GENERAL SALES AND DELIVERY CONDITIONS
FLAMINGO PARQUET BV

Download our General Terms and Conditions in .PDF format:
Nederlands: FlamingoParket_AVL2024_NL.pdf
Inglese: FlamingoParket_AVL2024_ENG.pdf
german: FlamingoParket_AVL2024_DE.pdf

Article 1. General
1.1. In these General Terms and Conditions of Sale and Delivery the following definitions apply: The Supplier: Flamingo Parket, supplier of mainly parquet floor components. The Customer: A customer of the Supplier. Parties: The Supplier and the Customer together. The General Terms and Conditions: The present General Terms and Conditions of Sale and Delivery, drawn up by the Supplier, which apply to the legal relationship between the Parties.
1.2. General terms and conditions referred to by the Customer do not apply and are expressly rejected.
1.3. Deviations from the General Terms and Conditions are only valid if they have been confirmed in writing by the Supplier to the Customer.
1.4. The Terms and Conditions are subject to change. The amended General Terms and Conditions will be effective fourteen days after notification thereof to the Customer.

Article 2. Quotations, orders, prices and agreements
2.1. All quotations issued by the Supplier are without obligation, unless the quotation expressly states otherwise.
2.2. The information contained in quotations, price lists and other documentation, such as images, drawings, calculations, measurements and weight statements, are not binding for the Supplier. Sample boards, sample floor parts, images and descriptions of items provide a general indication of the products and are not binding for the Supplier.
2.3. The prices used by the Supplier are ex works or ex warehouse, excluding turnover tax, excluding packaging and excluding transport, unless stated otherwise in writing.
2.4. Orders should preferably be placed in writing, after which, after approval by the Supplier, they will be confirmed by the Supplier as soon as possible (if necessary, with changes) by means of an order confirmation. Unconfirmed orders may always be refused by the Supplier without stating a reason.
2.5. Agreements are only concluded after a written order confirmation by the Supplier. The Customer is bound by this order confirmation if it has not denied the correctness of the content of such confirmation in writing within five working days.
2.6. Changes to the agreement are only valid if they have been confirmed in writing by the Supplier to the Customer.
2.7. Orders placed by representatives are binding on the Parties, on the understanding that the Supplier has the right to notify the Customer in writing within seven working days of placing the order that it cannot execute the order or cannot execute it unchanged if the unchanged execution of an order received via a representative is impossible due to circumstances of which that representative could not reasonably have been aware. In that case, the order will be considered canceled unless the Supplier has already confirmed the order in writing or the Parties still reach an agreement.
2.8. It is possible that after order confirmation it appears that goods cannot be delivered in accordance with the order confirmation. In that case, the Supplier will inform the Customer thereof. In this case, both parties have the right to terminate the agreement free of charge up to three weeks before the planned delivery date. However, both parties have an obligation to make every effort to find a solution or alternative together. The damage suffered by the Customer can reasonably be recovered from the Supplier (if cancellation is made after the stated period).
2.9. The Supplier is permitted to round up deliveries to whole or solid packages, unless otherwise agreed in writing. If the order does not concern packaged material, an additional delivery of three percent of the quantity ordered by the Customer is permitted. Unless otherwise agreed in writing, under-delivery is not permitted.
2.10. If delivery of material takes place two months or more after the order date and cost price increases occur on the part of the Supplier, for example as a result of changes in levies, duties, excise duties, raw materials and/or currency, then it is entitled to charge the difference to the Buyer. to charge. Any unfulfilled order or part thereof will be delivered at the changed prices, subject to the right of the Customer to cancel the undelivered orders or parts thereof within eight days after notification of the change to the Customer in writing and to suffice with the reimbursement of the part of the order that has already been carried out by the Supplier on the basis of the agreed price.

Article 3. Delivery and transport
3.1. Unless otherwise agreed, the place of delivery is the place of business of the Supplier. From the moment of delivery, the risk of the goods to be delivered is transferred to the Customer.
3.2. The party under whose responsibility the transport takes place must ensure that the goods are always transported in closed vehicles.
3.3. The delivery term commences as soon as the agreement has been entered into and after all information that the Buyer must provide has been received by the Supplier. Unless agreed otherwise in writing, the terms of delivery specified by the Supplier can never be regarded as deadlines. In the event of late delivery, the Customer is not entitled to compensation or the possibility of dissolution of the agreement, nor may it suspend receipt and payment. If no timely delivery has taken place, the Supplier will be granted a reasonable period of time in which to make the delivery. This reasonable term is equal to the original delivery time with a maximum of one month. If this reasonable term is exceeded, the Customer has the right to dissolve the agreement.
3.4. The Supplier delivers in one delivery, unless agreed otherwise with the Customer.

