{"id":1055,"date":"2023-08-10T09:02:12","date_gmt":"2023-08-10T09:02:12","guid":{"rendered":"https:\/\/dutchpacks.com\/?page_id=1055"},"modified":"2026-06-16T06:51:31","modified_gmt":"2026-06-16T06:51:31","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/dutchpacks.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\n
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\n\t<\/span>\n\tDutchpacks B.V. sites<\/span><\/a><\/span> > Dutchpack B.V. – en<\/span><\/a><\/span><\/div>\n\n\n\n

Terms and conditions of
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GENERAL TERMS AND CONDITIONS \u2013 DUTCHPACKS B.V.
Version: 01\u201101\u20112026<\/strong>

Company Information:

<\/strong>Dutchpacks B.V.
Hoge Bergen 17
4704 RH Roosendaal
The Netherlands
CoC\u2011number: 60729503
VAT\u2011number: NL854035497B01
E-mail: info@dutchpacks.com
Phone: +31 (0)165 397 397

Article 1 \u2013 Definitions<\/strong>
1.1 In these terms and conditions, the following terms shall have the following meanings:
a) Dutchpacks: Dutchpacks B.V., with its registered office in Roosendaal.
b) Customer: any natural or legal person who enters into an agreement with Dutchpacks.
c) Machine: all technical installations, parts, software, documentation, and services supplied by Dutchpacks.
d) Agreement: any agreement between Dutchpacks and the Customer regarding the delivery of Machines and\/or services.
e) FAT: Factory Acceptance Test conducted at Dutchpacks.
f) SAT: Site Acceptance Test conducted at the Customer\u2019s premises.
g) In writing: communication by letter or email.
h) Force majeure: circumstances as described in Article 15.

Article 2 \u2013 Applicability

<\/strong>2.1 These general terms and conditions apply to all offers, agreements and deliveries by Dutchpacks.
2.2 Any deviations are only valid if agreed in writing.
2.3 The Customer\u2019s general terms and conditions are expressly rejected.
2.4 Dutchpacks is entitled to amend these general terms and conditions. The most recent version, as published on www.dutchpacks.com, shall apply to the agreement at all times, unless otherwise agreed in writing. The Customer is deemed to have accepted the most recent version upon placing an order or entering into an agreement.
2.5 The Dutch-language version of these terms and conditions shall prevail over any translations.

Article 3 \u2013 Quotations and conclusion of the contract<\/strong>

3.1 All offers issued by Dutchpacks are non-binding, unless explicitly stated otherwise in writing.
3.2 Quotations are valid for 30 days, unless stated otherwise.
3.3 Obvious errors, calculation mistakes, typographical errors, or other inaccuracies in quotations are not binding on Dutchpacks.
3.4 An agreement is concluded upon written confirmation by Dutchpacks or by the actual execution of the delivery..<\/strong>

Article 4 \u2013 Prices<\/strong>

4.1 All prices are exclusive of VAT, import duties, transport, and insurance costs, unless stated otherwise.
4.2 Prices are based on Incoterm EXW (Ex Works), unless agreed otherwise in writing.
4.3 Dutchpacks reserves the right to adjust prices in the event of changes in raw material costs, wages, energy prices, or other cost factors.
4.4 Price adjustments resulting from exchange rate fluctuations may also be charged.

Article 5 \u2013 Delivery<\/strong>

5.1 Delivery shall be made Ex Works (EXW), unless agreed otherwise in writing.
5.2 Delivery times are indicative and shall not be considered binding deadlines.
5.3 The risk of loss or damage transfers to the Customer at the moment of delivery.
5.4 The Customer is responsible for all export documentation and customs formalities, unless agreed otherwise in writing.

Article 6 \u2013 Transport and Insurance<\/strong>

6.1 Transport and insurance of the Machines shall be at the Customer\u2019s expense and risk.
6.2 Dutchpacks shall not be liable for any damage occurring during transport.
6.3 Dutchpacks shall not be liable for delays caused by carriers or logistics service providers.

