TERMS OF DELIVERY

GENERAL TERMS AND CONDITIONS General Terms and Conditions of Classic Motorcycles BV, KVK 84802340, hereinafter referred to as CM, established in (3864 DX) Nijkerkerveen at Vrouwenweg 1c. 1. General applicability 1.1. These General Terms and Conditions apply to every offer (quotation) and agreement with CM. 1.2. Deviating conditions only bind CM if these conditions have been expressly accepted in writing by CM. 2. Quotations, conclusion of agreement and deviations from agreement 2.1. An offer to deliver goods is entirely without obligation. Unless otherwise stated, an offer from CM is valid for one month, after which the offer expires. 2.2. An agreement is created between CM and the client by written acceptance of the offer by the client or by the actual delivery of goods. 2.3. The client is aware that CM does not accept any liability with regard to the delivery of goods. The goods supplied by CM are very old and it is impossible for CM to recognize defects of any kind in the goods. The Client accepts the goods in the condition in which they were purchased. 3. Acceptance of delivery 3.1. The Client accepts the delivery of goods as offered on site by CM, whereby it is expressly stated that this concerns the delivery of used (very) old goods. 3.2. Insofar as the client has not inspected and assessed the goods before transport, deviations from what the client has expected and should expect are at the expense and risk of the client. 3.3. For deliveries within and outside the Netherlands, the prices do not include the free delivery address. All deliveries include VAT where applicable. Transport costs are agreed upon sale. Insurance of the goods during transport will be borne by the client. 4. Amendment of the agreement CM is entitled to replace the used goods designated by the client with comparable goods if CM has contacted the client about this in advance. The Client accepts the goods upon delivery in the condition as offered. 5. Complaints and complaint period 6.1. Complaints about the delivered goods must be reported by the client to CM within 7 days after acceptance of the delivery, by “registered letter with signature return”. It has been expressly noted that the delivery of goods has been accepted as the (very) old goods have been offered on site. 6.2. If CM determines that the complaint is well-founded, CM will remedy the complaint to the extent that can reasonably be expected of it. If the client has the complaint resolved by itself or by a third party in any way without offering CM the opportunity to resolve this complaint itself, CM is no longer obliged to make any remedy. 6.3. A report of a complaint by the client never releases the client from his payment obligation. Even if the client complains in time, his obligation to pay remains. 7. Payment 7.1. Payment for the goods must be made in advance. CM will only release the goods after payment of the full amount. 7.2. Payment must be made without discount or settlement, unless the parties agree on this. 8. Collection costs 8.1. If the client is in default or in breach of one or more of its obligations under the agreement, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client. In any case, the client shall owe: * 15% on the first € 3,000 * 10% on the excess up to € 6,000 * 8% on the excess up to € 15,000 * 5% on the excess up to € 59,000 * 3% on the excess. 8.2. CM expressly reserves the right to claim damages in addition to the collection costs to be claimed. 9. Liability 9.1. CM is never liable for the quality of the delivered goods insofar as this relates to the delivery of used goods. 9.2. The Client accepts the used goods in the condition as delivered by CM. 9.3. CM is never liable for damage upon delivery of the goods to the client or damage to third parties. 10. Applicable law 10.1. Notwithstanding the legal rules for the jurisdiction of a civil court, any dispute between CM and the client will be submitted to the Arnhem District Court, at the discretion of CM. 10.2. Dutch law applies to every agreement between CM and the client. 11. Changes to the Terms 11.1. CM is authorized to make changes to these general terms and conditions. These changes will come into effect at the announced time of entry into force. CM will send the amended conditions to the client in a timely manner. If no date of entry into force has been communicated, the changes will come into effect vis-à-vis the client as soon as he has been notified of the change.