Article 4. Reception and control
4.1. For the purpose of proper quality control, the Supplier shall, as far as possible, provide the materials it produces itself with a permanent code.
4.2. The Customer is obliged to take immediate receipt as soon as delivery takes place as agreed. If the Customer fails to do so, the resulting costs, such as storage and transport costs, will be borne by the Customer. An amount of 1% of the invoice value excluding VAT per month will be payable for the storage costs.
4.3. The Supplier must carry out an exit check and the Customer must carry out an entry check.

• For Twin-Planks, tapis, solid plank floors, strips, mosaics, plaques and patterned floors, the moisture percentage of the wood must be measured during both checks.
• During installation, the Customer must indicate (or have recorded): the relative humidity in the room in which the floor is being processed, the moisture percentage of the subfloor, the installation method, the adhesives used and all other relevant matters.
• When measuring wood moisture, a reputable calibrated electronic digitally readable meter (with impact electrode) must be used, whereby in the event of contradiction a (recognized) drying oven is ultimately decisive.
• For all floor types, an optical inspection must also take place at both the Supplier and the Customer.

If no entry inspection has been carried out by the Customer, a complaint is not possible.

4.4. If an abnormality is found during the entry inspection, the Customer must report this in writing to the Supplier within two working days. If no notification is made, the Customer declares to have received the goods in good condition, on time, and in the agreed quantity (at pallet/package level). Complaints based on defects that have not been reported are excluded, except for defects that were not apparent at the time of delivery.

Article 5. Payment
5.1. Delivery will take place on account after creditworthiness testing and/or acceptance by the credit insurance company. First deliveries will be made in cash or cash on delivery.
5.2. In the event of delivery on account, the Customer is obliged to pay within thirty days of the invoice date.
5.3. The Supplier is entitled to invoice each partial delivery (if agreed).
5.4. If the Customer does not pay within the specified period, he is in default without notice of default being required. From the day on which the default occurred, the Customer owes interest on the invoice amount or the outstanding part thereof. The interest rate is equal to the statutory commercial interest rate.
5.5. If the Customer is in default, he will also owe the Supplier extrajudicial costs of at least fifteen percent of the outstanding invoice amount, with a minimum of € 150,00. The Supplier can choose that the Customer is charged for the actual costs for which the Supplier itself is taxed, or for the aforementioned fifteen percent.
5.6. If the Customer fails to fulfill its obligations under the agreement concluded with the Supplier or if the Supplier has good grounds to fear that the Customer will fail to do so, or if the Customer is subject to seizure, if he is granted a suspension of payment requests payment or his bankruptcy has been filed or declared or he makes a payment arrangement with his creditors, any claim of the Supplier against the Customer is immediately due and payable in full. In addition, in that case the Supplier has the right to terminate the agreement to the extent that it has not been (or not fully) executed, without further notice of default or judicial intervention, and to take back the goods already delivered but not yet paid for, all without prejudice to the right of the Supplier to compensation.
5.7. The payments made by the Customer first serve to pay costs, then interest and then the oldest debts to the Supplier, even if the Customer has given a different title to his payment.

