Terms and Conditions

1.1 These terms and conditions alone apply to all offers made by Trital Safety and all agreements entered into with the buyer, unless and to the extent that Trital Safety deviates from them in writing. Once these terms and conditions have become part of an agreement concluded between the buyer and Trital Safety, they shall also apply to all subsequent legal relationships between the parties.

1.2 By entering into a transaction with Trital Safety, the buyer is deemed to waive any reliance on its own terms and conditions that conflict with these terms and conditions. The buyer may invoke the supplementary application of its own purchasing terms or other terms, provided such invocation does not conflict with the letter or spirit of these terms and conditions.

1.3 If any provision(s) of these general terms and conditions is void or is declared void, the remaining provisions of these general terms and conditions shall remain in full force and effect.

1.1 These terms and conditions alone apply to all offers made by Trital Safety and all agreements entered into with the buyer, unless and to the extent that Trital Safety deviates from them in writing. Once these terms and conditions have become part of an agreement concluded between the buyer and Trital Safety, they shall also apply to all subsequent legal relationships between the parties.

1.2 By entering into a transaction with Trital Safety, the buyer is deemed to waive any reliance on its own terms and conditions that conflict with these terms and conditions. The buyer may invoke the supplementary application of its own purchasing terms or other terms, provided such invocation does not conflict with the letter or spirit of these terms and conditions.

1.3 If any provision(s) of these general terms and conditions is void or is declared void, the remaining provisions of these general terms and conditions shall remain in full force and effect.

2.1 All offers, regardless of their form or to whom they are made, are always non-binding. An agreement is not concluded until Trital Safety has accepted or confirmed an order in writing, or has begun to carry out the order.

2.2 Any subsequent additions or deviations shall only take effect upon written confirmation by Trital Safety.

2.3 Information regarding Trital Safety’s products, such as dimensions, weights, colors, and other characteristics, are provided only as approximations; furthermore, no rights may be derived from photographs, drawings, diagrams, or designs, unless expressly agreed otherwise.

2.4 An agreement is entered into subject to the condition precedent that the buyer is found to be sufficiently creditworthy based on information to be obtained by Trital Safety.

2.5 If it subsequently transpires that, in Trital Safety’s opinion, the buyer is unable to provide sufficient security to ensure fulfillment of its payment obligations, Trital Safety is entitled to immediately suspend or terminate (further) performance of the agreement without any obligation to compensate the buyer.

2.6 Trital Safety is entitled, upon or after the conclusion of the agreement, if deemed necessary, to ship the goods cash on delivery.

2.7 For deliveries made for which the buyer has not provided a written order, Trital Safety’s records shall, subject to proof to the contrary, serve as conclusive evidence of the existence and performance of the agreement.

2.8 Commitments made by or agreements entered into with Trital Safety’s staff are only binding once their content has been confirmed in writing by Trital Safety.

2.9 All documents containing offers remain the property of Trital Safety. This information may not be disclosed to third parties without the written consent of Trital Safety.

2.10 Any industrial or intellectual property rights to the aforementioned documents and information are also reserved by Trital Safety.

2.1 All offers, regardless of their form or to whom they are made, are always non-binding. An agreement is not concluded until Trital Safety has accepted or confirmed an order in writing, or has begun to carry out the order.

2.2 Any subsequent additions or deviations shall only take effect upon written confirmation by Trital Safety.

2.3 Information regarding Trital Safety’s products, such as dimensions, weights, colors, and other characteristics, are provided only as approximations; furthermore, no rights may be derived from photographs, drawings, diagrams, or designs, unless expressly agreed otherwise.

2.4 An agreement is entered into subject to the condition precedent that the buyer is found to be sufficiently creditworthy based on information to be obtained by Trital Safety.

2.5 If it subsequently transpires that, in Trital Safety’s opinion, the buyer is unable to provide sufficient security to ensure fulfillment of its payment obligations, Trital Safety is entitled to immediately suspend or terminate the (further) performance of the agreement without any obligation to compensate the buyer.

2.6 Trital Safety is entitled, upon or after the conclusion of the agreement, if deemed necessary, to ship the goods cash on delivery.

2.7 For deliveries made for which the buyer has not provided a written order, Trital Safety’s records shall, subject to proof to the contrary, serve as conclusive evidence of the existence and performance of the agreement.

2.8 Commitments made by or agreements entered into with Trital Safety’s staff are only binding once their content has been confirmed in writing by Trital Safety.

2.9 All documents containing offers remain the property of Trital Safety. This information may not be disclosed to third parties without the written consent of Trital Safety.

2.10 Any industrial or intellectual property rights to the aforementioned documents and information are also reserved by Trital Safety.

3.1 All prices are exclusive of shipping and insurance costs, sales tax, and any other taxes and levies for which the buyer is responsible, unless expressly agreed otherwise in writing.

3.2 Prices are based on cost prices in effect at the time of the offer. The seller is entitled to pass on cost increases resulting from rises in the cost of raw and auxiliary materials, transportation costs, insurance premiums, exchange rates, or other factors by raising prices. If a price increase on these grounds occurs within 3 months of the seller’s offer, the buyer is entitled to terminate the agreement. Price increases resulting from tax levies and other government levies may be passed on to the buyer at any time.

3.1 All prices are exclusive of shipping and insurance costs, sales tax, and any other taxes and levies for which the buyer is responsible, unless expressly agreed otherwise in writing.

3.2 Prices are based on cost prices in effect at the time of the offer. The seller is entitled to pass on cost increases resulting from rises in the cost of raw and auxiliary materials, transportation costs, insurance premiums, exchange rates, or other factors by raising prices. If a price increase on these grounds occurs within 3 months of the seller’s offer, the buyer is entitled to terminate the agreement. Price increases resulting from tax levies and other government levies may be passed on to the buyer at any time.

4.1 The buyer must make payment, without any deductions, within 30 days of the invoice date to a bank or giro account designated by Trital Safety

4.2 As of the due date, the buyer shall owe 1½% late payment interest per month or portion thereof on the unpaid portion of the invoices.

4.3 If, following a written demand by or on behalf of Trital Safety, the buyer fails to make any payment, Trital Safety is entitled to reimbursement of all judicial and extrajudicial costs incurred in collecting the claims.

