Terms & Conditions


General Terms and Conditions

Forward Benelux

Article 1. Definitions
1.1. In these Terms and Conditions, the following terms shall have the following meanings, unless it has been explicitly stated otherwise or the context requires differently:
a. FORWARD BENELUX: the user of these terms and conditions : FORWARD BENELUX vof located on 8 Gouwzeestraat in Weesp, registered with the Chamber of Commerce under number 60275170;
b. client: the company entering into an agreement with FORWARD BENELUX, or has received a quotation/offer from FORWARD FORWARD BENELUX BENELUX or with whom FORWARD BENELUX has any legal relationship or for whom FORWARD BENELUX performs legal acts.
c. agreement: the agreement between FORWARD BENELUX and the client;
d. product: the product or components delivered by FORWARD BENELUX under the agreement.
Article 2. General
2.1. These general terms and conditions apply to all quotations, offers and agreements for deliveries by FORWARD BENELUX to the client and to all (other) legal acts between FORWARD BENELUX and the client, including negotiation and other pre-contractual situations.
2.2. These general terms and conditions also apply to agreements with FORWARD BENELUX in which third parties are involved for the performance.
2.3. Any exceptions to these general conditions are only valid if expressly agreed in writing or electronically.
2.4. The applicability of any purchase or other conditions of the client is explicitly rejected.
2.5. If one or more provisions of these terms and conditions become invalid or void, the remaining provisions of these terms and conditions shall remain fully applicable. FORWARD BENELUX and the client shall enter into negotiations to agree on new provisions to replace the invalid or void provisions, in which the intent of the original provisions will be observed to the greatest possible extent.
2.6. Insofar FORWARD BENELUX does not require strict compliance with these general terms and conditions, it does not mean that the provisions do not apply, or that FORWARD BENELUX loses its right to require strict observance of the provisions of these terms and conditions in any other cases.
2.7. FORWARD BENELUX has the right to change the general terms and conditions.
Article 3. Quotations and offers
3.1. Quotations and offers are non-obliging.
3.2. Each quotation is based on information, data, documents, etc. provided by the client. The client is responsible for the accuracy and completeness of the requirements and specifications provided to FORWARD BENELUX by or on behalf of him, and for other information on which FORWARD BENELUX bases its offer.
3.3. FORWARD BENELUX is not bound to the quotation if acceptance deviates from the made offer therein. The agreement shall not be established in accordance with said deviating acceptance.
3.4. Offers or quotations do not automatically apply to future orders.
3.5. Obvious errors or mistakes on the website and in brochures, quotes or publications of FORWARD BENELUX shall not bind FORWARD BENELUX.
3.6. Quotations/offers and other documents provided by FORWARD BENELUX to the client may not be disclosed to third parties without permission from FORWARD BENELUX.
3.7. The client must treat the information in the quotation as confidential and not disclose it to third parties.
3.8. lf no agreement is established based on the quotation, the quotation and all accompanying documents first should be immediately returned to FORWARD BENELUX on its first request at the expense and risk of FORWARD BENELUX.
Article 4. Images
4.1. All images of the products listed on the website, in brochures or quotations shall only be an indication and cannot lead to compensation and/or dissolution.
Article 5. Conclusion of the agreement
5.1. The agreement is concluded when the client accepts the offer made by FORWARD BENELUX.
5.2. Any placed orders cannot be cancelled.
Article 6. Pricing
6.1. The prices quoted exclude VAT, duties, other taxes, and the costs of transport, unless explicitly stated otherwise.
6.2. FORWARD BENELUX has the right to adjust its rates from time to time.
6.3. If the client wishes to change the order, it could have financial consequences. The order can be changed only after the customer has agreed to any additional costs.
6.4. FORWARD BENELUX based its prices on the Euro. lf billing nevertheless takes place in a different currency, and between the time of conclusion of the agreement and the delivery of the product changes to the exchange rate have occurred, FORWARD BENELUX shall be entitled to revise the original price.