Article 6. Product and warranty
6.1. In general, the Supplier supplies a semi-finished product. He therefore guarantees the delivery of goods without material defects. A professional installation, and the processing of the goods into an end product, is the responsibility of the Customer and not of the Supplier. Damage resulting from installation defects, storage and installation errors and the like is therefore at the expense and risk of the Customer and cannot be recovered from the Supplier.
6.2. Parquet floor components are natural products. Natural deviations in color and structure and the like are therefore unavoidable. Minor deviations in quality, colour, finish, size and weight that are deemed acceptable in the trade and/or technically unavoidable are permitted. Such deviations therefore do not oblige the Supplier to replace or pay compensation, and they do not entitle the Customer to refuse receipt or payment of the delivered goods. Mutual color deviations of a delivery are permitted, if they are in accordance with European standards (CEN).
6.3. Advice and data with regard to the goods to be delivered as well as instructions for their use are provided by the Supplier to the best of its knowledge. The Supplier does not accept any liability for the correctness of its advice, data and instructions for use, except insofar as these have been provided in writing. Instructions and instructions from the Supplier must be complied with by the Customer, without prejudice to the Customer's obligation to carry out its own checks and tests under the prevailing circumstances. The Customer must ensure that its employees are trained and educated in such a way that they are able to properly use and process the goods delivered by the Supplier.
6.4. The Supplier provides a warranty against material defects for two years after delivery. For goods covered by a manufacturer's guarantee and/or an importer's guarantee, the guarantee provisions issued by the manufacturer or the importer respectively apply. Promises made by the manufacturer or importer outside the guarantee provisions set by themselves are not binding on the Supplier.
6.5. The guarantee does not apply to defects caused by normal wear and tear, in the event of improper and/or careless use, in the event of insufficient and/or improper maintenance, incorrect storage, accidents and/or disasters such as fire and water damage, and if goods have been improperly modified or repaired by third parties without the permission of the Supplier. The Supplier will be given the opportunity by the Customer to assess the expertise of the repair carried out within two working days. If the Supplier fails to do so, the repair is deemed to have been carried out with the permission of the Supplier and the warranty applies. In all other cases mentioned here, a complaint is never possible, not even if that complaint takes place within the warranty period.
6.6. If the Customer is in default with regard to its payment obligation and/or other obligations relating to the delivery in question, any warranty claim will lapse.

Article 7. Complaints and complaint handling
7.1. Complaints are only possible if the requirements set out in the General Terms and Conditions have been met. Barring emergencies, an entry check by the Customer must have taken place within two working days. In the event of calamities, the Customer will inform the Supplier within two working days, and the Parties will determine a reasonable period for the entry inspection in consultation. With regard to apparent defects, they must be reported to the Supplier, under penalty of forfeiture of any right to complain. If notification has been made within the specified period, the Supplier will take back the floor and the Customer will have no obligation to pay.
7.2. Complaints do not entitle the Customer to suspend payment, and settlement is expressly excluded. Complaints regarding a substantial part of the order entitles the Customer to reject or refuse the entire order.
7.3. If the Supplier handles a complaint without being obliged to do so, the Supplier's efforts can only be regarded as leniency without acceptance of any liability. If it appears that the complaint has been made wrongly, the Customer is obliged to reimburse the Supplier for the costs incurred in this respect, for example with regard to work and goods delivered.
7.4. Goods about which a complaint is made and which are located elsewhere than in the Supplier's warehouse, must be stored by the Customer at his own expense and risk. In that case, the Customer must take care of the goods and keep them adequately insured against the usual risks.
7.5. When installing, the Customer must ensure a good mix of the delivered parquet floor components, usually a mix of four to five packs, in order to achieve a faithful representation of the parquet floor. If there are parquet parts that clearly deviate intolerable in terms of selection, color or material defects, the Customer must not install these parts but immediately offer them to the Supplier for replacement free of charge. Replacement of the parquet parts then offered must usually take place within two working days (in the case of products available from stock) or seven working days (in the case of custom work). If it appears that replacement cannot be achieved within the specified period, the Supplier is liable for demonstrable consequential damage.
7.6. If the Customer discovers or could have discovered material defects during installation, with the exception of invisible or barely visible defects, the Supplier will only replace the parquet parts in question.
7.7. Material defects that only become apparent after installation has taken place can be reported in writing to the Supplier within the warranty period. To this end, the Customer must submit an assessment report to the Supplier no later than two weeks after the complaint was reported by the end user.
7.8. In the first instance, the complaint must be handled by the Customer with the end user, in line with good business practice.
7.9. If the Customer has already checked the complaint himself, he can request the Supplier to make an expertise visit. In that case, the Supplier, in consultation with the Customer, makes a visit appointment with the end user. The results of the expertise visit will be fed back by the Supplier to the Customer (if necessary after consultation with the manufacturer, if it concerns a commercial product for the Supplier). Complaints are assessed objectively based on, among other things, the product specifications, as can be found in the Supplier's specifications, which are distributed by means of price lists or other circulars and sample boards, all this in accordance with the provisions of the General Terms and Conditions. The parties must then first attempt to reach a solution through mutual consultation.
7.10. If, in the opinion of the Supplier, a complaint is justified, he will, at his option, either repair the goods free of charge or pay a fair compensation.

