Terms and conditions
VA Engineering manufactures and / or orders specific car parts for classics and semi classics. We take on projects and work on location and give you free advice with regard to repair and / or restoration of your project. We also take care of the general restoration of your classic or semi-classic. VA Engineering works together with various companies within and outside Europe regarding the delivery of the parts ordered by you and / or specially made.
Article 1. GENERAL
1. These conditions apply to all offers and agreements for the purchase / sale of goods and / or orders and services, including repairs from VA Engineering.
1.1. Additions or deviations from these conditions must be agreed in writing and only apply to the agreement for which they are made.
1.2. The rights and obligations and from agreements between VA Engineering and the other party cannot be transferred by the other party to third parties, unless with written permission from VA Engineering.
Article 2. OFFERS
2. All offers are without obligation and are made orally, in writing, or electronically and - if a period for acceptance has been set - are in effect during the period indicated. The acceptance of the offer by the other party is only valid if it takes place within the set term. If no deadline for acceptance has been set, the offer will remain in force for seven working days, provided that the article has remained unsold.
2.1. Online offers are basic prices.
Article 3. AGREEMENTS
3. The purchase agreement must always be recorded in writing. The lack of a written agreement
does not, however, nullify this agreement. A repair order is first deemed to be legally valid
after VA Engineering has confirmed this or has started the execution of the assignment. The content of an agreement with VA Engineering is determined by these general terms and conditions.
3.1. If - after the purchase agreement has been drawn up - changes are still required in the execution thereof, the other party must confirm this in writing. Changes to the original order or assignment, of whatever nature, must be confirmed in writing by VA Engineering. The originally agreed delivery time will lapse due to the change.
Article 4. PRICES
4. All quotations and the prices charged by VA Engineering are the prices applicable at the time of the offer or the conclusion of the agreement. Additional deliveries are made for deliveries elsewhere, at the request of the other party.
4.1. If, after submitting an offer, a change occurs in one of the price-determining factors, such as taxes, excise duties and such government levies, VA Engineering is entitled to adjust the prices accordingly, even if the agreement has now been concluded.
4.2. Price changes of more than 10% give the other party the right to terminate the agreement, provided that this is done in writing and within seven days of receipt of the relevant notice. A dissolution as mentioned above gives
the other party is not entitled to compensation for any damage.
Article 5. PAYMENTS
5. Payments must be made in cash or by transfer by app / internet banking or by invoice - if explicitly agreed - within 14 days of the invoice date.
5.2 Our payments (cash and bank transfer) are made by Digital Invoice Online. You will automatically receive a reminder for overdue payments. If you are still in default after the reminder, the outstanding invoice will be automatically forwarded by digital invoice online to our collection agency.
5.1. When purchasing a new or used one, the other party must pay 10% of the purchase price, unless otherwise agreed.
5.2. The other party is in default after the payment term referred to in paragraph 1 of this article has expired without notice of default being required, irrespective of whether or not the exceeding of the other party can be attributed.
5.3. Without prejudice to its further rights, VA Engineering is then authorized to charge an interest on the outstanding amount of 1.5% per month or part of a month, calculated from the relevant due date.
5.4. All extrajudicial and judicial costs incurred by VA Engineering in the context of a dispute with the other party, both claimant and defendant, will be for the account of the other party. The extrajudicial collection costs are determined in accordance with the collection rate of the Dutch Bar Association. The judicial collection costs on the amount actually paid by VA Engineering in respect of the procedure, also insofar as this exceeds the liquidated legal costs.
5.5. Incoming payments serve to settle the oldest outstanding item interest and costs, even if the other party declares otherwise in this respect.
Article 6. CANCELLATION
6. After approval of the quotation (s) made by VA Engineering, your order (s) or order (s) is / are final. Returns are not possible due to customization. You also waive your right of withdrawal regarding services and agree to start the services immediately. The offer (s) made by VA Engineering state that the consumer waives the right of withdrawal when approving the offer.
VA Engineering has no new parts in stock. Specially ordered parts cannot be returned or can be canceled by the other party after approval of the offer (s) and / or order (s). After reading the quotation, you have the right to withdraw from the order (s) you have specified. After receipt of the quotation, you have 7 days to inform us whether you approve or reject the quotation. The other party has the authority, regardless of whether VA Engineering has failed in its obligations by E-mail, SMS or cancel by letter
6.1. The authority to cancel lapses if the goods have been delivered by VA Engineering to the other party.
6.2. No refund will be given on a down payment by the other party unless otherwise agreed.
Article 7. DELIVERY TIME, DELIVERY, RISK
7. The delivery term stated or agreed in the agreement does not count as a deadline and is only approximate, even if it has been expressly accepted by the other party.
7.1. The stated or agreed delivery period is in any case, but not exclusively, automatically extended by the period (s) during which:
- there is a delay in the manufacture and / or shipping and / or assembly and / or any other circumstance that temporarily prevents the implementation, regardless of whether this can be attributed to VA Engineering;
- the other party fails to fulfill one or more obligations towards VA Engineering or whether there are well-founded fears that it will fall short, regardless of whether the reasons for this are justified or not;
- does not enable the other party VA Engineering to execute the agreement; This situation occurs, among other things, if the other party fails to notify the place of delivery or to provide information, items or facilities required for the execution.
Article 8. REPAIR, MAINTENANCE, DAMAGES
8. The other party may, before or when giving the order, request a statement of the price of the work, as well as the period within which the work will be carried out. The specified price and term are approximate, unless VA Engineering agrees a fixed price and / or term.
8.1. A specified invoice is issued for the work performed.
8.2. If the other party has not collected the car within three working days after taking note of the execution of the order, VA Engineering can charge a reasonable fee for storage costs.
