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General terms and conditions Leertouwer Bromfietsen B.V.

Article 1 Definitions

In these general terms and conditions the following terms shall have the following meanings:
The private company Leertouwer Bromfietsen B.V. in the capacity of:

The seller: the party who, pursuant to an agreement, sells a new or used motorbike or parts or accessories;
The repairer: a party employed by Leertouwer Bromfietsen B.V. that carries out or has carried out work on a motorbike and/or parts and accessories for an instruction;
The importer: the party who is exclusively entitled to purchase mopeds and parts of the Jincheng brand in the Netherlands on
The contract: the contract of purchase and sale of a new or used motorbike or of its parts and accessories;
Purchaser: the party who, pursuant to the agreement, purchases a new or used motorbike or parts and accessories thereof;
The assignment: the agreement to carry out assembly, disassembly, repair or maintenance work;
The dealer: the party who, pursuant to a written agreement with the importer, has been designated as the point of sale for Jincheng mopeds and parts;
The Helpdesk: telephone helpline which can be consulted by third parties under the standard telephone rate by calling 035 60 12106.

Article 2 Applicability

These general terms and conditions shall apply to the conclusion, content and performance of all contracts concluded between the seller and the buyer or all orders given by the client to the repairer.
Deviations from these general terms and conditions are only valid if they are in writing between the parties.
In the event of any conflict between these general terms and conditions and those of the buyer/customer/dealer, these general terms and conditions shall prevail, unless the buyer/customer/dealer has explicitly confirmed in writing that his terms and conditions prevail.
If these General Terms and Conditions are amended in the interim, the amended version will form part of any agreement concluded between the parties after the date on which the amendment comes into effect.

HELPDESK

Article 3 The helpdesk

The Seller has a telephone helpdesk where simple questions such as advice on the use and/or assembly of a part purchased from the Seller, the price and availability of an article can be submitted to a repairer.
The repairer shall make every effort to provide the requested support or to ensure that questions regarding the use of a part purchased from the Seller are adequately answered.
Follow-up of the advice is entirely at the seller's own expense and risk. The Seller accepts no liability whatsoever with regard to the correctness of the advice given and the (consequences of) following it.
With regard to the presence of a particular part, it can never be guaranteed that the part in question is still present at the time that purchaser
    
actually appears in the shop. The Seller does not accept any liability in this respect.


IMPORTER JINCHENG MOPEDS AND PARTS.

Article 4 Import Jincheng mopeds and parts.

The Seller is an importer and therefore exclusively entitled to market Jincheng mopeds and parts in the Netherlands, both by means of direct sales and by means of dealers to be appointed by him by means of a written agreement. The seller/importer will settle the warranty claims relating to the mopeds and parts supplied by him under the conditions as described in Article 20.


PURCHASE AND SALE
General

Article 5 Quotations and offers

All offers and quotations, whether made separately or in price lists, are irrevocable, unless they contain a deadline for acceptance.

Article 6 Purchase price and price increase
An agreed price is binding.
If, after the conclusion of the agreement, but before its execution, price-increasing circumstances occur over which the Seller cannot reasonably exert any influence, for example: changes in factory and/or importer prices, price increase of materials, increase of employers' costs or government measures such as the increase of the VAT rate, the Seller will be entitled to increase the agreed price accordingly. In the event of a price increase within 3 months of concluding the agreement, the buyer is entitled to dissolve the agreement.
If no purchase price has been agreed, the buyer will owe a reasonable price. In determining this, account will be taken of the prices used in the sector for the goods in question at the time the agreement was concluded.

Article 7 Delivery time, force majeure

Any agreed delivery times are binding
The delivery period referred to in paragraph 1 of this Article shall be extended by the period during which the seller is prevented by force majeure from complying with his obligations.
Force majeure on the part of the seller shall be deemed to exist if, after the conclusion of the agreement, the seller is prevented from complying with his obligations under the agreement, or the preparation thereof, as a result of causes beyond his control or sphere of risk, which includes, among other things, the exceeding of delivery deadlines by manufacturers and/or importers.
If performance is not permanently or temporarily impossible, the authority to dissolve the contract shall not arise until the seller is in default. Default shall commence after the Seller has been declared in default by the Buyer.

