Terms & Conditions

1.1 DCT BV (hereinafter: "DCT"): a private limited company, located at Mercuriusweg 28, 6971GV Brummen, registered at the Dutch Chamber of Commerce under number 69378843, VAT number NL002394201B38. 1.2 Buyer: exclusively a legal entity or a natural person acting in the exercise of a profession or business. These terms do not apply to agreements with consumers. 1.3 Agreement: any arrangement between DCT and the buyer for the supply of products and/or services. 1.4 Products: welding tables, clamping tools, fixturing equipment, positioning systems, and related parts and accessories supplied by DCT.

2.1 These general terms and conditions apply to all offers, quotations, orders and agreements of DCT, unless explicitly and in writing agreed otherwise. 2.2 The applicability of any purchase or other general conditions of the buyer is expressly rejected. 2.3 Deviations from or additions to these terms are only valid if confirmed in writing by an authorised representative of DCT. 2.4 If one or more provisions of these terms are null and void or voidable, the remaining provisions shall remain in full force.

3.1 All offers and quotations from DCT are non-binding, unless an acceptance period is explicitly stated. 3.2 A quotation expires after the stated validity period. In the absence of a validity period, the quotation expires after 30 days. 3.3 DCT cannot be held to a quotation if the buyer could reasonably have understood that the quotation contains an obvious error or typographical mistake. 3.4 Compound price quotations do not oblige DCT to deliver part of the offer at a proportionate part of the stated price.

4.1 An agreement is formed when DCT confirms the order or assignment in writing, or begins execution thereof. 4.2 Verbal commitments by DCT employees are only binding upon written confirmation by DCT. 4.3 DCT reserves the right to refuse an order without stating reasons.

5.1 All prices are in euros, excluding VAT, packaging costs and shipping costs, unless explicitly stated otherwise. 5.2 Stated prices are based on cost factors at the time of quotation. In the event of a significant increase in purchase prices, raw materials, exchange rates or government levies, DCT reserves the right to adjust the agreed price accordingly, provided the price increase occurs more than three months after the conclusion of the agreement. 5.3 Special discounts, bundled price offers or personal rates are non-transferable and apply only to the order for which they were issued.

6.1 Payment must be made prior to delivery, unless explicitly agreed otherwise in writing. DCT is not obliged to deliver until the payment due has been received in full. 6.2 For online orders via the website, payment must be made in full at the time of placing the order. 6.3 For payments based on a quotation, the full invoice amount must have been credited to DCT's bank account before delivery takes place. 6.4 If parties agree in writing to a different payment term, the buyer is in default by operation of law upon expiry of that term, without any notice of default being required. 6.5 In the event of default, the buyer owes interest of 1.5% per month on the outstanding amount, whereby part of a month is counted as a full month. 6.6 All reasonable costs incurred by DCT to obtain payment — both judicial and extrajudicial collection costs — shall be borne by the buyer. Extrajudicial collection costs amount to at least 15% of the outstanding amount, with a minimum of €250.00. 6.7 Payments are first applied against costs, then against interest due, and then against the principal.

7.1 Delivery takes place ex-works at the warehouse in Brummen (EXW — Incoterms 2020), unless agreed otherwise in writing. 7.2 Risk of loss, damage or deterioration of the products transfers to the buyer at the moment of handover to the first carrier, or upon collection: at the moment of actual transfer. 7.3 Stated delivery times are indicative and never constitute a firm deadline. Exceeding a delivery time does not entitle the buyer to compensation or dissolution of the agreement. 7.4 Collection is only possible after prior appointment and after full payment. 7.5 If the buyer refuses delivery or is negligent in providing information or instructions necessary for delivery, DCT is entitled to store the products at the buyer's expense and risk.

8.1 All products delivered by DCT remain the property of DCT until the buyer has fully complied with all obligations under the agreement, including payment of the purchase price, interest and costs. 8.2 The buyer is not entitled to pledge, encumber, transfer or otherwise dispose of products subject to retention of title, other than in the normal course of business. 8.3 If third parties seize or wish to establish or assert rights on products delivered under retention of title, the buyer is obliged to notify DCT immediately. 8.4 DCT is entitled to reclaim the products if the buyer fails to meet payment obligations. The buyer hereby irrevocably grants DCT permission in advance to enter its premises to retrieve the products.

9.1 Return of products is only possible after prior written consent from DCT. 9.2 Products will only be accepted for return if they are unused, undamaged and in their original, unopened packaging. 9.3 Returns must be made within the period and in the manner specified by DCT in writing. Return shipping costs are borne by the buyer. 9.4 Custom-made, specially ordered or otherwise personalised products cannot be returned. 9.5 DCT reserves the right to charge a restocking fee of up to 15% of the invoice value to cover handling and administration costs.

10.1 The buyer is obliged to inspect delivered products immediately upon receipt for visible defects, damage and delivery errors. 10.2 Complaints regarding visible defects or shortcomings must be reported to DCT in writing within 5 working days of receipt, with an accurate description of the defect. 10.3 Complaints regarding non-visible defects must be reported in writing within 5 working days of discovery, but no later than 3 months after delivery. 10.4 After the expiry of the periods mentioned above, the right to complain lapses and DCT is no longer obliged to handle the complaint. 10.5 Complaints do not suspend the buyer's payment obligation.

11.1 DCT warrants that delivered products conform to the description in the agreement and are free from material and manufacturing defects at the time of delivery. 11.2 There is no fixed warranty period. Warranty is assessed on a case-by-case basis, taking into account the nature of the product, the nature of the defect and the circumstances of use. 11.3 Warranty claims must be reported in time in accordance with Article 10. DCT decides at its own discretion whether the defect falls under the warranty and whether repair, replacement or credit is the most appropriate remedy. 11.4 Warranty is excluded in cases of: normal wear and tear; incorrect, careless or unprofessional use; use contrary to product specifications or documentation; unauthorised modifications or repairs; damage by third parties, transport damage after transfer of risk, or force majeure. 11.5 Warranty applies exclusively to the original buyer and is non-transferable.

12.1 DCT's total liability under an agreement is limited to the amount invoiced and received for that specific delivery, with a maximum of €25,000.00 per event or series of related events. 12.2 DCT is never liable for indirect damage, consequential damage, lost profits, missed savings, damage caused by business interruption, or loss of data. 12.3 The liability limitations do not apply if the damage is the result of intent or deliberate recklessness on the part of DCT or its managerial staff. 12.4 The buyer indemnifies DCT against all third-party claims arising from or related to the buyer's failure to fulfil its obligations. 12.5 Claims for damages lapse if the buyer fails to institute legal proceedings within 12 months of discovering, or reasonably being able to discover, the defect.

13.1 DCT is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure includes: circumstances beyond DCT's control that prevent or seriously impede performance of the agreement, including: strikes, fire, flooding, pandemics, government measures, disruptions in the supply of raw materials or transport, and disruptions at suppliers. 13.2 If the force majeure situation persists for more than 60 days, both parties are entitled to dissolve the agreement in writing without any obligation to pay compensation.

14.1 Dutch law exclusively applies to all agreements between DCT and the buyer. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. 14.2 Disputes arising from or related to an agreement shall be submitted exclusively to the competent court of the District Court of Gelderland, location Zutphen, unless the parties agree in writing to another form of dispute resolution. 14.3 Notwithstanding the foregoing, DCT is entitled to bring disputes before the court having jurisdiction under the ordinary rules of relative competence.