4.4 Judicial costs include all costs associated with enforcement, as well as the portion of the invoices issued by Trital’s authorized representatives or attorneys that is not covered by a judgment ordering the buyer to pay litigation costs.

4.5 Extrajudicial costs shall be deemed to amount to at least 15% (excluding sales tax) of the amount due, with a minimum of 50.00 euros (excluding sales tax).

4.6 If the buyer fails to pay any due and payable claim, Trital Safety is also entitled to immediately suspend the (further) performance of the agreement or to deem the agreement wholly or partially terminated without judicial intervention, without prejudice to its right to claim damages from the buyer.

4.7 All claims by Trital Safety become immediately due and payable, if at any time the buyer loses, in whole or in part, the free disposal of its assets, or, in Trital Safety’s opinion, is at risk of losing such disposal, or if the buyer files for a stay of payments, or fails to fulfill its obligations toward Trital Safety in a timely manner. Under these circumstances, Trital Safety is also entitled to terminate or suspend the agreement with the buyer immediately and without the intervention of any court, without prejudice to Trital Safety’s right to compensation for any damages incurred as a result.

4.8 Any extension of payment granted may be revoked by Trital Safety at any time.
In all other cases, including where the buyer fails to arrange for timely transportation or fails to take delivery of the transported goods, the place of delivery shall be the location where the goods were situated at the time of sale.

4.1 The buyer must make payment, without any deductions, within 30 days of the invoice date to a bank or giro account designated by Trital Safety

4.2 As of the due date, the buyer shall owe 1½% late payment interest per month or portion of a month on the unpaid portion of the invoices.

4.3 If, following a written demand by or on behalf of Trital Safety, the buyer remains in default of any payment, Trital Safety is entitled to reimbursement of all judicial and extrajudicial costs incurred in the collection of the claims.

4.4 Judicial costs include all costs associated with enforcement, as well as the portion of the invoices issued by Trital’s authorized representatives or attorneys that is not covered by a judgment ordering the buyer to pay the litigation costs.

4.5 Extrajudicial costs shall be deemed to amount to at least 15% (excluding sales tax) of the amount due, with a minimum of 50.00 euros (excluding sales tax).

4.6 If the buyer fails to pay any due and payable claim, Trital Safety is also entitled to immediately suspend the (further) performance of the agreement or to deem the agreement wholly or partially terminated without judicial intervention, without prejudice to its right to claim damages from the buyer.

4.7 All claims by Trital Safety become immediately due and payable, if at any time the buyer loses, in whole or in part, the free disposal of its assets, or, in Trital Safety’s opinion, is at risk of losing such disposal, or if the buyer files for a stay of payments, or fails to fulfill its obligations toward Trital Safety in a timely manner. Under these circumstances, Trital Safety is also entitled to terminate or suspend the agreement with the buyer immediately and without the intervention of any court, without prejudice to Trital Safety’s right to compensation for any damages suffered as a result.

4.8 Any extension of payment granted may be revoked by Trital Safety at any time.
In all other cases, including where the buyer fails to arrange for timely transportation or fails to take delivery of the transported goods, the place of delivery shall be the location where the goods were situated at the time of sale.

5.1 Notwithstanding any provision of commercial law or commercial practice—whether carriage paid, FOB, CIF, or otherwise—the place of delivery shall be the place where the goods are loaded onto the first means of transport by or on behalf of Trital Safety or the buyer

5.2 Upon delivery as defined in paragraph 1 of this article, the risk of loss or damage to the goods passes to the buyer.

5.3 Although every effort will be made to meet specified delivery times, Trital Safety cannot guarantee them. Exceeding delivery times, for whatever reason, does not entitle the buyer to claim damages, liquidated damages, or to demand termination of the agreement.

5.4 The buyer is obligated to inspect the delivered goods and their packaging for visible damage immediately upon receipt or to conduct such an inspection after Trital Safety notifies the buyer that the goods are available for pickup.

5.5 The buyer must note any shortages or damage upon delivery of the goods, including the packaging, on the delivery receipt, the invoice, and any shipping documents; failure to do so may result in Trital Safety not processing any claims.

5.6 Trital Safety is entitled to make partial deliveries and issue partial invoices.

5.1 Notwithstanding any provision of commercial law or commercial practice—whether carriage paid, FOB, CIF, or otherwise—the place of delivery shall be the place where the goods are loaded onto the first means of transport by or on behalf of Trital Safety or the buyer

5.2 Upon delivery as defined in paragraph 1 of this article, the risk of the goods passes to the buyer.

5.3 Although every effort will be made to meet specified delivery times, Trital Safety cannot guarantee them. Exceeding delivery times, for whatever reason, does not entitle the buyer to claim damages, liquidated damages, or to demand termination of the agreement.

5.4 The buyer is obligated to inspect the delivered goods and their packaging for visible damage immediately upon receipt or to conduct such an inspection after Trital Safety notifies the buyer that the goods are available for pickup.

5.5 The buyer must note any shortages or damage upon delivery of the goods, including the packaging, on the delivery receipt, the invoice, and any shipping documents; failure to do so may result in Trital Safety not processing the claims.

5.6 Trital Safety is entitled to make partial deliveries and issue partial invoices.

6.1 All deliveries are made subject to retention of title. Title shall not pass to the buyer until the buyer has fulfilled all of its obligations to Trital Safety.

6.2 The buyer is obligated to mark the delivered goods as the property of Trital Safety, or to have them marked as such, or to separate the goods from similar goods belonging to the buyer or third parties in such a way so that the delivered goods are identifiable at all times as the property of Trital Safety.

6.3 As long as ownership has not passed to the buyer, the buyer is not authorized to dispose of, encumber, lease, lend, or transfer goods from Trital Safety—whether or not as security—or to place them in the possession of third parties in any other way, except in the ordinary course of the buyer’s business.

6.4 If the buyer has transferred goods to third parties despite Trital Safety’s retention of title, the buyer is obligated, upon Trital Safety’s first request to that effect, to assign to Trital Safety all its rights in that regard against such third parties as security for all of Trital Safety’s claims against the buyer.

