Article 1: Definitions
1.1. Seller: SFParts, trading in used forklift parts.
1.2. Buyer: Any natural or legal person purchasing parts from the Seller.
1.3. Part: Used forklift parts offered by SFParts, unless explicitly stated otherwise.
1.4. Exchange Proposal: An arrangement where a defective part is exchanged for a working part, subject to payment of a deposit.
Article 2: Applicability
2.1. These general terms and conditions apply to all offers, quotations, agreements, and deliveries of parts by SFParts, regardless of any (prior) reference by the Buyer to their own general terms and conditions. The applicability of any general terms and conditions of the Buyer is expressly rejected, unless agreed otherwise in writing.
2.2. Deviations from these terms and conditions are only valid if confirmed in writing by SFParts.
Article 3: Retention of Title
3.1. All delivered parts remain the property of SFParts until full payment of the invoice, including any additional costs, has been made by the Buyer.
3.2. The Buyer is not entitled to transfer, encumber, or otherwise trade the part as long as full payment has not been made.
Article 4: Payment
4.1. Payment must be made 100% in advance, unless otherwise agreed in writing.
4.2. If timely payment is not made, SFParts reserves the right to suspend delivery or terminate the agreement.
4.3. All costs, both judicial and extrajudicial, incurred in collecting the outstanding amount shall be borne by the Buyer, with a maximum of 15% of the outstanding amount.
Article 5: Exchange Parts, Prices, and Deposit
5.1. For exchange parts, the Buyer pays the full price of the part. If the exchange proposal is used, a deposit amount will be charged in addition to the price of the part. The deposit amount varies per part and will be communicated to the Buyer in advance by SFParts.
5.2. If the exchange proposal is used, the Buyer is only entitled to a refund of the deposit if the returned part:
Is not burned, and
Is repairable.
5.3. Parts offered for exchange must be clean and free of hazardous substances.
5.4. The Buyer must return the part to be exchanged within 14 days of receiving the new part to be eligible for a refund of the deposit.
5.5. If the above conditions are not met, SFParts reserves the right not to refund the deposit.
Article 6: Delivery and Risk
6.1. Delivery is made ex-works of SFParts, unless otherwise agreed.
6.2. The risk of loss, damage, or depreciation of the parts passes to the Buyer at the time of delivery.
6.3. The stated delivery times are indicative, and exceeding them does not entitle the Buyer to compensation or termination of the agreement.
Article 7: Warranty and Liability
7.1. All delivered parts are used, unless explicitly stated otherwise.
7.2. No warranty is provided on used parts.
7.3. All parts are extensively tested and are in 100% good condition.
7.4. SFParts is not liable for any damage, direct or indirect, arising from the use of the delivered parts, unless there is intent or gross negligence.
Article 8: Return of Parts
8.1. Return of parts is possible within 14 days of delivery, provided the part is undamaged, unused, and in its original condition. The shipping costs for returns shall be borne by the Buyer.
8.2. Parts may not be returned if they were ordered based on an incorrect diagnosis or if the part ultimately proves unnecessary.
8.3. If an item is returned, handling costs of €75 per part will be charged. If the return is due to an error or negligence by SFParts, these costs will be waived.
8.4. Complaints about delivered parts must be submitted in writing within 14 days of delivery of the part, failing which the delivery is deemed to have been accepted and the Buyer loses the right to claim.
8.5. In the case of justified complaints, SFParts has the choice to replace the parts or refund the purchase price.
Article 9: Force Majeure
9.1. SFParts is not liable for any damage in the event of force majeure, including but not limited to strikes, fire, government measures, system or transport disruptions, and other circumstances beyond the control of SFParts.
9.2. In the event of force majeure, SFParts has the right to terminate the agreement without any obligation to compensate for damages.
Article 10: Applicable Law and Disputes
10.1. Dutch law applies exclusively to all agreements and disputes between SFParts and the Buyer.
10.2. Disputes shall be submitted exclusively to the competent court in the district where SFParts is located, unless mandatory law provides otherwise.
Article 11: Final Provisions
11.1. If one or more provisions of these general terms and conditions are invalid or annulled, the remaining provisions shall remain fully applicable.
11.2. SFParts reserves the right to unilaterally amend these general terms and conditions at any time. The amended terms and conditions shall take effect on the announced effective date. If no effective date is communicated, the amendments shall take effect as soon as the Buyer is notified of the changes.
