Terms & Conditions

Article 1: WBT
World Bearing Trade B.V. (hereinafter: ‘WBT’) is a private company with limited liability. WBT is located in Vlaardingen. WBT is registered in the trade register of the Chamber of Commerce under number 50053175.

Article 2: applicability and amendments
All agreements between WBT and its contracting party (hereinafter: Contracting Party’) are subject to the general terms and conditions of WBT, with exclusion of all other general terms and conditions. WBT reserves the right to change these general terms and conditions. These amended general terms and conditions will then also apply to existing agreements.

Article 3: Quotations, offers
All quotations and (other) offers made by WBT are entirely without obligation and subject to errors and (price) changes.

Article 4: price changes, payment and default
WBT can and may change its prices at any time. Invoices must be paid within thirty (30) days of the invoice date. All payments shall be made without any deduction or setoff in the manner to be determined by WBT. In the event of late payment, the Contracting Party shall be in default by operation of law and shall also owe an administration fee of EUR 50 in addition to the statutory (commercial) interest. If WBT proceeds to collect the amount owed, the Contracting Party shall also owe the actual (collection) fee incurred with a minimum of EUR 250.

Article 5: cancellation
In the event of cancellation by the Contracting Party, twenty-five (25) percent of the order price shall be charged as a cancellation fee, without prejudice to WBT’s right to full compensation, including loss of profit. Goods already purchased by WBT, whether or not processed, must be purchased in case of cancellation, in default of which the Contracting Party shall be obliged to pay WBT all costs ensuing therefrom. Cancellations must be made in writing and confirmed by WBT.

Article 6: delivery period
The delivery period indicated and agreed by WBT is always purely indicative. An alteration of the delivery period indicated by WBT shall not entitle the Contracting Party to dissolution and/or damages. An good is deemed to have been delivered when it is ready for shipment.

Article 7: transfer of risk and ownership
Upon delivery of a good (cf. article 6), the risk shall pass to the Contracting Party for all direct and indirect damage to or caused by the good. All goods delivered by WBT shall remain its property until the Contracting Party has fulfilled its obligations (including interest and costs) under all agreements concluded between the parties.

Article 8: warranty
Warranty on the goods delivered by WBT is limited to the manufacturer’s warranty. For damage as a result of incorrect, careless or incompetent use and/or use for other than intended purposes, the Contracting Party cannot successfully invoke a warranty. If the Contracting Party, without the prior written approval of WBT, performs or has a third party perform (dis)assembly, repair or other work in respect of the good, any successful claim under the warranty shall lapse. If the Contracting Party does not fulfil, does not fulfil properly or does not fulfil on time any obligation arising for it from the agreement concluded with WBT or from a related agreement, WBT shall in any case not be bound by any warranty (howsoever called) with regard to any of these agreements.

Article 9: complaints, method of return
Complaints concerning defects must be made in writing as soon as possible after their discovery, but at the latest within 14 days after the expiry of the warranty period, in which case any claim against WBT for those defects shall lapse. Legal actions must be instituted within 1 year after the timely complaint on pain of forfeiture. Returns must be packaged, secured and transported in a proper, environmentally friendly way, so as to reach WBT in good condition.

Article 10: liability
The contractual or extra-contractual liability of WBT for damage arising from or in connection with any shortcomings in the performance of the agreement shall be limited to the amount paid out under WBT’s liability insurance in the case concerned. If, for whatever reason, there is no cover and/or no payment is made, the compensation obligation shall be limited to the amount of the invoice, with a maximum of EUR 25,000. In any case, WBT is not liable for indirect damage, including but not limited to consequential damage, loss of turnover and profit, missed savings and damage due to business stagnation. Incidentally, the Contracting Party indemnifies WBT against any claims of third parties who suffer damage in connection with the agreement and which damage is attributable to the Contracting Party.

Article 11: suspension and dissolution
In case of force majeure, WBT is entitled either to suspend the obligations from the agreement(s) without judicial intervention with a maximum of six months, or to dissolve the agreement in whole or in part, without being held liable for any damages. If WBT has already performed part of the agreement at the time the situation of force majeure occurred, it shall be invoiced as if it were a separate agreement.

Article 12: purchase by WBT
In the event of delivery by the Contracting Party to WBT, the Contracting Party guarantees that the delivery is (i) of good quality and performance and free of defects, (ii) in accordance with the provisions of the agreement and specifications, (iii) suitable for the purpose for which the delivery is intended by its nature or according to the order, (iv) compliant with the legal requirements applicable in the Netherlands and in the country of delivery and other applicable (international) governmental regulations and (v) compliant with current norms and standards. Goods must be packaged, secured and transported in a proper, environmentally friendly way, so as to reach WBT in good condition. Ownership is transferred to WBT upon actual delivery.

Article 13: applicable law and competence
These general terms and conditions were originally drawn up in Dutch. The terms and conditions have also been translated into English and German. The Dutch text shall be binding in the event of any dispute about the content or intention. The legal relationship between WBT and the Contracting Party shall be governed by Dutch law. Disputes will solely be settled by the competent court in Rotterdam. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

These general terms and conditions, version 010119, have been filed at the Chamber of Commerce in Rotterdam under number 50053175 and can also be consulted at www.worldbearingtrade.nl.”