Popular search terms
Popular search terms
In these general terms and conditions, the following terms shall have the following meanings:
Customer: the natural person or legal entity acting in the course of a trade or business and entering into a contract with, or requesting a quotation from, FVR;
Consumer: the natural person who is not acting in the course of a trade, business, craft or
professional activity and enters into a contract with, or requests a quotation from, FVR;
FVR: FVR-Trading B.V., registered in the Commercial Register under number 62146386, and/or FVR-Rijplaten B.V.
registered in the Commercial Register under number 84706708, hereinafter also referred to as the “Trader”;
Agreement: any agreement concluded between FVR and the Customer or Consumer, any amendment thereto or
addition thereto, as well as all (legal) acts resulting therefrom;
Product: any item and/or service offered, to be supplied or supplied by FVR.
1. These general terms and conditions apply to and form part of every offer and/or quotation made or issued by FVR, of all agreements entered into by FVR and/or agreements arising therefrom.
2. In the event of any conflict between a provision of the Agreement and a provision of these general terms and conditions, the provision of the Agreement shall prevail.
3. If, at any time, one or more provisions of these general terms and conditions are wholly or partially void or are set aside, FVR and the Customer shall consult with a view to agreeing on a new provision to replace the void or set-aside provision(s), whilst taking the purpose of the original provisions into account as far as possible.
4. FVR is entitled to amend these general terms and conditions unilaterally.
1. Any offer or quotation from FVR is without obligation, unless it specifies a time limit for acceptance.
2. If an offer is made subject to conditions, this will be expressly stated.
3. If the Customer deviates from an offer or quotation in their response, a contract shall only be concluded if the deviating order is accepted by FVR or if the Customer subsequently accepts the original offer within a reasonable time.
4. If the Customer provides FVR with information (such as drawings or dimensions), FVR will base its quotation on this information and will assume that the information provided by the Customer is correct.
1. A Contract with a Customer is concluded as soon as (I) the Customer accepts an offer or quotation made by FVR, (II) FVR accepts an order from the Customer, or (III) an order placed by the Customer with FVR is carried out with the Customer’s knowledge.
2. The provisions of paragraph 1 of this article apply mutatis mutandis to the Consumer. The Consumer may rescind the Contract as long as FVR has not confirmed receipt of this acceptance to the Consumer.
3. In the case of a verbal order, FVR’s (written) confirmation thereof shall be deemed to accurately reflect the content of the Agreement, unless the Customer immediately notifies FVR of any objections to this representation of the content of the Agreement.
1. The prices quoted by FVR are exclusive of value added tax and other government-imposed levies and are based on the taxes, levies, wages, social security contributions, material and raw material prices and other costs applicable on the date of the quotation.
2. If, as a result of unforeseeable circumstances, FVR incurs additional costs, FVR shall notify the Customer in writing of these unforeseeable circumstances and the resulting cost increase(s) for the Customer. The Customer must notify FVR in writing within 7 days of receiving such notification, stating whether it wishes to withdraw from the agreement
or agrees to the additional costs. In the absence of a timely response, the Customer shall be deemed to have agreed to the additional costs.
3. The Customer is obliged to pay the costs resulting from the cost-increasing circumstances as referred to in paragraph 2, at FVR’s discretion, at the time when:
a. the price increase or additional costs arise;
b. the principal sum is paid;
c. the next agreed payment date.
4. The cost-increasing circumstances referred to in this article shall in any event include delays in performance for which the Customer bears the risk or which result from an incorrect order placed by the Customer.
5. In the case of Consumers, the following applies specifically: if the price increase occurs within 3 months of the conclusion of the Contract, the Consumer is entitled to terminate the Contract if FVR passes on the price increase.
1. Unless otherwise agreed in writing, the Customer is obliged to pay the amounts due to FVR within 14 days of the invoice date by transferring them to the bank account number specified by FVR.
2. FVR is entitled to require advance payment from the Customer; failing which, FVR will not proceed with delivery. In the event of such advance payment, the delivery period shall commence once FVR has received payment from the Customer.
3. If the payment deadline is exceeded, the Customer shall owe default interest at a rate of 1% per month on the outstanding amount.
