UBITE GENERAL TERMS AND CONDITIONS OF SALES
UBITE GENERAL TERMS AND CONDITIONS OF SALES
1. DEFINITIONS
1.1 Purchaser: Each party that enters into an agreement with Ubite for the purchase of Products supplied by Ubite to the Purchaser.
1.2 Agreement(s): All agreements between Ubite and the Purchaser, all assignments issued by the Purchaser to Ubite, including all legal acts related.
1.3 Products: All goods (including raw materials and packaging thereof) and services supplied by Ubite.
2. GENERAL
2.1. These Ubite B.V. (Hereafter: Ubite) General Terms and Conditions of Sales are applicable to all offers, quotes, Agreement(s) and all other related legal acts by and with the Purchaser and make up a part thereof. Purchaser terms and conditions that are in conflict with or deviate from these General Terms and Conditions of Sales will not be acknowledged by Ubite, unless Ubite agrees to them in writing.
2.2 The Purchaser, once contracted under the condition of these General Terms and Conditions of Sales, agrees to the application of these terms and conditions to later Agreements between itself and Ubite.
2.3 Ubite is entitled to unilaterally amend these General Terms and Conditions. Any such amendment will have legal standing between Ubite and the Purchaser, also with regards to previously existing Agreements and will enter in effect 30 days within notification thereof by filing at the Dutch Chamber of Commerce (or in the case of previously existing Agreements by notice to the Purchaser). The Purchaser is (within 14 days of the above mentioned notice), in the event of material interim amendments to the General Terms and Conditions by Ubite, entitled to indicate to Ubite (by means of registered mail with acknowledgement of receipt) the intent to terminate the Agreement coinciding with the entry into effect of the amended General Terms and Conditions of Sales, if these amendments are applicable to the Purchaser. Ubite is entitled to indicate willingness to continue the Agreement under the original terms and conditions within 10 days of the timely receipt of the above mentioned written notice from the Purchaser. If the amendments are not relevant to the Purchaser, the Agreement continues under the original terms and conditions. If Ubite makes no use of the above mentioned entitlement, the Agreement with the relevant Purchaser will automatically terminate upon the amended General Terms and Conditions of Sales entering into effect.
3. COMPLIANCE
3.1 All amounts, sizes, weights and/or other indicators regarding Products given by Ubite are performed with as much care as possible. Ubite cannot, however, guarantee the absence of discrepancies. Conventional industry non-conformities will be permitted in all circumstances. The Purchaser will verify, to the extent possible, all actual amounts, sizes, weights and/or other indicators of the Products against those given by Ubite upon receipt. Displayed or provided samples, designs or models of Products to be delivered provide only an indication, as referred to in this clause, and are strictly subject to the content of this article.
3.2 The Purchaser must explicitly ensure that the Products ordered and/or to be ordered and the associated documentation, packaging, labelling and/or other information meet governmental regulations in the country of destination.
3.3 Ubite will ensure that Products meet prevailing laws and regulations.
4. PRICE
4.1 Prices are exclusive of VAT, import and export duties, excise duties and other taxes or levies imposed or charged with regards to the Products and excluding transport costs and transport packaging, unless otherwise agreed upon.
4.2 Ubite is entitled to increase prices after the Agreement has been entered into but prior to the delivery of the Products, if an increase of costs occurs (e.g., an increase in the costs of raw materials, increased transport costs and tax increases) which are beyond the control of Ubite, Ubite is then entitled to increase prices accordingly.
4.3 If and in so far as the prices are based on Ubite price lists, the price list at the time of delivery is applicable. Amendments to the price list will be communicated to the Purchaser by Ubite as soon as possible. The price lists adhered to by Ubite are valid for 6 months. After this period Ubite may revise these price lists.
4.4 If Ubite has taken the packaging, transport packaging, loading, transport, unloading or insurance of Products upon itself without explicitly agreeing in writing to a price beforehand, then Ubite is entitled to charge the Purchaser the actual costs incurred and/or Ubite's usual rates.
