Unless the nature or the essence of these provisions dictates otherwise, the following definitions are applicable in these General Terms and Conditions.
Carrus: acting under the trading name Carrus BV or Carts-parts.com, the user of these General Terms and Conditions, based at Kwekerijweg 8, 3709 JA in Zeist, registered in the Trade Register under Chamber of Commerce number 37061115.Other Party: the natural person or legal entity with whom Carrus has entered into or intends to enter into an Agreement. Consumer: the Other Party as referred to in paragraph 2 who is not acting in the performance of a profession or business. Agreement: every agreement formed between the Other Party and Carrus under which Carrus has agreed to supply Products and/or undertake Activities. Products: all goods to be sold to and to be delivered to the Other Party within the framework of an Agreement, such as golf carts and golf cart parts. Activities: all activities to be undertaken within the framework of the Agreement by Carrus, such as maintenance, repair and assembly activities. Written: both traditional written communication and communication by e-mail.
These General Terms and Conditions are applicable to every offer from Carrus and every Agreement entered into. These General Terms and Conditions are also applicable to Agreements the performance of which requires the involvement of third parties. The applicability of any general or other terms and conditions of the Other Party is specifically excluded. Only Written deviations from these General Terms and Conditions shall be valid. If and insofar as the parties have agreed a Written deviation from these General Terms and Conditions, that which the parties have specifically agreed in writing shall be applicable. Annulment or invalidity of one or more of these provisions shall not affect the validity of the other clauses. In such a case the parties are obliged to enter into mutual dialogue in order to implement a replacement arrangement with regard to the affected clause. In so doing, the purpose and the essence of the original provision shall be taken into account as much as possible.
Each offer from Carrus is without obligation unless a period for acceptance is stated in the offer. The Other Party cannot derive any rights from an offer from Carrus that contains an obvious error or mistake, nor can the Other Party derive any rights from an offer from Carrus that is based on incorrect or incomplete information provided by the Other Party. A combined quotation does not oblige Carrus to fulfil part of the offer at a corresponding part of the quoted price. The Agreement shall be formed via offer and acceptance. If the Other Party’s acceptance deviates from the offer from Carrus the Agreement shall not be formed in accordance with this deviating acceptance unless stated otherwise by Carrus. If Carrus issues an assignment confirmation or order confirmation to the Other Party, this confirmation will be deemed to accurately and fully reflect the Agreement, unless the Other Party has lodged a complaint with Carrus within appropriate time after the issue of the relevant confirmation. If the Other Party concludes the Agreement (partly) on behalf of another natural person or legal entity it declares by entering into the Agreement that it is authorised to do so. In addition to this natural person or legal entity, the Other Party is jointly and severally liable for complying with the obligations arising under that Agreement.
If Carrus is dependent on information provided by the Other Party for the performance of the Agreement the lead-times and/or completion/delivery times shall commence no sooner than after Carrus has received this information. Carrus shall endeavour to observe the lead-times and/or completion/delivery times agreed between the parties, but these times shall never be strict deadlines. The Other Party shall not invoke any rights it has under law any sooner than after it has given Carrus Written notice of default providing a reasonable period of time within which Carrus can still fulfil the Agreement and that fulfilment has still not occurred after the aforementioned period of time has lapsed. Carrus has the right at all times, under its responsibility, to transfer the full or partial performance of the Agreement to third parties.
Depending on what has been agreed, the delivery of the ordered Products shall take place by collection of the Products from the Carrus premises or by delivery to a delivery address notified by the Other Party. In the event of absence of a delivery address, the address on the invoice shall be deemed to be the delivery address. Unless agreed specifically otherwise, in the event of delivery, the shipping method and the packaging of the Products shall be determined by Carrus. The risk of loss and damage in relation to the Products shall transfer to the Other Party at the moment that the Products have been received by the Other Party or a by a third party designated by the Other Party. The Other Party is obliged to accept the purchased Products at the moment that they are made available to or delivered to him. If the Other Party refuses to accept the Products for any reason or fails to provide information or instructions required for delivery to take place the Products shall be stored at the expense and risk of the Other Party after Carrus has notified the Other Party about this. In that case, the Other Party shall owe a reasonable price for the storage of the Products, over and above the purchase price. Carrus has the right to deliver orders in parts. If orders are delivered in parts Carrus shall have the right to invoice for each part separately.
If the Other Party uses the Products for resale, this Article also applies. The Other Party is obliged to sell the Products under its own name, at its own risk and at its own expense. The Other Party shall never be entitled to represent Carrus as an agent or otherwise. The Other Party must present the Carrus trademarks as well as the Products supplied that carry those trademarks in a prominent and consistent way in accordance with the characteristic identity of the trademarks used. Advertisements and other communication with the Other Party’s customers must be consistent with the characteristic identity of the Carrus trademark. The Products must be presented in a way that does not detract from the nature of the Carrus trademarks. At the instigation of Carrus every presentation of the Products supplied that carry the Carrus trade name must be presented to Carrus for approval before publication, if and insofar as graphic or text-related elements included in the presentation do not originate directly from Carrus. Carrus shall not unreasonably withhold approval.
If maintenance Activities are to be undertaken on the basis of a continuing performance contract the Agreement shall state the term of this contract. After the end of the agreed duration the maintenance contract shall be automatically extended each time by the originally agreed term unless the Agreement is terminated in a timely manner in accordance with the following paragraph. A maintenance contract shall end after notice has been given and with due regard for the Written notice period notified to the Other Party by Carrus towards the end of the term. In deviation from paragraph 2, if the Other Party is acting in the capacity of a Consumer then after the end of the originally agreed term the Agreement shall not be extended automatically by the originally agreed term but shall be automatically extended for an indefinite period. Termination of an automatically extended Agreement that has been entered into with a Consumer shall take place with due observance of a notice period of a maximum of one month.