General Terms and Conditions of Sale and Delivery GebroToys B.V.

Article 1
All offers, actions, transactions in any form whatsoever are subject to these terms and conditions, unless expressly agreed otherwise in writing. Any purchasing conditions will only be accepted if they have been expressly agreed upon in writing.

Article 2
All price offers and/or quotations are indicative and can be increased at any time with government-imposed levies and/or price changes, as well as exchange rate or currency differences and/or levies by governments elsewhere and/or extra freight costs charged to us. Any inspection costs and related extra storage or freight costs, whether caused by changes in legislation or government regulations, shall always be borne by the purchaser.

Article 3
Payments must always be made net within thirty days of the invoice date by transfer to the account specified on the invoice. In the event of late payment, interest of 1% per month on the outstanding amount is due, with interest on interest being charged. In the event of late payment, the purchaser will be in default simply by the expiry of the payment term without further notice of default and will owe collection costs equal to the legally permitted percentage of extrajudicial costs or, in the absence thereof, 10% of the outstanding amount.

Article 4
Delivery times are always indicative and only provide an approximate delivery time. Regarding the delivery, we are only in default after being put in default in writing for a reasonable period. In case of force majeure and/or unforeseen circumstances, such as loss of cargo en route, the execution of the order or delivery can be suspended at any time until normal delivery can take place. Should the force majeure or suspension last longer than three months, the purchaser is entitled to cancel the order. Exceeding delivery times will never give rise to compensation, discount, or modification of payment terms or cancellation of the order other than as described above.

Article 5
Force majeure includes, but is not limited to:

  • Strikes
  • Unforeseen widespread illness of staff, including suppliers
  • Natural disasters and/or delays or emergencies during sea transport
  • Unforeseen transport delays and/or difficulties
  • Riots
  • Delay in delivery by our supplier
  • Any other external cause that is beyond our control or influence, whether caused by our supplier and/or third parties.
  • Change in admission regulations in this country and/or as a result of inspections, tests or investigations by government agencies, stopping shipments by customs and/or government agencies responsible for implementing the regulations.

Article 6
The purchaser is always obliged to guarantee that further sale and/or delivery is carried out in compliance with the applicable legal provisions and regulations. This also applies to delivery to consumers. The purchaser declares to indemnify us against any claims in this respect and will never have any claims against us on this basis. Fireworks are always manufactured based on the safety regulations and/or standards and/or legislation known at the time of ordering. No liability of any kind can be accepted for changes to these standards, legislation, and/or regulations. Any changes in regulations, inspection requirements are always at the risk of the purchaser if these lead to stricter or adjusted rules at the time of delivery.

Article 7
Transport within the Netherlands is free of charge from € 500,– excl. VAT goods value per shipment. Shipping is always at the expense and risk of the purchaser. Depending on the location of the purchaser and other conditions, this amount can be set higher, provided this has been agreed upon in writing. We always reserve the right to determine the means of transport. Insurance of the transport will only take place if expressly stipulated or expressly requested in writing by the purchaser. Partial deliveries can always take place with the simultaneous sending of partial invoices. The purchaser declares to have approved means of transport at all times. Additional requirements for the means of transport and the method of transport can always be imposed on road transport of fireworks.

Article 8
All goods delivered by us are always subject to a retention of title and an extended retention of title. This means that ownership of the delivered goods first passes to the purchaser after full payment of all outstanding invoices. The received funds will always first be deducted from the oldest outstanding invoices, interest, and costs. In the event of further delivery of the goods, the purchaser is obliged to report the retention of title on the goods if and insofar as the company’s invoices have not been paid. In case of arrears in the payment of invoices and costs as well as in the event of an application for suspension of payments, bankruptcy, liquidation of the purchaser’s company, or any other default towards us, we have the right to suspend or cancel orders or their execution without summons or notice of default. This is without prejudice to our rights to claim compensation for loss and/or damage. In such cases, all outstanding claims are immediately and promptly payable without notice of default or summons, increased with the interest and costs due. In addition, we are always entitled to transfer or pledge the claim on purchasers with a real right if and insofar as we deem this necessary.

Article 9
Complaints regarding quantities, quality, and/or types will only be processed if they are made known to us in writing within five working days after the actual delivery of the goods. The purchaser will then be required to substantiate and demonstrate complaints upon request. Returns are only accepted and credited if they have been approved by us in writing. The purchaser declares to bear 3% breakage risk for Gebro articles.

Article 10
Any packaging, packing, and/or pallets always remain our property and will only be taken back if they are returned to us in good condition, carriage paid, at the purchaser’s expense within ten working days. Boxes and/or other cardboard, paper, or plastic packaging will never be taken back or reimbursed.

Article 11
Images, photos, and/or other samples are always indicative of the actual colors and images as delivered. Unless expressly agreed otherwise in writing, slight color deviations and deviations in quantity are allowed. Obvious printing or writing errors and/or other deviations are always at the purchaser’s expense and risk.

Article 12
The purchaser declares to have acquainted themselves with the applicable legal rules concerning toys and to comply with these legal rules. The purchaser expressly declares to indemnify us against any damage whatsoever caused by the improper use by them and/or their purchaser. The risk of chemical or other aging of fireworks, whether due to moisture, is always borne by the purchaser.

Article 13
All liability for the use of the products and/or services purchased by the purchaser is always excluded, including consequential damage. The purchaser undertakes to always ensure adequate liability insurance that covers all risks of using the products or services and expressly indemnifies Broekhoff Vuurwerk International BV and/or Gebro BV and its employees against all liability, including consequential damage. If liability is nevertheless established by a court, it will always be limited to the amount of the invoice sent in connection with the delivery of the relevant product and/or service and explicitly limited to that.

Article 14
All liability for fines, penalties, closure measures, destruction costs, loss of profit, consequential damage, and/or other damage, whether caused by delivered products and services, is expressly excluded, regardless of whether these are imposed or pronounced against the purchaser. If and insofar as the aforementioned measures are imposed on Broekhoff Vuurwerk International B.V. caused by the actions or omissions of the purchaser, Broekhoff Vuurwerk International B.V. is entitled to recover these from the purchaser without any notice or summons. Violation of the rules regarding storage, ignition, or handling of fireworks is always at the purchaser’s expense and risk, with the obligation to indemnify the supplier. With regard to fireworks storage, the purchaser declares to comply with the necessary requirements for both transport and storage.

Article 15
In the event of a dispute, it will be submitted to the competent court in Amsterdam or Zwolle. All offers, actions, and transactions are subject to Dutch law. Filed with the Chamber of Commerce Lelystad (Now Zwolle).