6.1 All deliveries are made subject to retention of title. Title shall not pass to the buyer until the buyer has fulfilled all of its obligations to Trital Safety.

6.2 The buyer is obligated to mark the delivered goods as the property of Trital Safety, or to have them marked as such, or to separate the goods from similar goods belonging to the buyer or third parties in such a way so that the delivered goods are identifiable at all times as the property of Trital Safety.

6.3 As long as ownership has not passed to the buyer, the buyer is not authorized to dispose of, encumber, lease, lend, or transfer goods from Trital Safety—whether or not as security—or to place them in the possession of third parties in any other way, except in the ordinary course of the buyer’s business.

6.4 If the buyer has transferred goods to third parties despite Trital Safety’s retention of title, the buyer is obligated, upon Trital Safety’s first request to that effect, to assign to Trital Safety all its rights in that regard against such third parties as security for all of Trital Safety’s claims against the buyer.

7.1 Unless expressly agreed otherwise, Trital Safety delivers goods in accordance with customary commercial standards. If the buyer demonstrates to Trital Safety that the delivered goods do not meet the standards customary in commercial transactions, Trital Safety will replace or repair the goods in question to the extent possible. A warranty for goods purchased by Trital Safety from third parties is provided only if and to the extent that the relevant manufacturer or supplier provides a warranty.

7.2 In the event of defects in the goods, the buyer must report these to Trital Safety in writing within one week of delivery, as defined in Article 5 of these terms and conditions; failure to do so will result in the forfeiture of any claims for replacement or under warranty.

7.3 The buyer must return goods that are the subject of a complaint to Trital Safety, shipping charges prepaid, to Trital Safety’s business address.

8.1 In the event of force majeure, Trital Safety is authorized, without judicial intervention, either to extend the delivery time of the goods by the duration of the force majeure or to consider the agreement terminated in whole or in part, without thereby being liable for damages.

8.2 Force majeure is defined here as any circumstance beyond Trital Safety’s control—whether or not foreseeable at the time the agreement was entered into—that temporarily or permanently prevents performance of the agreement. This includes, in any event, war, threat of war, mobilization, civil unrest, martial law, boycott, strike or lockout, fire, theft, embezzlement, accident or illness of personnel, operational disruptions, transportation problems, import restrictions, and other government regulations.

8.1 In the event of force majeure, Trital Safety is authorized, without judicial intervention, either to extend the delivery time of the goods by the duration of the force majeure or to consider the agreement terminated in whole or in part, without thereby being liable for damages.

8.2 Force majeure is defined here as any circumstance beyond Trital Safety’s control—whether or not foreseeable at the time the agreement was concluded—that temporarily or permanently prevents the performance of the agreement. This includes, in any event, war, threat of war, mobilization, civil unrest, martial law, boycott, strike or lockout, fire, theft, embezzlement, accident or illness of personnel, operational disruptions, transportation problems, import restrictions, and other government regulations.

9.1 Trital Safety is not obligated to indemnify for hidden defects that are not, or could not have been, known to Trital Safety. Except for the obligation to deliver the agreed-upon quality, Trital Safety is not liable for any direct or indirect damages whatsoever, including costs and interest.

9.2 Trital Safety is also not liable for damage to third parties caused by or arising in connection with the goods delivered by Trital Safety to the buyer. The buyer undertakes to indemnify Trital Safety against all claims brought against Trital Safety by third parties, as well as to compensate Trital Safety for any damages that may arise as a result of such claims.

9.3 Any advice provided by Trital Safety regarding the selection, use, or application of Trital Safety’s commercial goods is provided without obligation and at the buyer’s own risk.

9.4 The provision of any warranty or replacement, to the extent that a valid claim can be made therefor, shall constitute the sole and exclusive remedy.

9.5 Should Trital Safety, notwithstanding this article, be found legally liable for breaches of the agreement or for causing damage, the purchase price relating to the goods in question shall in all cases constitute the maximum amount for which Trital Safety may be required to pay.

9.6 Trital Safety is liable only for damages suffered by the other party that are attributable to its willful misconduct or gross negligence, up to the amount for which Trital Safety is insured under an insurance policy customary in the industry.

9.7 Subject to mandatory provisions of law regarding (product) liability, and subject to the legal principles of public policy and good faith, Trital Safety is not liable for damages of any kind, whether direct or indirect, to persons, caused by or arising in connection with measurements and the like in or on the body.

9.8 In any case, Trital Safety is not liable for damage caused by:

• improper use of the delivered goods or use thereof for a purpose other than that for which they are suitable according to objective standards.
• careless conduct on the part of the other party, its personnel, or other persons engaged by it.

9.1 Trital Safety is not obligated to indemnify for hidden defects that are not, or could not have been, known to Trital Safety. Except for the obligation to deliver the agreed-upon quality, Trital Safety is not liable for any direct or indirect damages whatsoever, including costs and interest.

9.2 Trital Safety is also not liable for damage to third parties caused by or arising in connection with the goods delivered by Trital Safety to the buyer. The buyer undertakes to indemnify Trital Safety against all claims brought against Trital Safety by third parties, as well as to compensate Trital Safety for any damages that may arise as a result of such claims.

9.3 Any advice provided by Trital Safety regarding the selection, use, or application of Trital Safety’s commercial goods is provided without obligation and at the buyer’s own risk.

9.4 The provision of any warranty or replacement, to the extent that a valid claim can be made therefor, shall constitute the sole and exclusive remedy.

9.5 Should Trital Safety, notwithstanding this article, be found legally liable for breaches of the agreement or for causing damage, the purchase price relating to the goods in question shall in all cases constitute the maximum amount for which Trital Safety may be required to pay.

9.6 Trital Safety is liable only for damages suffered by the other party that are attributable to its willful misconduct or gross negligence, up to the amount for which Trital Safety is insured under an insurance policy customary in the industry.

9.7 Subject to mandatory provisions of law regarding (product) liability, and subject to the legal principles of public policy and good faith, Trital Safety is not liable for damages of any kind, whether direct or indirect, to persons, caused by or arising in connection with measurements and the like in or on the body.