4. If the Customer fails to pay on time, FVR is entitled to suspend fulfilment of its obligation until the amount due has been paid in full. Under no circumstances shall the Customer be entitled to the right of suspension.
5. If the Customer is in default of the (timely) fulfilment of its obligations towards FVR, FVR shall be entitled to reimbursement of its extrajudicial costs by the Customer. These extrajudicial costs shall be calculated in accordance with Article 6:96 of the Dutch Civil Code, whereby the Customer shall owe FVR twice the amount of the extrajudicial costs as calculated under Article 6:96 of the Dutch Civil Code.
6. The provisions of paragraphs 1 and 3 and the first sentence of paragraph 5 of this article shall apply mutatis mutandis to the Consumer.
1. FVR shall retain title to the goods delivered until the Customer has fulfilled all obligations arising from the agreement(s) with FVR, including payment of the agreed price, surcharges, interest, taxes, costs and/or compensation.
2. Goods subject to retention of title pursuant to paragraph 1 may not be resold by the Customer, used as a means of payment or encumbered.
3. The Customer must at all times do everything that may reasonably be expected of them to safeguard FVR’s ownership rights.
4. If third parties seize the goods subject to retention of title or seek to establish or assert rights over them, the Customer is obliged to notify FVR of this immediately in writing.
5. The Customer hereby grants FVR, in advance, unconditional and irrevocable authorisation to enter (or arrange for entry to) all premises where FVR’s goods subject to retention of title are located and to repossess those goods. Any costs incurred by FVR in connection with the exercise of the rights under this retention of title shall be borne by the Customer, and FVR is entitled to set off such costs against any amounts still owed to the Customer.
6. The provisions of this article apply mutatis mutandis to the Consumer.
1. The place of delivery shall be the Customer’s registered address or any alternative address that the Customer has notified to FVR.
2. The Customer shall ensure that the place of delivery is easily accessible via a properly passable and accessible site and that sufficient space is available there for delivery.
3. The expected delivery time shall be set out in the contract. This expected delivery time shall be determined on the basis of the circumstances known to FVR at that time. Delivery shall in any event take place within 30 days of the expected delivery time, unless a longer period has been agreed.
4. FVR is entitled to make partial deliveries, and the Customer is obliged to settle the invoices for these partial deliveries separately.
5. The Customer is obliged to take delivery of the Products at the time specified by FVR or as soon as the Products are made available. If the Customer fails to take delivery on time and/or in full, the Customer is obliged to reimburse FVR for storage costs (as referred to in paragraph 6 of this article) and any further demonstrable loss and reasonable costs.
6. Products that have not been taken delivery of, or have not been taken delivery of on time, will be stored by FVR after 28 days at the Customer’s expense and risk and at a reasonable price.
7. Under the following circumstances, delivery may be suspended without FVR being liable for damages to the Customer:
a. In the event of unforeseeable circumstances;
b. In the event of a suspension of obligations by FVR’s supplier;
c. If the Customer has not yet (fully) fulfilled its obligations towards FVR.
8. If delivery of an ordered Product proves impossible, FVR shall, in consultation with the Customer, endeavour to provide a replacement Product.
9. The risk of damage to and/or loss of Products shall remain with FVR until the time of delivery, unless expressly agreed otherwise.
10. If expressly agreed in writing, FVR shall also arrange for the Products to be set up on site.
11. The Customer is responsible for ensuring a suitable surface for the delivery, stacking, positioning and/or installation of the Products, in respect of which FVR refers in general to its recommendations for preparing the surface, which are attached to these general terms and conditions and form part thereof.
12. Upon delivery and installation of concrete slabs, the Customer is responsible for ensuring that the site where the concrete slabs are to be installed is made fully suitable in good time. The Customer must ensure that the unloading and work site is easily accessible for a standard 3-axle semi-trailer (with a minimum turning circle and free of obstructions such as narrow passages, loose ground or height restrictions).
