1. TPE: Transmission Products Europe B.V., established in Utrecht under
Chamber of Commerce number 30110299 0000.
2. Client: the person with whom TPE has entered into an agreement.
3. Parties: TPE and the Client together.
4. Consumer: a Client who is also an individual and who acts as a private person.
1. These Terms and Conditions apply to all offers, quotations, activities, orders, agreements and deliveries of services or products by or on behalf of TPE.
2. The Parties can only deviate from these Terms and Conditions if they have agreed upon this explicitly and in writing.
3. The Parties explicitly exclude the applicability of supplementary and/or deviating general terms and conditions of the Client and of third parties.
1. TPE’s offers and quotations are without obligation unless explicitly stated otherwise.
2. Any offer or quotation will be valid for a maximum period of 1 month, unless a different acceptance period is stated in the offer or quotation.
3. If the Client does not accept an offer or quotation within the applicable time period, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat orders, unless the Parties have expressly agreed to this in writing.
1. When accepting an offer or a quotation without any obligation, TPE has the right to withdraw the offer or the quotation within 3 days after receiving the acceptance, without the Client being able to derive any rights from this.
2. Verbal acceptance of the Client will only be binding on TPE after the Client has confirmed this in writing (or electronically).
1. All prices used by TPE are in Euros, exclusive of VAT and exclusive of possible other costs such as administration costs, levies, travel, shipment and transport costs, unless explicitly mentioned or agreed upon otherwise.
2. TPE can alter all prices used for its products or services at any time, on its website or which have been made known in any other way.
3. Increases in the cost prices of products or parts thereof, which could not be foreseen by TPE at the time the offer was made or the agreement was concluded, can lead to price increases.
4. The Consumer has the right to cancel the agreement as a result of a price increase as mentioned in paragraph 3, unless the increase is the result of a legal regulation.
If the Client has received a sample or model of a product, they may not derive any rights from it other than that it is an indication of the nature of the product, unless the Parties have expressly agreed that the products to be delivered will correspond to the sample or model.
1. If the Client does not pay within the agreed upon time, TPE has the right to charge the legal interest of 2% per month for non-business transactions and the legal interest of 8% per month for business transactions from the day the Client is in default, whereby a part of a month will be considered a whole month.
2. When the Client is in default, they owe TPE extrajudicial collection costs and possible damages.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. When the Client does not pay in time, TPE has the right to postpone its obligations until the Client has fulfilled their payment obligation.
5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the Client, TPE's claims against the Client are immediately due and payable.
6. If the Client refuses to cooperate with the execution of the agreement by TPE, they are still obliged to pay the agreed price to TPE.
1. As soon as the Client is in default, TPE has the right to invoke the right of recovery with regard to the unpaid goods delivered to the Client.
2. TPE will invoke the right of recovery by means of a written or electronic communication.
3. As soon as the Client has been informed about the invoked right of recovery, the Client has to immediately return the products to which this right applies to TPE, unless the Parties made other agreements about this.
4. The costs for returning or bringing back the products are for the account of the Client.
1. A Consumer can terminate an online purchase during a withdrawal period of 14 days without giving reasons, provided that:
• the product has not been used
• it is not a customised product;
• the seal is still intact,
• the Consumer has not waived their right of withdrawal.
2. The withdrawal period of 14 days as mentioned in paragraph 1 starts on the day after the Consumer has received the last product or part of 1 order.
3. The Consumer can invoke the right of withdrawal via info@tpebv.nl.
4. The Consumer is obliged to return the product to TPE within 14 days after notifying TPE of their right of withdrawal, in default of which the right of withdrawal expires.
If the Consumer has exercised their right of withdrawal in time, the Consumer must ensure that the entire order is returned in time. The shipping costs are to be paid by the Consumer.
Unless the Client is a Consumer, the Client waives their right to suspend the fulfilment of any obligation arising from this agreement.