Article 7 \u2013 Installation and Training<\/strong>

7.1 Installation of the Machines shall be carried out exclusively by Dutchpacks or by third parties designated by Dutchpacks.
7.2 Training of the Customer\u2019s personnel may be agreed separately and will be invoiced accordingly.
7.3 The Customer remains responsible for the proper use of the Machine and for the supervision of personnel operating it.
7.4 The Customer is responsible for all required utilities, lifting equipment, site access, safety measures, personnel, and site preparation.
7.5 Waiting time, delays, or lack of proper site preparation shall be charged in full to the Customer.
7.6 Travel and accommodation costs shall at all times be borne by the Customer.

Article 8 \u2013 Retention of Title<\/strong>

8.1 All delivered Machines shall remain the property of Dutchpacks until the Customer has fully fulfilled all its obligations.
8.2 The Customer is not entitled to sell, pledge, or otherwise encumber the Machines as long as ownership has not been transferred.
8.3 Assignment of rights or obligations by the Customer requires prior written consent from Dutchpacks.
8.4 Dutchpacks is entitled to enter the Customer\u2019s premises to reclaim the Machines as long as ownership has not been transferred.

Article 9 \u2013 Inspection and Acceptance<\/strong>
9.1 The Customer shall inspect the Machine upon delivery and report any defects in writing within 24 hours.
9.2 If no such notification is made, the Machine shall be deemed to have been delivered in accordance with the agreement.
9.3 Hidden defects must be reported in writing within 7 days after discovery.

Article 10 \u2013 Payment Terms<\/strong>
10.1 Payment shall be made in accordance with the agreed schedule.
10.2 In the event of late payment, the Customer shall be in default by operation of law and statutory interest shall be due.

Article 11 \u2013 Payment<\/strong>

11.1 Payment shall be made within 15 days from the invoice date, unless agreed otherwise.
11.2 Payment shall be made without any discount, suspension, or set-off.
11.3 Payment schedule:
a) 40% upon order confirmation;
b) 60% after successful FAT, but prior to shipment.
11.4 The Customer shall provide written confirmation of approval following the FAT.
11.5 If the Customer fails to respond within 10 days after being invited for the FAT, the FAT shall be deemed automatically approved.
11.6 SAT shall never be a condition for payment.
11.7 All other provisions regarding interest, collection costs, suspension, and immediate enforceability shall remain applicable as agreed.

Article 12 \u2013 Transfer of Risk<\/strong>

12.1 The risk of loss or damage shall transfer to the Customer at the moment of delivery.
12.2 If the Customer delays delivery, the risk shall transfer as soon as the Machine is ready for shipment.

Article 13 \u2013 Liability<\/strong>

13.1 The liability of Dutchpacks and\/or Dutchpacksservices are limited to the performance of its contractual obligations.
13.2 Only direct damages shall be eligible for compensation.
13.3 Indirect or consequential damages are excluded.
13.4 Maximum liability shall be limited to the insurance payout plus the deductible, with an absolute maximum of 25% of the invoice value.
13.5 Dutchpacks shall not be liable for damage resulting from:
\u2013 improper use
\u2013 inadequate maintenance
\u2013 errors in advice, drawings, or documentation
\u2013 damage occurring during the Customer\u2019s production process
\u2013 incorrect settings, raw materials, or personnel
\u2013 use of materials supplied by the Customer
\u2013 repairs carried out by third parties
\u2013 software errors or malfunctions, unless caused by wilful misconduct or gross negligence
13.6 Advisory services shall always be considered obligations of best effort.
13.7 Any claim shall expire after 12 months.
13.8 The Customer shall indemnify Dutchpacks against any claims from third parties

Article 14 \u2013 Warranty<\/strong>

14.1 Warranty period: 12 months from delivery.
14.2 The warranty is limited to the repair or replacement of defective parts; travel, accommodation, and labor costs shall be charged to the Customer.
14.3 The warranty does not cover: wear and tear, consumables, improper use, inadequate maintenance, modifications by third parties, or non-original parts.
14.4 Warranty claims must be reported within 14 days.
14.5 Serial numbers must not be removed or altered.
14.6 The warranty shall be void if repairs are carried out by third parties.
14.7 The warranty is not transferable without prior consent.
14.8 Shipping costs for parts shall be borne by the Customer.
14.9 The warranty does not apply in case of use outside specifications or with unsuitable materials.