4.5 If Ubite must destroy specific Products, raw materials or packaging reserved for a Purchaser because these are no longer usable, then the purchase, storage and destruction costs are the responsibility of the Purchaser for whom the Products, raw materials or packaging were reserved.
4.6 If Ubite incurred costs for the production of Purchaser-specific packaging and therefore incurred (for example) design costs, had plates or moulds manufactured, then Ubite is entitled to charge the Purchaser the actual costs for the production of the packaging.
5. DELIVERY
5.1 The delivery term commences once Ubite is in possession of all materials, documents and data regarding the Agreement required by Ubite from the Purchaser for the execution of the Agreement and after any agreed upon advance payment or security of payment has been received by Ubite.
5.2 The delivery period specified by Ubite is indicative and may not be regarded as a strict deadline. The moment of delivery of the Product is the determining factor. In the case of the delivery period being exceeded, the Purchaser is in no way entitled to claim compensation for additional or replacement items, direct or indirect damages or to refuse to comply with or to suspend any obligations related to this Agreement or any other ensuing obligations, or to terminate or dissolve this Agreement. The Purchaser is entitled to issue Ubite with a reasonable extension period after expiration of the delivery period, which if exceeded allows the Purchaser to terminate or dissolve this contract without cost by written notice thereof to Ubite within 14 days of expiration of the reasonable extension period, without Ubite incurring any obligations to pay damages.
5.3 The delivery period will be extended by the same period of time that any force majeure has delayed the execution of the Agreement (Article 10).
5.4 Ubite endeavours to inform the Purchaser as far as is possible regarding indications that delivery periods may not be achievable, or that Products are not or cannot be supplied in compliance with the agreed upon terms and conditions. Ubite is, however, not obligated to do so.
5.5 Ubite is entitled to engage third parties in the full or partial execution of the Agreement (hereafter "auxiliary persons"). Ubite is entitled to deliver in batches. For the purpose of these terms and conditions, each batch delivery will be categorised as an independent delivery.
5.6 Products delivered must be accepted in full by, or for, the Purchaser at the arranged time and place. The Purchaser will ensure that there are sufficient loading and unloading facilities.
5.7 If the Purchaser does not comply or does not comply with the provisions of article 5.6 punctually, then the Purchaser will be in default, without further notice being necessary. In that case, Ubite is entitled to store the Products at the expense and risk of the Purchaser, or, at Ubite's discretion, to sell the Products to a third party. The Purchaser remains liable for the purchase price, including interest, damages and expenses, which include but are not limited to storage costs and, if applicable, reduced by the net income generated by a sale to a third party.
5.8 The Purchaser is only authorised to delay delivery if the Purchaser provides for sufficient packaging, storage, preservation, security and insurance. Costs incurred due to delays in delivery caused by the Purchaser are at the Purchaser's expense.
5.9 Reusable packaging in which Products are delivered, remain the property of Ubite. Upon Ubite's first request, the Purchaser is obliged to return the packaging to Ubite, or make the packaging available for Ubite to collect, regardless of whether the Purchaser has paid the invoice relevant to the packaging or not.
6. CLAIMS
6.1 The Purchaser, or a third party acting on behalf of the Purchaser, is obliged to meticulously inspect the Products immediately upon delivery. Any complaints regarding visible defects must be reported to Ubite within 12 hours of delivery, and failure to do so will result in all claims by the Purchaser against Ubite being null and void, as stated in article 6.2.
6.2 Claims by the Purchaser with respect to "hidden" defects must be made within 48 hours of discovery and up to a maximum of 10 days after delivery, and failure to do so will result in all claims by the Purchaser against Ubite being null and void. Except when and insofar as the Products have an expiry date and the defect is related to the Products having a shorter lifespan than the expiry date indicated, in which case claims may only be made up to the expiry date. If and insofar as the Products have been processed by the Purchaser, the right to claim extends only until the point of processing.
