Terms and conditions

These terms apply to all offers made by Dutchmach metaalbewerkingsmachines (hereinafter 'Dutchmach') and to all agreements entered into with it. The other party to Dutchmach is always referred to as the buyer (hereinafter the 'Buyer'). General terms and conditions of the Buyer do not apply and are expressly rejected.

Several quotations may be issued simultaneously for one and the same machine. Quotations are therefore without obligation and no rights can be derived from them. An agreement of sale or of services is only concluded once Dutchmach has issued an order confirmation which has been signed or approved by both parties. All quotations from Dutchmach are exclusive of statutory VAT.

By signing or digitally approving (for example by e-mail) an agreement or order confirmation, the Buyer agrees to purchase the item in the condition in which the Buyer has seen and approved it.

Delivery takes place in Enschede, without transport, installation or commissioning, unless agreed otherwise in writing in the order confirmation. If transport is nevertheless arranged from Enschede, the risk during transport is borne by the Buyer.

The Buyer may not invoke set-off or any right of suspension in respect of its payment obligations. From the due date stated on the relevant invoice, the Buyer owes contractual interest of 1% per month on the principal sum. In addition, the principal sum is increased by extrajudicial collection costs of 15%. Dutchmach remains entitled to repossess its property at any time, subject to the obligation to settle any payments already made in a reasonable and fair manner. If the Buyer fails to fulfil any obligation under the agreement towards Dutchmach, Dutchmach is entitled, without any notice of default being required, to dissolve the agreement by means of an extrajudicial declaration (a letter) and to repossess the purchased item, with settlement as stated above. In the event of bankruptcy, suspension of payment, closure and/or liquidation of the Buyer's business, the Buyer is deemed to be in default by operation of law and Dutchmach has the right, without any notice of default and without judicial intervention, to suspend performance of the agreement or to declare the part not yet performed dissolved, without prejudice to the right to payment for the part performed and to compensation for damages.

After delivery, Dutchmach remains the owner of the delivered goods for as long as the Buyer has not fully met its payment obligations, including principal sum, interest and costs. Without the cooperation of Dutchmach, and before payment in full has taken place, there is no authority whatsoever to pledge the goods to third parties, to transfer ownership of them or to grant any security right over these goods in the broadest sense of the word. If the Buyer acts or has acted contrary to this, the Buyer forfeits an immediately payable penalty equal to the outstanding payment obligations.

Machines delivered new carry a six-month manufacturer's warranty. In the event of a defect in a machine delivered under warranty, the machine must be brought to Enschede for repair. Once the machine has been repaired, the Buyer must transport it back to its own premises. No warranty of any kind applies to used machines. Normal and special use cannot result in a claim being made, in respect of new and used goods delivered, for a tolerance smaller than that stated by the manufacturer/importer. In some cases we can send a new or used, properly functioning part for replacement or repair (the transport costs of sending the replacement part are borne by the Buyer).

Defects observed must be reported to Dutchmach in writing within a period of three working days, on penalty of forfeiture of any claim in respect of the defect. If no complaint has been received by Dutchmach within the stated period, Dutchmach will be deemed to have fully met its obligations.

Dutchmach can only be liable for damage suffered by the Buyer that is the direct and exclusive result of a failure attributable to Dutchmach. Business damage, damage due to stagnation, lost profit or any indirect damage whatsoever, whether of the Buyer or of the Buyer's customers, is not eligible for compensation. In all cases, liability is limited to the net purchase price of the delivered item or service. Dutchmach is not liable for defects resulting from normal wear and tear, improper use, absent or incorrect maintenance, nor for installation, assembly, modification or repair by the Buyer or by third parties engaged by the Buyer. The same exclusion of liability is stipulated for the benefit of all those involved by Dutchmach in the performance of the agreement.

Disputes between Dutchmach and the Buyer will be settled exclusively by the competent court in Almelo. Furthermore, Dutch law applies exclusively.

Prices stated on our website are exclusive of 21% VAT.

Dutchmach is not liable for damage occurring during transport, regardless of by whom transport has been arranged.