9.8 In any case, Trital Safety is not liable for damage caused by:

• improper use of the delivered goods or use thereof for a purpose other than that for which they are suitable according to objective standards.
• careless conduct on the part of the other party, its personnel, or other persons engaged by it.

10.1 These terms and conditions, as well as all offers and agreements of Trital Safety, are governed exclusively by Dutch law.

10.2 The Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of International Sales Contracts for Goods are excluded from application.

10.3 All disputes, whether deemed as such by Trital Safety or by the buyer, may be brought exclusively before the District Court of Rotterdam, without prejudice to the statutory provisions regarding the jurisdiction of the small claims courts.

10.1 These terms and conditions, as well as all offers and agreements of Trital Safety, are governed exclusively by Dutch law.

10.2 The Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of International Sales Contracts for Goods are excluded from application.

10.3 All disputes, whether deemed as such by Trital Safety or by the buyer, may be brought exclusively before the District Court of Rotterdam, without prejudice to the statutory provisions regarding the jurisdiction of the small claims courts.

1.1. For the purposes of these General Terms and Conditions, the following definitions apply:

1. General Terms and Conditions: these general terms and conditions used by All Safety;
2. Customer: any natural or legal person who has a contractual relationship with us, based on a purchase agreement or other type of agreement concluded or to be concluded with us;
3. We / us: All Safety

1.2. Where these General Terms and Conditions refer to (the delivery of) goods, this also includes the provision of services and (consulting, repair, inspection, and maintenance) work of any kind relating to those goods.

1.1. For the purposes of these General Terms and Conditions, the following definitions apply:

1. General Terms and Conditions: these general terms and conditions used by All Safety;
2. Customer: any natural or legal person who has a contractual relationship with us, based on a purchase agreement or other type of agreement concluded or to be concluded with us;
3. We / us: All Safety

1.2. Where these General Terms and Conditions refer to (the delivery of) goods, this also includes the provision of services and (consulting, repair, inspection, and maintenance) work of any kind relating to those goods.

2.1. These General Terms and Conditions apply to all our quotations, offers, and all agreements entered into by us, however named, unless expressly agreed otherwise in writing.

2.2. Agreements that conflict with or supplement these General Terms and Conditions are valid only if we have confirmed them in writing and apply only to the transaction in question.

2.3. The applicability of any purchase terms or other terms and conditions of the Customer is expressly excluded.

2.1. These General Terms and Conditions apply to all our quotations, offers, and all agreements entered into by us, however named, unless expressly agreed otherwise in writing.

2.2. Agreements that conflict with or supplement these General Terms and Conditions are valid only if confirmed by us in writing and apply only to the transaction in question.

2.3. The applicability of any purchase terms or other terms and conditions of the Customer is expressly excluded.

3.1. General offers or (price) quotations on our website, in flyers, brochures, etc., are not binding on us and are intended solely as an invitation to the Customer to place an order.

3.2. An individual price quotation provided to the Customer is binding on us only if it is made in writing and if the Customer accepts it in writing before the expiration of the term specified therein.

3.3. If no time limit is specified, quotations and offers made by us are valid for 30 days, starting from the date of the quotation or offer.

3.4. In the case of a composite quotation, we are under no obligation to deliver a portion of the items included in the quotation or offer for a corresponding portion of the quoted price, nor does our quotation or offer automatically apply to subsequent orders.

3.1. General offers or (price) quotations on our website, in flyers, brochures, etc., are not binding on us and are intended solely as an invitation to the Customer to place an order.

3.2. An individual price quotation provided to the Customer is binding on us only if it is made in writing and if the Customer accepts it in writing before the expiration of the term specified therein.

3.3. If no time limit is specified, quotations and offers made by us are valid for 30 days, starting from the date of the quotation or offer.

3.4. In the case of a composite quotation, we are under no obligation to deliver a portion of the items included in the quotation/offer for a corresponding portion of the quoted price, nor does our quotation/offer automatically apply to subsequent orders.

4.1. The information and advice we provide are of a general nature only and are non-binding.

4.2. We accept no responsibility for designs developed by or on behalf of the Customer, nor for any advice provided in connection with such designs.

4.3. In the event of an order to manufacture goods based on data, logos, drawings, etc., provided to us by the Customer, the Customer fully indemnifies us against any infringements of third-party rights.

4.4. The Customer is solely responsible for the functional suitability of the materials specified by the Customer. “Functional suitability” means the suitability of the material for the purpose for which the Customer intends it to be used.

4.1. The information and advice we provide are of a general nature only and are non-binding.

4.2. We accept no responsibility for designs developed by or on behalf of the Customer, nor for any advice provided in connection with such designs.

4.3. In the event of an order to manufacture goods based on data, logos, drawings, etc., provided to us by the Customer, the Customer fully indemnifies us against any infringements of third-party rights.

4.4. The Customer is solely responsible for the functional suitability of the materials specified by the Customer. Functional suitability is defined as the suitability of the material for the purpose for which the Customer intends it to be used.

5.1. Agreements are concluded electronically (via the Internet or email) when we confirm an order or request submitted to us electronically.

5.2. Orders and requests received in writing, by telephone, or by fax will be confirmed to the Customer in writing, by fax, or by email whenever possible. The date on which we send the order confirmation shall be deemed the date of acceptance/confirmation of the order. This date is also the date on which the agreement is deemed to have been concluded.

5.3. We also consider orders and requests to have been accepted if we carry them out.

5.4 If we enter into an agreement with two or more individuals or legal entities, each of these individuals or legal entities is jointly and severally liable for the full performance of the obligations arising for them under that agreement.

5.1. Agreements are concluded electronically (via the Internet or email) when we confirm an order or request submitted to us electronically.

5.2. Orders and requests received in writing, by telephone, or by fax will be confirmed to the Customer in writing, by fax, or by email whenever possible. The date on which we send the order confirmation shall be deemed the date of acceptance/confirmation of the order. This date is also the date on which the agreement is deemed to have been concluded.

5.3. We also consider orders and requests to have been accepted if we carry them out.

5.4 If we enter into an agreement with two or more individuals or legal entities, each of these individuals or legal entities is jointly and severally liable for the full performance of the obligations arising for them under that agreement.