6.3 The purchaser must submit all complaints in writing. The complaint should describe the defect in as much detail as possible in order to ensure that Ubite can respond adequately. The Purchaser must allow Ubite the opportunity to investigate the complaint, or have the complaint investigated. The Purchaser will cooperate fully with the investigation. If the Purchaser does not cooperate, does not cooperate sufficiently or in any way impedes the investigation, then all claims the Purchaser may have against Ubite are voided.
6.4 All rights to claims, including those in articles 1 to 3, expire in the following circumstances:
(a) the Products have been improperly transported, treated, used, processed or stored by or on behalf of the Purchaser not in accordance with applicable laws and regulations or contrary to instructions from Ubite,
(b) the Products have been processed by or on behalf of the Purchaser;
(c) the Purchaser fails to meet or fails to meet in a timely or proper manner any of its obligations to Ubite ensuing from the underlying Agreement.
6.5 In the case of justified and timely claims, Ubite will, at its discretion, deliver anew (replacement delivery) the Products at no charge or otherwise credit the Purchaser completely or partially for the defective Products. These General Terms and Conditions of Sales are applicable to any replacement deliveries as referred to in the previous paragraph of this article.
6.6 After discovering a shortcoming in a Product, the Purchaser is obliged to do everything possible to prevent or limit damages, including possible immediate cessation of use, working or processing included therein.
6.7 Products, against which a rightful claim has been lodged, may only be returned or destroyed with Ubite's written consent. In the case of a rightful claim, the return costs will be incurred by Ubite, provided that a written approval request to that effect has been received.
7. TRANSMISSION OF RISK AND OWNERSHIP
7.1 Unless otherwise agreed upon, the risk of the purchased Products is transferred to the Purchaser in accordance with DDP Incoterms (carriage included with rights in accordance with place of destination). All Products delivered by Ubite remain the property of Ubite until full payment of all receivables related to the underlying Agreement and/or previous or later Agreements of the same nature have been settled by the Purchaser including damages, costs and interest. The Purchaser waives any rights of retention with respect to the Products in advance and shall not lay claim to the Products.
7.2 The Purchaser agrees to refrain from assigning or pledging claims which he obtains against his customers to third parties without the prior written consent of Ubite. The Purchaser agrees to pledge said claims to Ubite as soon as the latter expresses a wish for that, as set out in article 3:239 of the Dutch Civil Code, as additional security for all claims against the Purchaser.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights related to the supplied Products remain with Ubite, and are not transferred via this Agreement from Ubite to the Purchaser, regardless of whether or not the Products have been specifically designed, developed or assembled for the Purchaser. The supply of a product cannot be construed as explicit or implicit license for use, reproduction or releasing of the intellectual property rights to third parties, unless Ubite has issued explicit written permission.
8.2 The Purchaser will immediately notify Ubite if third parties infringe or threaten to infringe Ubite's intellectual property rights or if third parties believe that Ubite's Products infringe on their own intellectual property rights. In the case of the latter, Ubite will, at its own discretion, replace or modify the infringing Products or terminate or dissolve the Agreement with the Purchaser. The Purchaser has no right to compensation from Ubite except if and insofar as the Purchaser is able to derive such a right from article 9 of these General Terms and Conditions of Sales.
9. LIABILITY
9.1 If Ubite is legally liable due to a failure in the execution of the Agreement, the Purchaser is entitled to compensation:
(a) If and insofar as Ubite is insured against the damages: to a maximum amount as that paid by the insurer for this specific incident, plus Ubite's excess.
(b) If Ubite has no insurance cover against the damages: not exceeding the total amount invoiced by Ubite to and settled by the Purchaser for activities executed by Ubite regarding the Agreement in which the failure was made, for a period of 12 months prior to the failure.
9.2 Ubite is in no way liable for indirect or intangible damages, such as but not limited to trading losses, consequential losses or demurrage and loss of income and profits, loss of clients, damage to reputation and/or goodwill.
9.3 In all cases where Ubite is obliged to pay compensation for damages, those damages shall in no case exceed the invoiced amount of the supplied Products (and/or any services rendered) which caused or were related to the cause of the damage, or, if the damage is covered by Ubite's insurance policy, the amount that is actually paid out by the insurer with respect thereto.
