7 Delivery
7.1 A delivery date given by Pim Casteelen bv is based on the conditions which are valid for Pim Casteelen bv at the time
the contract is concluded and, insofar as this is dependent on the performances of third parties, on the data provided to Pim Casteelen bv by those third parties. This delivery date shall be taken into account by Pim Casteelen bv as far as possible. Delivery dates given shall, however, never be considered to be cut-off periods, unless expressly agreed otherwise in writing.
7.2 If no delivery date is agreed upon/stated, a period of six weeks after order confirmation applies. In the case of overrun of the delivery date, the buyer exclusively has the right to, by registered letter, point out this overrun to us, and should provide us with a final delivery period of at least 10 working days, which begins with receipt of the relevant notice.
7.3 In the case of overrun of the delivery date, the buyer has no right to any compensation for this. In that case, the buyer does not have the right to dissolve the agreement either, unless the overrun of the delivery date is such that the buyer cannot reasonably be required to maintain it. In that case, the buyer has the right to dissolve the agreement insofar as this is reasonable and necessary.
7.4 If Pim Casteelen bv needs data or tools for the implementation of the agreement, which must be provided by the buyer, the delivery date can never be earlier than the date on which all required data or tools are in Pim Casteelen bv's possession.
7.5 Pim Casteelen bv has at all times the right to deliver in parts.
7.6 Unless otherwise agreed, orders are delivered on Pim Casteelen bv's account but at the buyer’s risk by the most economical means to be determined by Pim Casteelen bv. If the buyer wishes for another manner of delivery than that which is usual for Pim Casteelen bv, any costs deriving from this shall be charged to it.
7.7 When the products have not been taken by the buyer after the expiration of the delivery date, they are stored at its disposal, on its account and risk. After a period of four weeks Pim Casteelen bv
has the right to (private) sale of these products. Any lesser yield and the costs are charged
to the buyer, without prejudice to all other rights of Pimcasteelen bv.
7.8 The buyer is obligated to inspect the delivered items and/or the packaging immediately upon delivery for any deficiencies or damage, or to carry out this inspection after notification by Pim Casteelen bv that the products are at the disposal of the buyer. Herewith the buyer should check whether the delivered items fulfil the contract, namely: a. whether the right items were delivered; b. whether the delivered items correspond as regards quantity to what is in the contract (e.g. amount and number); c. whether the delivered items fulfil the agreed quality requirements or, if these are absent, whether they fulfil the requirements that may be set for normal use and/or trading purposes.
7.9 Any deficiencies or damages of the delivered items and/or the packaging which are present at the delivery/instalment, must be stated or caused to be stated by the other party on the delivery note, the invoice and/or the transport documents, failing which the buyer is considered to have approved what is delivered. After this, complaints concerning them are no longer dealt with. The buyer must report defects or deficiencies not visible at delivery in writing or by e-mail to Pim Casteelen bv within 3 days after delivery.
7.10 Even when the buyer lodges a complaint promptly, its obligation to full payment and taking of orders placed following the time periods set, remains in force.
7.11 Items can only be returned to Pim Casteelen bv after previous written or electronic agreement.
7.12 Any resulting returns must occur within at most 8 days after the delivery date, in compliance with what is stipulated in article 12.
7.13 Incorrectly ordered goods must be sent to Pim Casteelen bv in perfect and complete state and in the original packaging. These goods must be sent postage paid within 8 days to the address of Pim Casteelen bv, and at the same time a copy of the original invoice should also be enclosed as well as a short explanatory letter.