6.1. Our prices are in euros and, unless expressly agreed otherwise in writing, exclude sales tax and other government levies, as well as shipping and packaging costs.

6.2. Our prices may be based on minimum quantities imposed by or on us (by our supplier).

6.3. If we agree on a specific price with the Customer, we nevertheless reserve the right to increase the price in the event of significant price changes regarding raw materials, materials, exchange rates, and/or labor and transportation costs, or if our supplier increases its prices. If a price increase exceeds 10%, the Customer has the right to terminate the agreement.

6.1. Our prices are in euros and, unless expressly agreed otherwise in writing, exclude sales tax and other government levies, as well as shipping and packaging costs.

6.2. Our prices may be based on minimum quantities imposed by us or on us (by our supplier).

6.3. If we agree on a specific price with the Customer, we nevertheless reserve the right to increase the price in the event of significant price changes with respect to raw materials, materials, exchange rates, and/or labor and transportation costs, or if our supplier increases its prices. If a price increase exceeds 10%, the Customer has the right to terminate the agreement.

7.1. Delivery times specified by us are always estimates and shall never be considered strict deadlines, unless expressly agreed otherwise in writing. In the event of late delivery, the Customer must therefore give us written notice of default.

7.2. Delivery times are always subject to timely delivery by our suppliers.

7.3. We reserve the right to make partial deliveries. If goods are delivered in installments, we have the right to invoice each installment separately.

7.4. Delivered quantities may differ from the agreed-upon quantities. The Customer is obligated to accept and pay for any excess quantity delivered if such excess does not deviate by more than 10% from the agreed-upon quantities. The Customer is obligated to accept any shortfall in the delivered quantity if such shortfall does not deviate by more than 10% from the agreed-upon quantities, after which we will issue a credit to the Customer accordingly.

7.5. The risk of loss or damage to the goods passes to the Customer at the moment the goods are presented for receipt at the address specified by the Customer.

7.6 Disposable packaging will not be accepted for return; any necessary processing or treatment thereof shall be at the Customer’s expense. All other packaging remains our property at all times, may not be used by the Customer in any other way, and must be returned to us upon first request in good condition and in its entirety, in a manner to be specified by us. We reserve the right to charge the Customer a deposit for packaging.

7.1. Delivery times specified by us are always estimates and shall never be considered strict deadlines, unless otherwise expressly agreed in writing. In the event of late delivery, the Customer must therefore give us written notice of default.

7.2. Delivery times are always subject to timely delivery by our suppliers.

7.3. We reserve the right to make partial deliveries. If goods are delivered in parts, we have the right to invoice each part separately.

7.4. Delivered quantities may differ from the agreed-upon quantities. The Customer is obligated to accept and pay for any excess quantity delivered if such excess does not deviate by more than 10% from the agreed-upon quantities. The Customer is obligated to accept any shortfall in the delivered quantity if such shortfall does not deviate by more than 10% from the agreed-upon quantities, after which we will issue a credit to the Customer accordingly.

7.5. The risk of loss or damage to the goods passes to the Customer at the moment the goods are presented for receipt at the address specified by the Customer.

7.6 Disposable packaging will not be accepted for return; any necessary processing or treatment thereof shall be at the Customer’s expense. All other packaging remains our property at all times, may not be used by the Customer in any other way, and must be returned to us upon first request in good condition and in its entirety, in a manner to be specified by us. We reserve the right to charge the Customer a deposit for packaging.

8.1. We do not warrant the suitability of the products, goods, or services we supply for any particular purpose and/or under all circumstances.

8.2. The warranty on products manufactured by a third party is limited to the warranty provided by the relevant manufacturer for that product.

8.3. If an item has a design, material, or manufacturing defect, we are only obligated, at our discretion, to:
a. (free of charge) repair of the defects; or
b. delivery of replacement goods upon receipt (including return) of the defective goods; or
c. refund of the purchase price received or crediting of the invoice sent to the Customer.

8.4. The warranty does not apply if the defect, flaw, or damage results from improper handling or failure to follow instructions correctly.

8.5. Defects caused by normal wear and tear, improper or incorrect maintenance, or those that arise after modifications or repairs made by or on behalf of the Customer or by third parties are excluded from the warranty.

8.1. We do not warrant the suitability of the products, goods, or services we supply for any particular purpose and/or under all circumstances.

8.2. The warranty on products manufactured by a third party is limited to the warranty provided by the relevant manufacturer for that product.

8.3. If an item has a design, material, or manufacturing defect, we are only obligated, at our discretion, to:
a. (free of charge) repair of the defects; or
b. delivery of replacement goods upon receipt (after return) of the defective goods; or
c. refund of the purchase price received or crediting of the invoice sent to the Customer.

8.4. The warranty does not apply if the defect, flaw, or damage results from improper handling or failure to follow instructions correctly.

8.5. Defects caused by normal wear and tear, improper or incorrect maintenance, or those that arise after modifications or repairs made by or on behalf of the Customer or by third parties are excluded from the warranty.

9.1. The Customer is required to inspect the goods delivered by us (or have them inspected) immediately upon delivery. In doing so, the Customer must verify whether the delivered goods comply with the agreement, namely:

• whether the correct goods have been delivered;
• whether the delivered goods correspond to the agreement in terms of quantity/number; and
• whether the delivered goods meet the quality requirements or, in the absence thereof, the requirements set for them in accordance with normal use and/or commercial purposes.

9.2. Minor deviations and differences in quality, color, size, or finish that are customary in the trade or technically unavoidable do not constitute grounds for a complaint.

9.3. If we have shown or provided a model, sample, or example, it is presumed to have been shown or provided for illustrative purposes only; the characteristics of the goods to be delivered may differ from those of the sample, model, or example. Claims or complaints regarding this matter will not be accepted.

9.4. Any shortages or visible defects must—under penalty of forfeiture of the right to complain—be immediately noted on the accompanying documents. Complaints regarding such matters will not be considered if the documents have been signed without further notation.

9.5. Defects that were not outwardly apparent at the time of delivery must be reported to us by the Customer within 3 days after such defects come to light, but no later than 3 months after the goods in question were delivered to the Customer, in the manner specified in Section 9.4.