Article 8. Laying costs allowances
In the event that a defect is discovered that was not apparent during delivery, and the damage suffered does not fall within the usual entrepreneurial risk of the Customer, the Supplier may be required to pay installation costs. The Customer draws up a cost estimate, which he submits to the Supplier for approval.

Article 9. Force majeure
9.1. If, due to force majeure, the Supplier cannot or only with difficulty fulfill its obligations, it is entitled, without judicial intervention, to dissolve the agreement with the Customer in whole or in part, or to suspend the execution thereof in whole or in part, without paying any compensation. to be held. In the event of partial performance by the Supplier, the Customer will owe a proportionate part of the total price.
9.2. Force majeure is understood to mean: restrictive government measures of any kind, epidemics, mobilisation, war, revolution, strike, company occupation, illness of personnel, company disturbances, seizure, fire, exceptional weather conditions, defects in machinery, transport difficulties, lack of raw materials, semi-finished products , materials, auxiliary materials and/or energy, natural disasters, full or partial default of a third party from whom goods or services must be received and furthermore any circumstance that the Supplier could not reasonably have prevented and over which the Supplier has no influence .

Article 10. Retention of title
10.1. The ownership of the goods delivered by the Supplier is transferred to the Customer after the Customer has paid the Supplier everything that is owed to the Supplier with regard to the delivery of those goods - including not only the purchase price, but also any interest and costs. .
10.2. Within the framework of normal business operations, the Customer is authorized to dispose of the goods delivered by the Supplier and to dispose of them. At the request of the Supplier, the Customer is obliged, in the event of such disposition or alienation, to establish an undisclosed right of pledge for the benefit of the Supplier on the claims it acquires from third parties.
10.3. If the Buyer fails to fulfill its obligations under the agreement concluded with the Supplier or if the Supplier has good grounds to fear that the Buyer will fail to do so, the Supplier - in addition to the rights otherwise described in the General Terms and Conditions - authorized to take back the goods delivered to the Customer. In particular - but not exclusively - this right exists if the Customer is seized, if the Customer requests suspension of payment, if the Customer has been filed for bankruptcy or declared bankrupt, or if the Customer has entered into any payment arrangement with one or more of its creditors. hits.
10.4. The Customer must grant the Supplier access to the goods it has delivered, making use of its retention of title. Insofar as necessary, the Supplier irrevocably authorizes the Customer to exercise its right of repossession.
10.5. If the ownership rights to the goods delivered by the Supplier under retention of title are in danger of being lost due to mixing, creation, accession, deformation or any other cause, the Customer is obliged to inform the Supplier of this immediately. The Customer is obliged to establish an undisclosed lien on the newly formed item, as a result of the item formation, accession, mixing, deformation or any other cause that has been delivered by the Supplier to the Customer under retention of title, at the Supplier's first request and to the realization of this pledge to provide his full cooperation. The right of pledge remains on the goods until the Customer has fulfilled all its obligations under the agreement, including interest and judicial costs as well as extrajudicial costs. If the Supplier or the Customer has the goods processed by and/or for a third party, this will not affect the Supplier's ownership rights and retention of title to the goods.

Article 11. Return deliveries
11.1. The Supplier is never obliged to accept return deliveries. In consultation with and after permission from the Supplier, return deliveries of stock goods from the price list and with standard dimensions can take place. Special ramp sizes, herringbone floors and special patterns can never be returned.
11.2. For the handling of a return delivery, a handling fee of at least twenty percent of the purchase price will be charged, and any freight costs due will also be charged. Remainders must be returned within one month after purchase. They must be undamaged and clean, and must always have been stored moisture-free and heated. They must also always be returned in the original packaging. Additional materials, loose parts and remnants of application items cannot be returned. All return deliveries must be well packed, on pallets and delivered in wrapping film and/or cable tie, and the wood must have the correct moisture content. If a return delivery does not meet these requirements, it will not be accepted and will be returned at the expense of the Customer.
11.3. The return shipment will be made free of charge to the Supplier's branch or the importer's place of business. The returned goods are transported at the expense and risk of the Customer.

Article 12. Choice of law and domicile
12.1. Dutch law applies exclusively to the legal relationship between the Supplier and the Customer. The “Vienna Sales Convention” is not applicable and is expressly excluded.
12.2. Disputes will be settled by the competent court of the Supplier's place of business.

Filed with the Chamber of Commerce, January 30, 2024