1. TPE can invoke its right of retention and in this case retain the products of the Client until the Client has paid all outstanding invoices to TPE, unless the Client has given sufficient security for these costs.
2. The right of retention also applies on the basis of previous agreements from which the Client still owes TPE payments.
3. TPE is never liable for any damage the Client might suffer as a result of the use of its right of retention.
Unless the Client is a Consumer, the Client waives their right to set off a debt to TPE against a claim against TPE.
1. TPE remains the owner of all delivered goods until the Client has completely fulfilled their payment obligations towards TPE on the basis of whatever agreement entered into with TPE, including claims regarding non-compliance.
2. Until that time, TPE can invoke its retention of title and take back the goods.
3. Before ownership has been transferred to the Client, the Client is not allowed to pledge, sell, alienate or otherwise encumber the products.
4. When TPE invokes its retention of title, the agreement will be considered dissolved and TPE will have the right to claim damages, loss of profit and interest.
1. Delivery will be made as long as stocks last.
2. Delivery is made at TPE, unless the Parties have agreed upon otherwise.
3. Delivery of products ordered online will be made at the address indicated by the Client.
4. If the amounts agreed upon are not paid or not paid in time, TPE has the right to postpone its obligations until the agreed part is paid.
5. When payment is too late, the Client is in default and cannot blame TPE for a delayed delivery.
1. The delivery times given by TPE are indicative and when exceeded, they do not give the Client the right to dissolution or compensation, unless the Parties explicitly agreed otherwise in writing.
2. The delivery time will start after the quotation has been signed for approval by the Client or has been confirmed to the Client by TPE in writing or electronically.
3. Exceeding the delivery time does not give the Client the right to claim damages or the right to dissolve the agreement, unless TPE is not able to deliver within 14 days after having been reminded in writing to do so or unless the Parties have made other agreements.
The Client must ensure that the actual delivery of the products ordered by them can take place in time.
Transport costs will be paid by the Client, unless the Parties have agreed otherwise.
1. When the packaging of a delivered product has been opened or damaged, the Client has to report this to the forwarder or delivery person before receiving the product.
2. When the Client is responsible for the transport of the product, they have to report possible visible damage to the product or the packaging to TPE before the transport, in default of which TPE will not be held responsible for possible damage.
1. If the Client collects ordered products later than the agreed delivery date, the risk of a possible loss of quality is entirely at the Client’s expense.
2. Any additional costs resulting from the premature or late collection of products will be borne entirely by the Client.
1. If the Client collects ordered products later than the agreed delivery date, the risk of a possible loss of quality is entirely at the Client’s expense.
2. Any additional costs resulting from the premature or late collection of products will be borne entirely by the Client.
Although TPE makes an effort to execute all assembly and/or installation work as well as possible, it does not bear any responsibility except in the case of deliberate act or gross negligence.
1. The warranty on products applies exclusively to defects caused by faulty workmanship, construction or materials.
2. The warranty does not apply to cases of normal wear and tear, and in the case of damage caused by accidents, modifications made to the product, negligence or improper use by the Client, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the Parties is transferred to the Client at the moment that they are legally and/or actually delivered, or at least become under the control of the Client or a third party who takes delivery of the product on behalf of the Client.
The Client indemnifies TPE against all claims of third parties regarding the products and/or services delivered by TPE.
1. The Client has to check a product or service delivered by TPE as soon as possible for possible deficiencies.
2. If a product delivered or service rendered does not comply with what the Client could reasonably expect from the agreement, the Client has to inform TPE as soon as possible, but at least within 1 month after the discovery of the deficiencies.
3. Consumers have to inform TPE at the latest within 2 months after observation of the deficiencies.
4. The Client will give as detailed as possible a description of the deficiency, so that TPE is able to respond adequately.