The unloading of the concrete slabs is included in the agreed transport rate and comprises a maximum unloading time of 45 minutes per delivery. It is the Customer’s responsibility to ensure that the slabs can be unloaded within this timeframe. Any delays, hold-ups or additional waiting time resulting from inadequate preparations or the inaccessibility of the site shall be entirely at the Customer’s expense and risk and may be charged at the applicable waiting rate.
1. The customer is entitled to cancel an order free of charge, provided that the cancellation is notified to FVR-Trading in writing by email or by telephone before the dispatch confirmation has been sent.
2. Once FVR-Trading confirms in writing on a working day that the cancellation has been received, it shall be deemed final. From that moment onwards, FVR-Trading shall be responsible for further processing.
3. If the cancellation is not received in good time in accordance with paragraph 1, the delivery costs will be charged to the customer.
4. Any deviation from the time limit referred to in paragraph 1 is only possible following prior consultation with and the express approval of FVR-Trading.
5. Any cancellation and/or delivery charges must be paid by the customer within the standard payment term, as stated on the invoice.
6. In the event of force majeure, where cancellation or timely delivery is not possible, FVR-Trading will endeavour to find a suitable solution in consultation with the customer.
1. The Customer is entitled to withdraw from a Contract, in whole or in part, within 14 days of receiving the Product, provided that the Product is still in its original packaging and/or is in the same condition as on delivery.
2. FVR will not reimburse the Customer for any delivery charges or other costs.
3. Products which, by their nature, have been irrevocably mixed with other products after delivery, and/or Products manufactured to the Customer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Customer, are excluded from the right of withdrawal.
1. Only in the case of a distance contract does the Consumer have the right to withdraw from the Contract without giving any reason within 14 days. This period commences on the day after the Consumer receives the Product.
2. During the aforementioned period, the Consumer shall handle the Product and its packaging with care. They shall only unpack or use the Product to the extent necessary to assess whether they wish to keep it, just as they would be permitted to do in a shop.
3. If the Consumer exercises their right of withdrawal, they shall return the Product to FVR with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by FVR. The risk and the burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the Consumer.
4. The Consumer is liable for any reduction in the value of the Product resulting from handling the Product in a manner that goes beyond what is permitted under paragraph 2. The Consumer shall not be liable for any reduction in the value of the Product if FVR has not provided them with all the legally required information regarding the right of withdrawal either before or at the time of concluding the Contract.
5. If they so wish, the Consumer is obliged to notify FVR within 14 days of receiving the Product that they wish to exercise their right of withdrawal, using the model form or by any other clear means. Upon receipt of this notification, FVR shall immediately send a confirmation of receipt to the Consumer. The Consumer must then return the Product within 14 days at their own expense. The Consumer must provide evidence that the goods have been returned in good time, for example by means of proof of dispatch.
6. FVR will refund the one-off delivery charges and the purchase price to the Consumer within 14 days following the day on which the Consumer notified FVR of the withdrawal. FVR may defer the refund until it has received the Product or the Consumer has demonstrated that they have returned the Product, whichever occurs first.
7. Products which, by their nature, have been irrevocably mixed with other products after delivery, and/or products manufactured to the Consumer’s specifications, which are not prefabricated and which have been manufactured on the basis of an individual choice or decision by the Consumer, are excluded from the right of withdrawal.
1. The Customer must inspect the delivered goods within 24 hours for defects and to ensure they are of the correct quality and/or quantity.
2. The Customer may no longer rely on any defects in FVR’s Products or services (including under warranty) if they have not lodged a written complaint with FVR within 14 days of the defect being discovered or of the time when it should reasonably have been discovered.
3. No complaint shall suspend the obligation to pay.
4. In the event of a complaint, the Customer remains fully obliged to accept and pay for any other Products ordered.
5. The provisions of this article apply mutatis mutandis to the Consumer.
1. FVR grants the Customer the manufacturer’s warranty on the goods sold and guarantees that the Products will meet reasonable standards of quality and/or fitness for purpose during that period.
2. The Customer shall have no claim under the warranty in respect of defects resulting from normal wear and tear, improper use, failure to carry out maintenance or incorrect maintenance, and/or alterations or repairs carried out by the Customer or third parties.