8.3. The replaced parts will be made available to the other party after the order has been executed, if this has been requested by the other party when the order was given. This does not apply to parts that must be isolated for warranty claims. In that case, the parts will be made available after the warranty claims have been processed and the other party wishes to demonstrate by means of these parts that the warranty claims have not (yet) been processed satisfactorily. In all other cases, the replaced parts become the property of VA Engineering without the other party being able to claim any compensation.
8.4. If VA Engineering has carried out a damage assessment, the other party will actually be charged the actual costs incurred. A replacement car is negotiable.
8.5. VA Engineering is entitled, without the consent of the other party, to outsource the assignment or parts thereof to third parties that are not employed by VA Engineering or have it performed.
Article 9. WARRANTY AND ADVERTISING
9. New aftermarket parts have a 3-month warranty, new original parts from the dealer have a 2-year warranty and custom-made parts by VA Engineering have a 2-year warranty. Warranty is never provided on used parts supplied separately. Damage caused by the negligence of the other party (for example due to insufficient maintenance) or because the other party acted contrary to instructions, directions and advice from VA Engineering;
- the other party has not fulfilled its obligations towards VA Engineering (both financial and otherwise).
- repairs or other work has been carried out on the car within the warranty period by third parties without the written permission of VA Engineering.
9.1. Handling a complaint does not suspend the other party's payment obligation.
9.2. If attention is paid to a complaint outside the cases described above, this will be done entirely without obligation and the other party cannot derive any rights from this. - the other party acts in violation of any provision of the agreement between the parties;
- the other party dies, applies for a moratorium or files for bankruptcy;
- bankruptcy of the other party is requested;
- the other party's business is shut down or liquidated;
- a private agreement is offered;
- any assets of the other party are seized;
9.3. The provisions of paragraph 1 of this article apply mutatis mutandis if the other party, after being invited to do so in writing, has not provided appropriate security within seven days in the opinion of VA Engineering.
Article 10. OWNERSHIP POLICY
The other party is authorized, if and insofar as necessary in the context of its normal business operations, to dispose of the matters on which the retention of title rests. If the other party makes use of this authority, it is obliged to deliver the goods subject to the retention of title to third parties also only subject to the property rights of VA Engineering. He is also obliged to grant VA Engineering a silent pledge on first request on the claims that he has or will have on these third parties. In the event that the other party refuses to do so, this provision will apply as an irrevocable power of attorney to VA Engineering to realize this pledge.
Article 11. RIGHT OF RETENTION
VA Engineering is authorized to suspend the fulfillment of the obligation to hand over an item of the other party, which it has in its possession under an assignment, until VA Engineering's claim with regard to that item has been paid in full, including interest and costs, unless the other party has provided sufficient security for the goods in question
Article 12. LIABILITY
12. VA Engineering is not liable for damage resulting from any shortcoming in the fulfillment of its obligation (s) towards the other party. The fulfillment of the obligations from warranty / complaint as described in article 9 above counts as sole and complete compensation. Any other claim for compensation, for whatever reason, is excluded, unless there is intent or gross negligence by VA Engineering or senior subordinates.
12.1. VA Engineering is also not liable for intent or (gross) negligence of (non-managerial) subordinates or of others that it has engaged in the context of the execution of the agreement.
12.2. VA Engineering accepts no liability for advice given by or on behalf of it.
12.3. VA Engineering is at all times entitled to repair damage to the other party. The other party must be given VA Engineering the opportunity to do this, otherwise the liability and thus the compensation will lapse.
Article 13. FORCE MAJEURE
13. Force majeure within the meaning of these general terms and conditions means any circumstance beyond the control and control of VA Engineering, whether or not foreseeable at the time of entering into the agreement, as a result of which performance cannot reasonably be expected from VA Engineering. such as war, government measures, lack of raw materials, factory or transport disruptions of any kind, strikes, exclusion or lack of personnel, quarantine, epidemics, frost, third party failure by VA Engineering for the implementation of the agreement is enabled (such as late delivery by suppliers), etc.
13.1. Force majeure gives VA Engineering the right to either terminate the agreement in whole or in part, or to suspend the performance of its obligations, without being obliged to pay compensation. The other party remains obliged to pay for the part of the agreement that has already been performed.
Article 14. PARTIAL NULLITY
If one or more provisions from this agreement with the other party are not or not fully legally valid, the other provisions will remain in full force. Instead of the invalid provisions, an appropriate arrangement will apply, which will come as close as possible to the intention of the parties and the economic result they aim for in a legally effective manner.
Article 15. PLACE OF COMPLIANCE, APPLICABLE LAW, COMPETENT COURT
15. The place of business of VA Engineering is the place where the other party must fulfill its obligations towards VA Engineering, unless mandatory provisions dictate otherwise.
15.1. Dutch law applies exclusively to all offers and agreements of VA Engineering.
15.2. All disputes that arise from the agreement concluded between the other party and VA Engineering or from further agreements that may result from this, will be settled by the competent court.
Should our Terms and Conditions change in the future, this will be announced immediately on this page.
If you have any comments and / or suggestions, we would like to hear from you.
Drawn up by the management on 05-06-2013 at 20:04 in Amsterdam.
Modified by the management on 20-09-2017 at 21:53 in Zaandam.
Street: Paltrokstraat 21
Zip code: 1508EJ
Country: The Netherlands
Monday 9.00 – 17.00
Tuesday 9.00 – 17.00
Wednesday 9.00 – 17.00
Thursday 9.00 – 17.00
Friday 9.00 – 17.00
Sat & Sun – In consultation
We work by appointment only. With us you can pay with PIN, credit card or cash.
Evening hours in consultation
– Surcharge € 35 ex. VAT per hour
1648 HJ de Goorn
Phone: 06 17 48 33 51