Article 15 \u2013 Force Majeure<\/strong>

15.1 Dutchpacks shall not be obliged to fulfil its obligations if it is prevented from doing so due to circumstances not attributable to its fault.
15.2 Force majeure shall include, but is not limited to: natural disasters, war, threat of war, terrorism, pandemics, epidemics, fire, flooding, strikes, industrial actions, occupation of premises, transport disruptions, shortages of raw materials, energy crises, failures in communication networks, government measures, export or import restrictions, and any other circumstances beyond the control of Dutchpacks.
15.3 During a force majeure event, obligations shall be suspended. If the force majeure situation continues for more than three months after the agreed delivery date, the Customer may terminate the agreement in writing for the unperformed part, without any right to compensation.
15.4 If, at the time the force majeure event occurs, Dutchpacks has already partially fulfilled its obligations or is still able to fulfil them in part, Dutchpacks shall be entitled to invoice this part separately, and the Customer shall be obliged to pay such invoice.
15.5 All additional costs arising from a force majeure situation, including transport, storage, and insurance, shall be borne entirely by the Customer.
15.6 Dutchpacks shall inform the Customer in writing as soon as reasonably possible of any force majeure situation.
15.7 Dutchpacks shall not be liable for any damages, penalties, or contractual liquidated damages arising from or related to a force majeure event.
15.8 The agreed delivery times shall be automatically extended by the duration of the force majeure event.
15.9 Dutchpacks shall not be liable for delays or failures caused by suppliers, carriers, or other third parties affected by force majeure.
15.10 Upon cessation of the force majeure situation, Dutchpacks shall be entitled to resume
deliveries in an order determined at its sole discretion.

Article 16 \u2013 Confidentiality<\/strong>

16.1 The Customer undertakes to maintain strict confidentiality regarding all confidential information of Dutchpacks, including but not limited to technical data, drawings, designs, software, manuals, quotations, price lists, know-how, and business information.
16.2 Confidential information may only be used for the purpose for which it was provided and may not be disclosed to third parties without prior written consent.
16.3 The obligation of confidentiality shall apply both during and after termination of the agreement.
16.4 In the event of a breach, the Customer shall incur a penalty of \u20ac25,000 per violation, plus \u20ac1,000 for each day the violation continues, without prejudice to Dutchpacks\u2019 right to claim full compensation.
16.5 Upon request, the Customer shall immediately return or destroy all confidential information.
16.6 The confidentiality obligation shall not apply to information that is already publicly available, lawfully obtained from third parties, or independently developed.
16.7 In the event of a breach, Dutchpacks shall be entitled to terminate the agreement with immediate effect and reclaim the Machines.
16.8 Digital data and software logs shall also be considered confidential information and may not be copied or distributed.

Article 17 \u2013 Governing Law and Disputes<\/strong>

17.1 All agreements shall be governed exclusively by Dutch law.
17.2 Any disputes shall be submitted to the competent court in the district where Dutchpacks has its registered office.
17.3 If the parties agree in writing to resolve disputes by arbitration, such arbitration shall be conducted in accordance with the rules of the International Chamber of Commerce (ICC) or the Netherlands Arbitration Institute (NAI). The place of arbitration shall be the Netherlands, unless agreed otherwise. The arbitration proceedings shall be conducted in the Dutch language.
17.4 The parties shall endeavour to resolve disputes amicably or through mediation before submitting them to a court or arbitral tribunal. If mediation does not result in a solution within a reasonable period, either party shall be entitled to submit the dispute to the court or arbitrator.
17.5 The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded











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