9.6. Complaints regarding invoiced prices and other complaints about the invoice must be submitted to us in writing within 7 days of the invoice date; failure to do so will result in the Customer’s claims against us in this regard becoming void.

9.7. If the time limits specified in Article 9 are exceeded, the Customer’s right to file a complaint shall lapse.

9.8. The submission of complaints does not suspend the Customer’s obligation to pay. The Customer also remains obligated to accept orders that have been placed.

9.9. The Customer must at all times give us the opportunity to remedy any defect.

9.1. The Customer is required to inspect the goods delivered by us (or have them inspected) immediately upon delivery. In doing so, the Customer must verify whether the delivered goods comply with the agreement, namely:

• whether the correct goods have been delivered;
• whether the quantity of the goods delivered corresponds to the agreement; and
• whether the delivered goods meet the quality requirements or, in the absence thereof, the requirements set for them in accordance with normal use and/or commercial purposes.

9.2. Minor deviations and differences in quality, color, size, or finish that are customary in the trade or technically unavoidable do not constitute grounds for a complaint.

9.3. If we have shown or provided a model, sample, or example, it is presumed to have been shown or provided for illustrative purposes only; the characteristics of the goods to be delivered may differ from those of the sample, model, or example. Claims or complaints regarding this matter will not be accepted.

9.4. Any shortages or visible defects must—under penalty of forfeiture of the right to complain—be immediately noted on the accompanying documents. Complaints regarding such matters will not be considered if the documents have been signed without further notation.

9.5. Defects that were not outwardly apparent at the time of delivery must be reported to us by the Customer within 3 days after such defects come to light, but no later than 3 months after the goods in question were delivered to the Customer, in the manner specified in Section 9.4.

9.6. Complaints regarding invoiced prices and other complaints about the invoice must be submitted to us in writing within 7 days of the invoice date; failure to do so will result in the Customer’s claims against us in this regard becoming void.

9.7. If the time limits specified in Article 9 are exceeded, the Customer’s right to file a complaint shall lapse.

9.8. The submission of complaints does not suspend the Customer’s obligation to pay. The Customer also remains obligated to accept orders that have been placed.

9.9. The Customer must at all times give us the opportunity to remedy any defect.

10.1. Only if the warranty obligations with respect to goods delivered by us have not been assumed by third parties may the Customer assert (warranty) claims against us as referred to in Article 8 of these General Terms and Conditions. In that case, our liability is limited to defects resulting from manufacturing and/or material defects.

10.2. We are liable only for damages resulting from willful misconduct or gross negligence.

10.3. We are never liable for indirect damages, including, in any event, consequential damages, lost profits, lost savings, and damages resulting from business interruption.

10.4. If we are liable for damages incurred, the amount of compensation shall be limited to the amount paid out under our liability insurance in the relevant case.

10.5. If, for any reason, no payment is made under our liability insurance, our liability is limited to an amount equal to twice the invoice value of the transaction, or at least that portion of the transaction to which the liability relates.

10.6. The Customer is obligated to indemnify us against all claims that third parties may assert against us in connection with the performance of the agreement.

10.7. The Customer is liable for all damages resulting from loss, theft, fire, or damage to our goods and materials located at the Customer’s premises, including, in any case, the goods referred to in Articles 11 and 12.

10.8. If the Customer gains access to the ordering system on our website and is assigned a login code by us for that purpose, we shall in no way be liable for any damages suffered by the Customer and/or third parties as a result of the use and/or misuse of that login code. The Customer shall indemnify us against such damages incurred by the Customer and/or third parties.

10.1. Only if the warranty obligations with respect to goods delivered by us have not been assumed by third parties may the Customer assert (warranty) claims against us as referred to in Article 8 of these General Terms and Conditions. In that case, our liability is limited to defects resulting from manufacturing and/or material defects.

10.2. We are liable only for damages resulting from willful misconduct or gross negligence.

10.3. We are never liable for indirect damages, including, in any event, consequential damages, lost profits, lost savings, and damages resulting from business interruption.

10.4. If we are liable for damages incurred, the amount of compensation shall be limited to the amount paid out under our liability insurance in the relevant case.

10.5. If, for any reason, no payment is made under our liability insurance, our liability is limited to an amount equal to twice the invoice value of the transaction, or at least that portion of the transaction to which the liability relates.

10.6. The Customer is obligated to indemnify us against all claims that third parties may assert against us in connection with the performance of the agreement.

10.7. The Customer is liable for all damages resulting from loss, theft, fire, or damage to our goods and materials located at the Customer’s premises, including, in any case, the goods referred to in Articles 11 and 12.

10.8. If the Customer gains access to the ordering system on our website and is assigned a login code by us for that purpose, we shall in no way be liable for any damages suffered by the Customer and/or third parties as a result of the use and/or misuse of that login code. The Customer shall indemnify us against such damages incurred by the Customer and/or third parties.

11.1. The goods delivered by us remain our property until the relevant invoice has been paid. Upon full payment of the invoice, ownership of the delivered goods automatically transfers to the Customer.

11.2. Goods delivered by us that are subject to retention of title pursuant to Section 11.1 may only be used or sold by the Customer in the ordinary course of business. The Customer may not pledge the goods or encumber them in any other way until full payment has been made to us.

11.3. If third parties (threaten to) attach the goods delivered under retention of title or wish to establish or assert rights thereto, the Customer is obligated to notify us immediately.

11.4. The Customer is obligated to adequately insure the goods delivered under retention of title and to maintain such insurance against theft, fire, explosion, and water damage. Upon our request, the Customer shall provide us with proof of this insurance.

11.5. We are entitled at all times to take possession of the goods that are in the Customer’s (or a third party’s) possession but remain our property, as soon as we have reasonable grounds to believe that there is a real possibility the Customer will not fulfill its obligations. The Customer is obligated to indicate to us the location where the goods are situated and hereby grants us permission, in advance, to enter (or have others enter) the relevant premises and buildings to reclaim the goods.

11.1. The goods delivered by us remain our property until the relevant invoice has been paid. Upon full payment of the invoice, ownership of the delivered goods automatically transfers to the Customer.

