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Terms & Conditions for Sale of Goods
 

I.            Definitions

In this document the following words shall have the following meanings:

           1.            "Buyer" means the organisation or person who buys Goods

           2.            "Goods" means the articles to be supplied to the Buyer by the Seller;

           3.            "Seller" means Schulman B.V., Herengracht 500, 1017 CB, Amsterdam, The Netherlands.

II.            General

           1.            These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

           2.            Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

III.            Price and Payment

           1.            The price includes VAT and excludes postage and Paypal/Bankingcosts.

           2.            Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.

           3.            Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 8 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.

4. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate as defined in the Dutch law.

           5.            If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

                       1.            require payment in advance of delivery in relation to any Goods not previously delivered;

                       2.            refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.

IV.            Description

Descriptions and grading are made to the best of knowledge by the Seller and is based on the long experience of the Seller, but is to be considered as the personal opinion of the Seller only. All Goods will be sold ‘as is’. Difference of grading by third party grading institutions does not give grounds for the returning of Goods.

V.            Delivery

           1.            Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer.

           2.            If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

           3.            Any damages or complaints should be reported to the Seller within 8 days to enable replacement or refund.

VI.            Risk and Title.

Title remains with the Seller until goods have been paid for in full by the Buyer. The risk is for the buyer from the moment of ordering the Goods.

VII.            RETURN OF GOODS

           1.            Any returns must be authorised by a representative of the Seller before any credit will be given.

           2.            The Seller will not be obliged to accept any goods that are damaged in any way.

           3.            Seller guarantees all Goods to be genuine, unless otherwise stated. Returns will only be accepted if well-known experts judge the Goods to be forgeries or if the description of the Goods is utterly wrong. In case of a dispute between Buyer and Seller, Seller is allowed to appoint an expert.

           4.            Difference of grading by third party grading institutions does not give grounds for the returning of Goods.

VIII.            LIMITATION OF LIABILITY

           1.            The Seller shall not be liable for any all loss or damage suffered by the Buyer.

IX.            SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

X.            GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of The Netherlands and the parties hereby submit to the exclusive jurisdiction of the Court in Amsterdam. Only the Dutch text of the conditions of sale has legal force.