5. The Client has to prove that the complaint concerns an agreement between the Parties.
6. When a complaint involves ongoing work, this cannot lead to TPE being obliged to perform other work than agreed upon.
1. The Client has to give notice of default in writing to TPE.
2. It is the Client’s responsibility to make sure that the notice of default actually reaches TPE (in time).
When TPE enters into an agreement with several Clients, each of them is jointly and severally liable for the entire amounts they owe TPE on the basis of this agreement.
1. TPE is only liable for any damage the Client suffers if and as far as this damage was caused by deliberate or conscious recklessness.
2. If TPE is liable for any damage, it is only liable for direct damage which results from or is related to the execution of an agreement.
3. TPE is never liable for indirect damage, like consequential damage, lost profit, lost savings or damage to third parties.
4. If TPE is liable, this liability is limited to the amount paid out by a (professional) liability insurance taken out and in case the insurance company does not pay out (completely) the amount of the damages, the liability is limited to the (part of the) invoice amount to which the liability applies.
5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and only apply approximately and cannot be a reason for compensation of damage and/or (partial) dissolution of the agreement and/or suspension of any obligation.
All rights of the Client to claim damages from TPE expire at the latest 12 months after the event from which the liability originated directly or indirectly. This does not exclude the provisions in Section 6:89 of the Dutch Civil Code.
1. The Client has the right to dissolve the agreement when TPE imputably fails in the fulfilment of its obligations, unless this failure does not justify the dissolution of the agreement due to its special nature or minor importance.
2. When fulfilment of the obligations by TPE is not possible, either permanently or temporarily, then the dissolution can only take place after TPE is in default.
3. TPE has the right to dissolve the agreement with the Client, if the Client does not fully or timely fulfil their obligations, or if TPE has received information about situations that give TPE good reason to fear that the Client will not be able to fulfil their obligations properly.
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure of TPE in the execution of any obligation towards the Client cannot be attributed to TPE if it is due to a situation independent of TPE’s will, which hampers the execution of its obligations towards the Client completely or partially or due to which the execution of its obligations cannot reasonably be expected from TPE.
2. The force majeure situation as referred to in paragraph 1 also includes - but is not limited to - a state of emergency (such as civil war, insurrection, riots, pandemics, natural disasters, etc.); failures and force majeure on the part of suppliers, distributors or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses; strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
3. If a force majeure situation occurs which prevents TPE from fulfilling one or more obligations towards the Client, these obligations will be postponed until TPE is able to fulfil them again.
4. If a situation of force majeure has lasted for at least 30 calendar days, either Party may dissolve the agreement in writing, in whole or in part.
5. In a situation of force majeure, TPE is not obliged to pay any compensation, not even if it benefits from some advantage due to the force majeure situation.
If, after the agreement has been concluded, it proves necessary for its implementation to amend or supplement the content, the Parties will amend the agreement accordingly in good time and in mutual consultation.
1. TPE has the right to amend or supplement these General Terms and Conditions.
2. Amendments of minor importance can be made at all times.
3. TPE will discuss major amendments with the Client as much as possible beforehand.
4. Consumers have the right to cancel the agreement in case of a substantial change in the General Terms and Conditions.
1. The Client's rights resulting from an agreement between the Parties cannot be transferred to third parties without TPE's prior written consent.
2. This stipulation is valid as a clause with effect of property law as referred to in Section 3:83 (2) of the Dutch Civil Code.
1. If one or more provisions of these General Terms and Conditions prove to be null or voidable, this will not affect the other provisions of these General Terms and Conditions.
2. A provision which is null and void or voidable will in that case be replaced by a provision which comes closest to what TPE had in mind when drawing up the General Terms and Conditions.
1. Any agreement between the Parties is governed exclusively by Dutch law.
2. The Dutch court in the district where TPE has its registered office is exclusively authorised to take cognisance of possible disputes between the Parties, unless the law prescribes otherwise.
Curious about us? Just visit us at our office & warehouse.
Arkansasdreef 30A
3565 AR Utrecht
The Netherlands
Opening Times:
Monday - Friday 08:30 - 17:00
During lunch we are closed 12:30 - 13:15