6.5. FORWARD BENELUX is entitled to reasonably increase its prices, without the client being entitled to terminate the agreement, if the price increase results from a right or obligation under law or regulations, or is caused by an increase in cost-determining factors such as the price of raw materials, wages, etc., or for other reasons that were not reasonably foreseeable at the conclusion of the agreement.
Article 7. Changes to the agreement
7.1. If during the execution of the agreement it becomes clear that work must be amended or supplement for the proper execution of the agreement, the parties will promptly and mutually decide to amend the agreement accordingly.
7.2. If the parties agree that the agreement shall be amended or supplemented, the date of completion of the implementation can be affected. FORWARD BENELUX will inform the client of this as soon as possible.
7.3. If the amendment of or supplement to the agreement has financial and/or qualitative consequences, FORWARD BENELUX will inform the Client thereof.
Article 8. Execution of the agreement
8.1. FORWARD BENELUX shall execute the agreement to the best of its ability and in accordance with the requirements of good workmanship. Everything on the basis of the current state of modern science.
8.2. If and insofar the proper execution of the agreement requires, FORWARD BENELUX has the right to have certain work done by third parties.
8.3. FORWARD BENELUX is always entitled to ask the client to provide sufficient security for the fulfilment of his (possibly future) payment(s). FORWARD BENELUX is entitled to suspend the (further) execution of the agreement until the required security has been provided.
Article 9. Obligations of the client
9.1. The client shall ensure that all information of which FORWARD BENELUX indicates that it is necessary, or of which the client should reasonably understand that it is necessary, for the execution of the agreement, is timely provided to FORWARD BENELUX. lf the client has not fulfilled this obligation, FORWARD BENELUX has the right to suspend the execution of the agreement and/or invoice the resulting additional costs to the client at the usual rates.
9.2. lf the information provided by the client is incomplete and/or incorrect, any consequence shall be entirely at the expense and risk of the client.
9.3. The client is obliged to immediately inform FORWARD BENELUX of any facts and circumstances which may be relevant to the execution of the agreement.
9.4. The client indemnifies FORWARD BENELUX of any claims by third parties who suffered damages in connection with the execution of the agreement that are attributable to the client.
9.5. The observance of all legal and other regulations applicable in the country where the client is established in connection with the retention, storage, use and transport, in any manner whatsoever, of the product shall be the full responsibility of the client.
9.6. The client is obligated to use the product delivered as indicated in the instructions or the technical specifications.
9.7. All data and information provided by FORWARD BENELUX on the suitability and applicability of the product are given without obligation and do not relieve the client from his obligation to perform his own inspections and tests.
9.8. lf the client does not timely or fully meets his obligations towards FORWARD BENELUX, he shall be liable for all resulting damages suffered by FORWARD BENELUX.
Article 10. Delivery period
10.1. The delivery period is always approximate. Exceeding the delivery period does not give the client any right to compensation, termination of the agreement, or any other form of compensation.
10.2. The delivery period starts when the order has been confirmed and FORWARD BENELUX has received all customer data necessary to execute the agreement. lf billing is (partially) done in advance, the delivery period will commence when the FORWARD BENELUX has received the (down) payment from the client.
10.3. If a delivery period agreed with the client is exceeded as a result of an event which is beyond the power of FORWARD BENELUX and cannot be attributed to FORWARD BENELUX, such as the events defined in Article 17 of these general terms and conditions, this period is automatically extended by the exceeded period resulting from such an event.
Article 11. Delivery and transport
11.1. Product delivery occurs ex factory, “ex works”, according to the latest edition of the published Incoterms. This means that the risk of the product is transferred when FORWARD BENELUX informs the client that the product is available for the client in the warehouse or business premises of FORWARD BENELUX.