Article 8 Risk

The goods sold shall be at the Seller's expense and risk until the time of actual delivery. Any goods to be exchanged shall only become the property of the seller once they have actually been delivered to him. Until that time, the goods to be exchanged shall be at the Buyer's expense and risk and all costs shall be at the Buyer's expense.

Article 9 Retention of title

As long as the buyer has not fulfilled his payment obligations or has not fulfilled them in full, the goods remain the property of the seller. In that case, the seller shall be entitled, without notice of default or judicial intervention being required, to repossess them.
As long as no full payment has been made for the goods, the buyer shall not be entitled to alienate, pledge, pledge or lend the goods or to remove them from his control in any way whatsoever.

Sale of mopeds

Article 10 sale of new and used mopeds

The prices of new mopeds as mentioned in the showroom do not include costs for getting them ready for use.
The prices of used mopeds are in principle inclusive of a standard delivery (lubrication and, if necessary, adjustment), unless otherwise agreed in writing.
No guarantee applies to used mopeds, unless this is stated on the invoice.

Article 11 Moped insurance

It is possible to insure a moped through the intermediary of the seller.
The premium must be paid in cash when taking out the insurance.
The Buyer must carefully check the information on the policy schedule, such as personal details, type of insurance (third-party liability, All Risks) and the insured object (make, type, switch/automat), before travelling on public roads. If the buyer enters the public road he/she is deemed to agree with what is stated on the policy schedule and the consequences of any inaccuracies on the policy schedule are for his/her own account and risk.
After the expiry of the date stated in the policy schedule, the Buyer shall be responsible for timely cancellation or extension of the insurance.

Sale of parts

Article 12 Use and warranty

1. Components that are not made in accordance with the specifications that belong to the moped and are linked to the Dutch type approval and/or that may affect the speed and/or power of the moped and/or are not in accordance with the legal requirements, may only be mounted if the moped in question is not used/ridden on public roads but on a racing circuit intended for that purpose. In the case of the parts referred to in paragraph 1, the Seller does not provide any guarantee with regard to the additional speed or power to be achieved by assembly, as this depends on several factors.
If the buyer/customer acts contrary to paragraph 1, he/she shall be in breach and all consequences, including underwriting and criminal law, shall be for his/her own account and risk. The Seller does not accept any liability in this respect.
No guarantee will be given on parts used, unless this is stated on the invoice.

Article 13 Dispatch of spare parts by post

Spare parts can be sent to the buyer against payment in advance. The shipping costs are € 6.50 up to a weight of 10 kg, larger batches and/or products with a higher weight will be determined in consultation.
The buyer can order the parts by e-mail or via the website, stating all necessary address details, a telephone number where the buyer can be reached during the day and, if possible, the type and year of manufacture of the moped.
     
No orders will be accepted by telephone.
The Seller will ship the parts - if in stock - the same day or as soon as possible, as soon as the payment has been received; in the unlikely event that the product is no longer available, the money will be refunded. The shipping costs will be borne by the buyer.
If the buyer returns the parts without a valid reason, does not take delivery or if the package turns out to be undeliverable, the costs associated with returning the parts and any other additional costs charged by PTT will be borne by the buyer, unless otherwise agreed in writing.

Repair and maintenance

Article 14 the mission

Instructions to carry out work shall be given verbally or in writing.
If desired, a copy of a written instruction will be provided to the client. Repairer only repairs mopeds purchased from him by the client.

Article 15 Quotation and deadline

The client may request an estimate of the work before or when the assignment is given, as well as of the period within which the work will be carried out. The quoted price and period do not bind the repairer, unless a fixed price and/or period have been agreed.

Article 16 Appraisal costs

The valuation costs amount to 10% of the damage amount.
If the moped is repaired by the repairer in accordance with the appraisal report, the appraisal costs will not be charged.

Article 17 Storage costs

If the client has not collected the motorbike within five working days after becoming aware of the performance of the assignment, the repairer is entitled to charge storage costs, in accordance with the rate of EUR 5 per day applicable in the repairer's company and according to general standards.

