The provisions of the Vienna Sales Convention shall not apply, nor shall any future international regulation on the sale of movable property, the effect of which can be excluded by the parties.
16.2 Dutch law shall apply to all agreements concluded with us and all (other) legal relations between us and the other party.
16.3 All disputes arising from or in connection with the agreement shall, insofar as mandatory provisions of law do not dictate otherwise, be submitted exclusively to the competent court in the district of our place of business.