11.2. Goods delivered by us that are subject to retention of title pursuant to Section 11.1 may only be used or sold by the Customer in the ordinary course of business. The Customer may not pledge the goods or encumber them in any other way until full payment has been made to us.

11.3. If third parties (threaten to) seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Customer is obligated to notify us immediately.

11.4. The Customer is obligated to adequately insure the goods delivered under retention of title and to maintain such insurance against theft, fire, explosion, and water damage. Upon our request, the Customer shall provide us with proof of this insurance.

11.5. We are entitled at all times to take possession of the goods that are in the Customer’s (or a third party’s) possession but remain our property, as soon as we have reasonable grounds to believe that there is a real possibility the Customer will not fulfill its obligations. The Customer is obligated to indicate to us the location where the goods are situated and hereby grants us permission, in advance, to enter (or have someone enter) the relevant premises and buildings to reclaim the goods.

12.1. The rental period begins at the time the rented equipment is shipped to the Customer’s address or another agreed-upon location, or on the day the Customer is contractually required to pick up the equipment. The rental period is always at least three days and ends when we receive the equipment back in good condition, provided that such date is not a Saturday, Sunday, or generally recognized holiday. The rental period is extended by the time it takes us to repair the equipment—following damage sustained during the rental period—to a condition in which it can be re-rented, without prejudice to our right to compensation for any other damages.

12.2. In the event of late payment, we are entitled, among other things, to reclaim all equipment rented to the Customer and to deploy it elsewhere, for which the Customer must enable us to do so.

12.3. The equipment may only be used at the location specified in the contract and may not be made available to third parties for use in any manner whatsoever.

12.4. The Customer is liable for all damages resulting from loss, theft, fire, or damage to our property and materials that have been provided to the Customer on loan, under a lease (with option to purchase), or on consignment.

12.5. The Customer is obligated to adequately insure and maintain insurance coverage for all materials and equipment provided on loan, under a lease (with option to purchase), or on consignment against theft, fire, explosion, and water damage. Upon our request, the Customer shall provide us with proof of such insurance.

12.1. The rental period begins at the time the rented equipment is shipped to the Customer’s address or another agreed-upon location, or on the day the Customer is contractually required to pick up the equipment. The rental period is always at least three days and ends when we receive the equipment back in good condition, provided that such date is not a Saturday, Sunday, or generally recognized holiday. The rental period is extended by the time it takes us to repair the equipment—following damage sustained during the rental period—to a condition suitable for re-rental, without prejudice to our right to compensation for any other damages.

12.2. In the event of late payment, we are entitled, among other things, to reclaim all equipment rented to the Customer and to deploy it elsewhere, for which the Customer must enable us to do so.

12.3. The equipment may only be used at the location specified in the contract and may not be made available to third parties for use in any manner whatsoever.

12.4. The Customer is liable for all damages resulting from loss, theft, fire, or damage to our property and materials that have been provided to the Customer on loan, under a lease (with option to purchase), or on consignment.

12.5. The Customer is obligated to adequately insure and maintain insurance coverage for all materials and equipment provided on loan, under a lease (with option to purchase), or on consignment against theft, fire, explosion, and water damage. Upon our request, the Customer shall provide us with proof of this insurance.

13.1. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing or a different payment term is specified on our invoice. The Customer shall make payment without any deductions, discounts, or set-offs to a bank account designated by us.

13.2. If payment is not made, or is not made in full, within the agreed-upon term, the Customer shall immediately be in default without the need for a further notice of default. We shall then be entitled to charge the Customer interest at the statutory rate plus 1% per month, or part thereof, on the principal amount from the due date of the invoice until the date on which the amount due has been paid in full.

13.3. If the payment term is exceeded, we have the right to suspend performance of our agreements with the Customer until all outstanding invoices have been paid to us by the Customer. We also have the right to require cash payment or cash-on-delivery for subsequent deliveries.

13.4. All reasonable judicial and extrajudicial costs incurred by us as a result of the Customer’s failure to perform shall be borne by the Customer. Extrajudicial costs are set at 15% of the principal amount, with a minimum of 250 euros, without prejudice to our right to charge for any further reasonable costs.

13.5. Payments shall first be applied toward the costs referred to in Article 13.4, then toward the accrued interest (Article 13.2), and finally toward the principal amount of the invoice that has been outstanding the longest.

13.6. In the event of the Customer’s bankruptcy, suspension of payments, or liquidation, our claims against the Customer shall become immediately due and payable.

13.1. Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing or a different payment term is specified on our invoice. The Customer shall make payment without any deductions, discounts, or set-offs to a bank account designated by us.

13.2. If payment is not made, or is not made in full, within the agreed-upon term, the Customer shall immediately be in default without the need for a further notice of default. We shall then be entitled to charge the Customer interest at the statutory rate plus 1% per month, or part thereof, on the principal amount from the due date of the invoice until the date on which the amount due has been paid in full.

13.3. If the payment term is exceeded, we have the right to suspend performance of our agreements with the Customer until all outstanding invoices have been paid to us by the Customer. We also have the right to require cash payment or cash-on-delivery for subsequent deliveries.

13.4. All reasonable judicial and extrajudicial costs incurred by us as a result of the Customer’s failure to perform shall be borne by the Customer. Extrajudicial costs are set at 15% of the principal amount, with a minimum of 250 euros, without prejudice to our right to charge for any further reasonable costs.

13.5. Payments shall first be applied toward the costs referred to in Article 13.4, then toward the accrued interest (Article 13.2), and finally toward the principal amount of the invoice that has been outstanding the longest.

13.6. In the event of the Customer’s bankruptcy, suspension of payments, or liquidation, our claims against the Customer shall become immediately due and payable.

14.1. “Force majeure” means any circumstance beyond our control that is of such a nature that it is impossible for us to comply with the agreement or that compliance cannot reasonably be expected of us.

14.2. During a force majeure event, our delivery and other obligations are suspended. If the force majeure event lasts longer than 2 months, both we and the Customer have the right to terminate the agreement without any obligation to pay damages in such a case.