Article 18 Replacement transport

Regardless of the cause of a technical defect, the client cannot claim replacement transport.
If the repairer offers replacement transport without obligation, this is entirely at the expense and risk of the client.
The client must ensure that the moped leaves the shop adequately insured.
In the event of theft of the replacement moped and damage (both optical and motor), the client is fully liable for the damage.

Article 19 Right of retention

The repairer may exercise a right of retention with respect to the motorbike if the client does not pay the costs of the work or does not pay them in full, even if the costs of previous work carried out by the repairer on the same motorbike are involved. The repairer cannot exercise the right of retention if the client has provided sufficient replacement security. 

Warranty

Article 20 Warranty on motorbikes, parts and labour.

Only the warranty provided by the manufacturer or importer applies to new motorbikes and new parts.
The repairer guarantees the proper performance of the orders he has accepted or outsourced and the materials used in the work for a period of one month, counting from the time the motorbike and/or parts have been made available to the principal again. The guarantee includes the correct execution of the assignment that has not been carried out or has not been carried out properly.
Entitlement to the guarantee referred to in paragraph 1 will lapse if the moped no longer meets the specifications ex factory and/or has been specified in any way and/or if the purchaser or a third party has carried out work of any nature whatsoever on (parts of) the moped.
Paragraph 3 applies mutatis mutandis to written guarantees on used mopeds and parts.
The claim to the guarantee referred to in paragraph 2 of this article lapses if the client does not notify the repairer of the defects as soon as possible after they have been discovered and gives the repairer the opportunity to remedy the defects after all. Nor can the client claim under the guarantee if third parties have performed work without the repairer's knowledge or permission in respect of which the guarantee is invoked or if the moped has undergone changes that may be causally related to the (origin of the) defect.
Defects on the part of the buyer/customer in the performance of the contract release the seller/repairer from his warranty obligations as described above.

General provisions

Article 21 Payment

Unless expressly agreed otherwise, payment must be made in cash upon delivery of the goods or immediately after the work has been carried out. Cash payment is also understood to mean PIN payment.
If the parties have waived payment in cash, a payment term of 8 days shall apply, without the buyer/client being able to invoke any set-off. In the event of late payment, the buyer/customer shall be in default without any notice of default being required from the seller/repairer.
Payments made by the buyer/customer shall first serve to pay all debt, interest and costs and only then to pay the oldest outstanding and due invoices, even if the buyer states that the payment relates to a later invoice.
If the buyer/customer fails to pay on time as referred to in paragraph 2 of this article, he shall owe the statutory interest on the amount owed as from the expiry of the payment term.
In the event of late payment as referred to in paragraph 2 of this article, in addition to the amount due and the interest thereon, the buyer/customer will be obliged to pay extrajudicial collection costs in accordance with the collection rate of the Netherlands Bar Association, without prejudice to the Seller's right to charge the actual costs incurred, including any judicial costs, to the buyer/customer if these exceed the amount thus calculated.

Article 22 Complaints and exchanges

The buyer/customer must notify the seller/repairer in writing of any complaints regarding work sold and/or work performed within a reasonable period of time after he/she discovers the defect or should reasonably have discovered it.
If the complaint concerns optical damage to a newly delivered moped or component, the seller must be notified in writing no later than two hours after receipt, failing which the buyer will be deemed to have received the moped or component in good undamaged condition.
The buyer/customer must give the seller/repairer the opportunity to check the accuracy of a complaint.
New parts may be exchanged within eight days on presentation of the original receipt, provided the part is in the original undamaged packaging and has not been damaged/used/assembled.

Article 23 Liability

The seller/repairer shall never be obliged to pay any other compensation for direct or indirect damage, including damage from third parties, than up to the amount for which the seller/repairer has taken out insurance in this respect, or if the seller/repairer has not taken out insurance in this respect up to an amount for which the sellers/repairers in the branch of trade, according to generally accepted standards of liability insurance, tend to insure themselves.

Article 24 Disputes

All disputes between the parties arising from or relating to the provisions of these general terms and conditions shall be subject to the judgment of the competent court.