3. Any warranty shall lapse if the Customer and/or a third party engaged by the Customer uses the Product incorrectly or carelessly, carries out work on it or makes alterations to it.
1. FVR shall be liable exclusively for damage suffered by the Customer which is the direct consequence of a defect in the Product and/or an attributable failure to perform the contract, where FVR is in default.
2. FVR shall not be liable for damage that is a direct or indirect consequence of the surface (or the preparation thereof) on which the Products have been delivered, stacked, arranged or installed.
3. FVR shall not be liable to the Customer for indirect damage, including loss of profit, consequential damage, loss suffered, lost savings and damage resulting from business interruption.
4. FVR shall not be liable for any damage, of whatever nature, arising from its reliance on incorrect and/or incomplete information and data provided by or on behalf of the Customer, or where such data has not been provided (in a timely manner). FVR shall also not be liable if Products are damaged during transport by or on behalf of the Customer, for damage resulting from incorrect or improper use by the Customer, for damage arising from use that is not in
accordance with the intended purpose of the Products, and for damage resulting from modifications made by the Customer itself.
5. Any obligation on the part of FVR to compensate the Customer for damage is at all times limited to the direct damage that is the direct consequence of a (related series of) attributable failure(s) and to no more than the amount paid out by FVR’s liability insurer in the case in question, plus any excess to be borne by FVR under that insurance policy.
6. If, for whatever reason, FVR’s liability insurer does not make a payment, FVR’s obligation to compensate for damage is limited to the amount specified in the Agreement. If the Agreement is divided into partial deliveries or components, the total liability for damages is limited to the price agreed for the relevant partial delivery or component.
7. If the Agreement has been concluded with several Customers, the limitation of FVR’s liability shall apply jointly to all Customers concerned. Any compensation owed by FVR must be divided amongst the Customers concerned.
8. The limitations of liability set out in this article shall not apply if and to the extent that there is wilful misconduct or gross negligence on the part of the Contractor or its senior management.
9. The provisions of this article shall apply mutatis mutandis to the Consumer.
1. The Customer shall indemnify FVR against any claims by third parties who suffer damage in connection with the performance of the Agreement and where the cause of such damage is attributable to parties other than FVR.
2. Should FVR be held liable by third parties as referred to in the previous paragraph, the Customer shall be obliged to assist FVR both in and out of court and to take all necessary steps without delay that may reasonably be expected of it in such circumstances. Should the Customer fail to do so, FVR shall be entitled, without notice of default, to take such action itself. All costs and damages incurred by FVR and third parties as a result shall be borne in full by the
Customer at its own risk.
3. The provisions of this article apply mutatis mutandis to the Consumer.
1. If FVR and/or the Customer is unable to fulfil one or more obligations under the contract and/or these general terms and conditions, or is unable to do so in a timely or proper manner, as a result of force majeure within the meaning of Article 6:75 of the Dutch Civil Code, those obligations shall be suspended until such time as that Party is once again able to fulfil them in the agreed manner.
2. In these general terms and conditions, ‘force majeure’ shall be understood to include, in addition to what is understood by that term under the law and/or case law, in any event also includes external causes, whether foreseeable or unforeseeable, which are beyond FVR’s control and as a result of which the fulfilment of its obligations has become impossible or can no longer reasonably be expected of it.
3. FVR is also entitled to invoke force majeure if the circumstance preventing (further) performance of the contract arises after FVR should have fulfilled its obligation.
4. If the situation referred to in the first or third paragraph lasts for more than thirty days, either party shall be entitled to terminate the contract in whole or in part with immediate effect by giving written notice, without any entitlement to compensation.
5. If, at the time the force majeure situation arises, FVR has already fulfilled its obligations in whole or in part, the Customer shall be obliged to pay the invoice drawn up by FVR in respect thereof as if it were a separate contract.
1. Agreements between FVR and the Customer or the Consumer shall be governed exclusively by Dutch law, even if an obligation is performed wholly or partly abroad.
2. All disputes between FVR and the Customer shall be settled by the competent court at the place of business of FVR Trading.
3. The Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded and therefore does not apply to the Agreement.
FVR Trading B.V.
FVR Rijplaten B.V.
May 2025