11.2. The client and FORWARD may agree that FORWARD BENELUX handles the transportation of the product. If this is the case, the risk of storage, loading, transport and unloading shall be borne by the client. The client may insure himself against these risks. The transport costs shall be borne by the customer.
11.3. The client needs to ensure that the transport destination of the product delivered is easily accessible.
11.4. The client is obliged to accept the product at the time it is made available to him. If the client refuses or fails to provide information or instructions necessary for delivery, FORWARD BENELUX is entitled to store the product at the expense and risk of the client.
11.5. The client is responsible for any import duties, customs and taxes related to the product.
Article 12. Payment
12.1. The client must pay the invoices sent by FORWARD BENELUX within the payment period indicated on the invoice.
12.2. If the client does not comply with the payment arrangements and/or the invoice sent by FORWARD BENELUX is not paid on time, the client shall immediately be in default and statutory interest shall be charged. All judicial and extrajudicial costs incurred by FORWARD BENELUX to collect payment from the client shall be borne by the client. The extrajudicial collection costs are set at 15% of the principal with a minimum of € 250,-.
12.3. In case of liquidation, bankruptcy, attachment or suspension of payment of the Client, the claims of FORWARD BENELUX shall be immediately due and payable.
12.4. Any payments made by the client shall first be used to pay the owed interest, and then to pay the costs involved in the collection. Payments by the client shall only be used to pay the outstanding principal after payment of these amounts.
12.5. Payments must be made without delay or settlement.
Article 13. Reservation of ownership
13.1. All delivered and to be delivered products remain the exclusive property of FORWARD BENELUX until all claims of FORWARD BENELUX on the client have been paid in full.
13.2. Until the ownership of the product has been transferred to the client, the client may not:
a. pledge the product;
b. grant third parties any rights to the product;
c. sell the product outside the normal business operations of the client.
13.3. The client is obliged to store the products delivered under retention of ownership with due care. The client must always do everything that may be reasonably expected of him to secure the retention of ownership of FORWARD BENELUX. The client is obliged to insure, and keep insured, the delivered products against fire, explosion, water damage and theft, and provide a copy of the insurance policy to FORWARD BENELUX on its first request.
13.4. If the client does not timely or fully meets his obligations against FORWARD BENELUX, and in case of dissolution of the agreement for whatever reason, FORWARD BENELUX shall be entitled to recover the product without prior notice or judicial intervention, without prejudice to the right of FORWARD BENELUX to claim full compensation. All costs incurred by FORWARD BENELUX to recover the product, including transportation and storage costs, shall be charged to the client.
13.5. If FORWARD BENELUX wishes to make use of its right as described in this article, the client is required to grant FORWARD BENELUX access to the location where the product is located.
13.6. The client shall immediately inform FORWARD BENELUX in case of attachment, receivership, or bankruptcy, and inform the bailiff, administrator or trustee of the (property) rights of FORWARD BENELUX.
13.7. The provisions mentioned in this article do not affect the other rights granted to FORWARD BENELUX.
Article 14. Complaints and warranty
14.1. The client is obliged to immediately inspect the products upon delivery. The client must especially inspect:
a. whether the correct products have been delivered;
b. if the correct number of products have been delivered;
c. whether the products meet the quality requirements or the requirements for normal use.
14.2. Complaints regarding defects must always be submitted within 7 days after delivery. Complaints must be submitted to FORWARD BENELUX in writing or by e-mail. Complaints which are submitted too late will not be handled.
14.3. The client is obliged to give FORWARD BENELUX the opportunity to check the complaints. The fact that FORWARD BENELUX decides to investigate a complaint does not mean that FORWARD BENELUX acknowledges that the product is defective.
14.4. If the client proves that the product was defective at the time of delivery, FORWARD BENELUX shall, at its discretion, replace the product, repair the product, deliver a new part for the product, or return the payment of the product
The liability of FORWARD BENELUX is always limited to the provisions of Article 16.