14.3. If, at the time the force majeure event occurs, we have already partially fulfilled our obligation or are able to do so, we have the right to invoice separately for goods already delivered or deliverable, and the Customer is obligated to pay this invoice.

14.1. “Force majeure” means any circumstance beyond our control that is of such a nature that it is impossible for us to comply with the agreement or that compliance cannot reasonably be expected of us.

14.2. During a force majeure event, our delivery and other obligations are suspended. If the force majeure event lasts longer than 2 months, both we and the Customer have the right to terminate the agreement without any obligation to pay damages in such a case.

14.3. If, at the time the force majeure event occurs, we have already partially fulfilled our obligation or are able to do so, we have the right to invoice separately for goods already delivered or ready for delivery, and the Customer is obligated to pay this invoice.

15.1. The agreement may be terminated in whole or in part by a written notice from the party entitled to do so. Termination is only possible if the other party has first been given written notice of default and has been granted a reasonable period of time to still fulfill its obligations or remedy any shortcomings, and the other party remains in default.

15.2. In addition to the provisions of Section 15.1, all of our agreements with the Customer shall be terminated by operation of law in the event of a stay of payments, bankruptcy, cessation of operations, or liquidation of the Customer (or its business).

15.1. The agreement may be terminated in whole or in part by a written notice from the party entitled to do so. Termination is only possible if the other party has first been given written notice of default and has been granted a reasonable period of time to still fulfill its obligations or remedy any shortcomings, and the other party remains in default.

15.2. In addition to the provisions of Section 15.1, all of our agreements with the Customer shall be terminated by operation of law in the event of a stay of payments, bankruptcy, cessation of operations, or liquidation of the Customer (or its business).

16.1. All orders, agreements, and legal acts between us and the Client are governed by Dutch law.

16.2. We will first attempt to resolve any disputes with the Client amicably (through consultation).

16.3. If we are unable to resolve a dispute amicably within a reasonable period of time, the dispute will, at the request of the party with the strongest case, be settled by the court in the judicial district where we are located.

16.1. All orders, agreements, and legal acts between us and the Client are governed by Dutch law.

16.2. We will first attempt to resolve any disputes with the Client amicably (through consultation).

16.3. If we are unable to resolve a dispute amicably within a reasonable period of time, the dispute will, at the request of the party with the greatest interest, be settled by the court in the judicial district where we are located.

17.1. If one or more provisions of these General Terms and Conditions are or become invalid or void, this shall not affect the validity of the remaining provisions. In the event that a provision is invalid, we and the Customer shall be bound by a provision that is as similar in meaning as possible and that is not subject to invalidation.

17.2. If, as a matter of goodwill or for other reasons, we do not initially invoke any applicable provision of these General Terms and Conditions against the Customer, this does not constitute a waiver of our right to invoke the relevant provision and all other applicable provisions of these General Terms and Conditions at a later stage.

17.1. If one or more provisions of these General Terms and Conditions are or become invalid or void, this shall not affect the validity of the remaining provisions. In the event that a provision is invalid, we and the Customer shall be bound by a provision that is as similar in meaning as possible and that is not subject to invalidation.

17.2. If, as a matter of goodwill or for other reasons, we do not initially invoke any applicable provision of these General Terms and Conditions against the Customer, this does not constitute a waiver of our right to invoke the relevant provision and all other applicable provisions of these General Terms and Conditions at a later stage.

18.1 These general terms and conditions have been filed with the Chamber of Commerce in Middelburg under number 21013426.

18.1 These general terms and conditions have been filed with the Chamber of Commerce in Middelburg under number 21013426.

All Safety always handles business and personal data with care. Our processes and procedures are aligned with the requirements of the GDPR. In the event of any changes, we take into account the protection of privacy-sensitive information and process only the data necessary for the specific purpose.

All Safety collects personal data, such as name and address details and size information, to ensure accurate fulfillment of the items ordered by the customer. Without this information, we cannot order and deliver appropriate clothing, footwear, or PPE. We do this based on the purchase agreement that you or your employer enters into with us. Personal data is processed in a proper and careful manner, in accordance with privacy laws.

All Safety is entitled to engage subprocessors in the processing of personal data, provided that we have ensured that the subprocessors assume at least the same obligations as those imposed on us under this addendum. We remain the point of contact for the customer in this relationship. We do not share your data with our suppliers.

All Safety implements appropriate technical and organizational measures to protect personal data against loss and against any form of unlawful processing. These measures guarantee, taking into account the state of the art and the costs of implementation, an appropriate level of security in light of the risks associated with the processing and the nature, scope, and context of the personal data to be protected.

To provide you with good service for repeat orders, we retain this data for as long as you or your employer remains a customer of ours. You have the right to access, correct, and delete your data. You may withdraw your consent to the retention of this data at any time. Any data breach will be recorded and reported if necessary. You have the right to file a complaint with the Dutch Data Protection Authority.

All Safety always handles business and personal data with care. Our processes and procedures are aligned with the requirements of the GDPR. In the event of any changes, we take into account the protection of privacy-sensitive information and process only the data necessary for the specific purpose.

All Safety collects personal data, such as name and address details and size information, to ensure accurate fulfillment of the items ordered by the customer. Without this information, we cannot order and deliver appropriate clothing, footwear, or PPE. We do this based on the purchase agreement that you or your employer enters into with us. Personal data is processed in a proper and careful manner, in accordance with privacy laws.

All Safety is entitled to engage subprocessors in the processing of personal data, provided that we have ensured that the subprocessors assume at least the same obligations as those imposed on us under this addendum. We remain the point of contact for the customer in this relationship. We do not share your data with our suppliers.

All Safety implements appropriate technical and organizational measures to protect personal data against loss and against any form of unlawful processing. These measures guarantee, taking into account the state of the art and the costs of implementation, an appropriate level of security in light of the risks associated with the processing and the nature, scope, and context of the personal data to be protected.

To provide you with good service for repeat orders, we retain this data for as long as you or your employer remains a customer of ours. You have the right to access, correct, and delete your data. You may withdraw your consent to the retention of this data at any time. Any data breach will be recorded and reported if necessary. You have the right to file a complaint with the Dutch Data Protection Authority.