Article 1. Relevance of terms of delivery
1.1 These terms of delivery apply to all sellings and deliveries, both services and goods, by M5 Recumbents, here after called "Seller". The opposite party of Seller is named "Buyer".
1.2 On transactions on which these general terms apply, are no other general terms valid; any general conditions of Buyer are explicitly declined.
Article 2. Selling and delivery of goods
2.1 All goods, selled by Seller, keep in possesion of Seller, until the full amount is payed by Buyer.
2.2 Risk of loss, destruction and/or damage of/to sold goods and/or goods which are delivered are transfered to Buyer on the moment that the goods leave the company of the Seller.
Article 3. Services
3.1 On performing services Seller can hold back all goods, who belong to Buyer, until the full amount due is payed by Buyer.
3.2 Risk of loss, destruction and/or damage of/to goods which are given to Seller to work on, are fully for the buyer.
Article 4. Payment
4.1 Payment occurs cash at delivery, except if otherwise is agreed.
4.2 Is payment not forthcoming, then Buyer forfeits an immediately claimed penalty of 5% of the monthly indebted amount, undimished the right of Seller to compensation.
Article 5. Imperfections
5.1 Buyer is bound to inform Seller by means of letter any imperfections, within 14 days after delivery, this on penalty of decline of right of appeal on imperfections that could be discovered by punctual inspection. Especially Buyer must control and service the frontforks.
5.2 By the examination established imperfections and only the imperfections in the delivered goods, which could not be stated with the inspection, but within 6 months after delivery still are detected, and after discovery immediately are stated by letter to Seller, will be as far as can been proven as failing of Seller, repaired and/or changed by Seller, without cost, by judgement of Seller. This by choice of Seller.
5.3 Imperfections in deliveries give no ground for dissolution of the contract, unless it concerns imperfections as mentioned in the last two articles and Seller not succeeds after several attempts to remove the imperfections in an acceptable way. Then Buyer has the power to cancel, if and as far as upkeeping this contract reasonably can no longer be required from Buyer.
Article 6. Responsibility
6.1 For damage concerning deliveries and/or services by or from Seller to Buyer
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