14.5. A lack of a product does not give the client the right to refuse the entire order to which the product belongs.
14.6. Complaints do not suspend the payment obligations of the client.
14.7. The client shall be informed of any applicable warranty conditions in advance. The warranty of a product is always limited to the warranty provided by the supplier.
14.8. The warranty expires and complaints about the delivered product shall not be handled if:
a. the defects are caused by misuse or neglect by the client or his staff;
b. the product is not used in accordance with the agreed destination and the usual destination in absence thereof;
c. defects are the result of normal wear and tear;
d. defects are the result of external circumstances such as fire, natural disasters, explosions, terrorism, cleansers, dirt accumulation, landslides, flooding and weather conditions;
e. defects are the result of the application of any government regulation regarding the nature or quality of the materials used;
f. the damage was caused by a third party (vandalism);
g. there is a slight commercially and/or technically unavoidable deviation;
h. defects are the result of a defect in an item not delivered by FORWARD BENELUX;
i. articles have been attached to the product which should not have been attached.
14.9. All investigation costs incurred by FORWARD BENELUX shall be charged to the client if the complaint of the client is deemed to be unfounded.
14.10 Work carried out on products as ordered by the client which are not covered by the warranty shall be charged to the client.
Article 15. Suspension and termination
15.1. FORWARD BENELUX is entitled to immediately suspend the execution of the agreement is FORWARD BENELUX becomes aware of circumstances giving substantial grounds to fear that the client will not fulfil his obligations. If there is good reason to fear that the client will only partially or improperly fulfil his obligations, suspension shall only be allowed as far as the shortcoming justifies it.
15.2. FORWARD BENELUX is entitled to terminate the agreement if the client does not or not fully comply with the obligations of the agreement.
15.3. FORWARD BENELUX is also entitled to terminate the agreement if circumstances arise that make the performance of the agreement impossible or if performance in cannot longer be expected in all reasonableness and fairness, or if other circumstances mean that unaltered continuation of the agreement cannot longer reasonably be expected.
15.4. FORWARD BENELUX is entitled to terminate the agreement if the client requests or is granted suspension of payment, or if the client is declared bankrupt or applies for bankruptcy, or if the client is unable to pay his debts, terminates or liquidates his business, is placed under guardianship, or if an administrator is appointed.
15.5. If FORWARD BENELUX enacts suspension or dissolution, it is in no way liable to pay any resulting damages or costs.
15.6. If the agreement is dissolved, the claims of FORWARD BENELUX on the client become immediately payable. lf FORWARD BENELUX suspends fulfilment of its obligations, it will retain its claims under the law and agreement.
15.7. FORWARD BENELUX retains the right to claim compensation.
Article 16. Liability and limitation
16.1. FORWARD BENELUX cannot be obliged to pay compensation for any damage which is a direct or indirect result of:
a. an event that is beyond its control and thus cannot be attributed to it, as defined in Article 17 of these general terms and conditions;
b. any act or omission of the client, his subordinates, or other persons who are employed by or on behalf of the client.
16.2. FORWARD BENELUX is not liable for damages of any nature whatsoever caused by the use of false and/or incomplete data provided by the client.
16.3. FORWARD BENELUX is not liable for damages suffered by the client caused by improper storage, processing, packaging on transport by the client.
16.4. FORWARD BENELUX is not liable for any damage caused by misuse or improper use of the product, by use of the products in violation of the instructions, by incorrect or incorrect maintenance of the products, or by not timely or not properly performing the required checks.
16.5. FORWARD BENELUX is not liable for damage resulting from changes made by the client or third parties.
16.6. In no event shall FORWARD BENELUX be liable for damages arising from or caused by the delivered product having been used for a purpose other than for which it is intended.
16.7. If FORWARD BENELUX is in its opinion required to take measures or to cooperate with recall actions initiated by manufacturers to prevent (further) damage resulting from claims of clients on the basis of a defect in delivered products, the client is required to cooperate with such measures. FORWARD BENELUX can never be held liable for damage caused to the client due to these initiated recall actions.
16.8. FORWARD BENELUX is never obliged to pay compensation for consequential damages. Consequential damages are in any case: lost sales, lost profits, lost savings, loss of production, loss of profits, business interruption, stagnation damages, delay damages, reputational damages, environmental damages and indirect damages, regardless of their origin.
16.9. If FORWARD BENELUX is deemed to be liable for any damages, the liability of FORWARD BENELUX is limited to the amount paid out by the insurer to FORWARD BENELUX. lf the insurer does not pay, or if the damage is not covered by the insurance, the liability of FORWARD BENELUX is limited to the invoice amount, meaning the part of the agreement to which the liability relates.
16.10. The client indemnifies FORWARD BENELUX from claims of third parties against FORWARD BENELUX in respect of events, acts or omissions for which FORWARD BENELUX is not liable under the foregoing. The client is obliged to indemnify FORWARD BENELUX from all costs, damages and interest that may arise as a direct or indirect result of claims by a third parties as referred to in this paragraph.
16.11. Claims and other powers of the client against FORWARD BENELUX shall in any event expire after one year from the moment an event occurs based on which the client can exercise those rights and/or powers.
16.12. If the client does not, not timely, or not properly fulfil his contractual obligations or his obligations under the law or acts unlawful towards FORWARD BENELUX, the client must reimburse all damages suffered by FORWARD BENELUX.
Article 17. Force majeure
17.1. FORWARD BENELUX is not obliged to fulfil any obligation if it is prevented from doing so due to force majeure. Force majeure shall in any case be: weather; theft; power and internet outage; floods, landslides and other natural disasters; terrorism; impediments by third parties, including those of governments; transportation obstructions; strikes; riots, wars or the threat of war; loss of or damage to goods during the transport thereof; the non or late delivery of goods to FORWARD BENELUX by its suppliers; import and export restrictions; fires, breakdowns and accidents in the FORWARD BENELUX company or its suppliers; burning the means of transport of FORWARD BENELUX, its supplier, or an engaged transport company, the occurrence of defects therein, involvement in accidents thereof; measures of any domestic, foreign or international government.
17.2. Force majeure also includes shortcomings by suppliers of FORWARD BENELUX.
17.3. In case of force majeure, FORWARD BENELUX shall not be obliged to pay compensation for any direct or indirect damages and shall also be relieved of its obligation to deliver. It will depend on the circumstances of the case if this is a complete or partial relieve of its obligations, or if there shall only be a suspension of delivery. FORWARD BENELUX and the client shall be obliged to make use of any opportunity to perform the delivery, possibly in a modified manner, and adjust the prices paid by the client accordingly.
Article 18. Confidentiality
18.1. Both parties are obliged to observe the secrecy of all confidential information obtained in the course of their agreement from each other or from another source. Information is confidential if this is communicated by the other party, or if this follows from the nature of the information . The party receiving confidential information shall only use it for the purpose for which it was provided.
18.2. If FORWARD BENELUX is required to disclose confidential information to a third party designated by law or the designated competent court pursuant to a statutory provision or a court order, and FORWARD BENELUX cannot invoke a duty of confidentiality, FORWARD BENELUX is not liable for damages or compensation to the client, and the client is not entitled to terminate the agreement based on any resulting damages.
Article 19. Intellectual property rights
19.1. FORWARD BENELUX maintains all intellectual property rights at all times on provided documents, quotations, images, designs and drawing.
19.2. The client must unconditionally respect all intellectual property rights which rest on the products delivered by FORWARD BENELUX.
Article 20. Applicable law and competent court
20.1. Any agreement between FORWARD BENELUX and the client is governed by Dutch law. The applicability of the CISG is excluded.
20.2. All disputes related to agreements between the client and FORWARD BENELUX shall be submitted to the competent court in the district where FORWARD BENELUX is located.