9.4 The right to choose the form of remedy for a shortcoming lies with Ubite. Ubite retains the right to compensation, in particular the right to compensation in place of restoration.
9.5 Any claim to compensation against Ubite, excepting those that have been recognised by Ubite, will lapse after a period of 12 months after the claim arises.
9.6 Ubite employees or auxiliary persons engaged by Ubite for the execution of the Agreement may claim against the Purchaser all defences to be derived from the Agreement, as if they were a party in the Agreement themselves.
9.7 The Purchaser will completely indemnify Ubite, its employees and all auxiliary persons engaged by Ubite for the execution of the Agreement of all forms of liability regarding Ubite's execution of the Agreement. In the context of this indemnification obligation, the purchaser is bound to reimburse reasonable costs for defence against claims by third parties.
10. FORCE MAJEURE
10.1 If Ubite is temporarily unable to execute the Agreement due to force majeure, Ubite is then entitled to suspend the execution of the Agreement partially or completely for as long as force majeure continues. If Ubite is unable to execute the agreement due to force majeure, Ubite is then entitled to fully or partially terminate the agreement. Force majeure shall be understood to include shortcomings by Ubite (or suppliers thereof) and/or auxiliary persons, production interruptions, work stoppages and above average absenteeism of employees and/or other auxiliary persons, government measures and inclement weather.
10.2 If, due to force majeure, Ubite is unable to temporarily or permanently execute the Agreement, the Purchaser may make no claim against Ubite for the execution of the Agreement, the dissolving of the Agreement and/or damages.
11. PURCHASER'S OBLIGATIONS AND INDEMNIFICATIONS
11.1 Non-compliance by the Purchaser with the Agreement or any one or more of the provisions of these General Terms and Conditions of Sales, or non-observance due to attributable unlawful actions, or non-compliance with instructions or requirements issued by Ubite, or failure by or on behalf of the Purchaser resulting in damage to Ubite shall oblige the Purchaser to compensate Ubite for all damages suffered. In accordance with the provisions of article 9.7, the Purchaser indemnifies Ubite, its employees and all auxiliary persons engaged by Ubite against all claims made by third parties for compensation of any damages incurred. In the context of its indemnification obligation, the Purchaser is obliged to reimburse reasonable costs incurred in the defence of claims by third parties.
11.2 The Purchaser is obliged to remove Products from the market that he has brought onto the market which have been found defective, or in which a defect threatens to manifest itself, within a reasonable period of time to be stipulated by Ubite (hereafter 'recall') and to return said Products to Ubite. All related costs are to be borne by the Purchaser unless the cause of the recall, based on the Agreement, these General Terms and Condition of Sales or the law, is not at the Purchaser's account or risk. If the costs of the recall are at Ubite's expense, then only direct expenses will be reimbursed to the Purchaser, Loss of profit or margin are not eligible for reimbursement.
12. PAYMENT AND GUARANTEES
12.1 Payment shall be made, without any discount, at the agreed upon time or, if no time has been agreed upon, within 30 days of the invoice date, in the currency stated in the invoice and exclusively in the manner stipulated in the invoice. Ubite is entitled at all times to demand full or partial payment in advance and/or receive other sureties of payment in the form of a bank or corporate guarantees, to be decided at its own discretion.
12.2 Ubite remains entitled to offset any claims against the Purchaser for obligations the Purchaser may have towards Ubite or any company related to Ubite -regardless of whether or not they are claimable, under conditions or concern time constraints.
12.3 If the Purchaser does not meet its obligations to pay the amount due, or fails to pay it on time, the Purchaser is then considered to be in default without any notice being necessary. As soon as the Purchaser is in default with any payment, all remaining claims by Ubite against the Purchaser are, without notice being necessary, immediately payable and the Purchaser is immediately in default without prior notice being necessary. Commencing on the day the Purchaser enters into default, the Purchaser is liable to pay default interest to Ubite equal to the legal interest rate under Article 6:119a of the Dutch Civil Code.
12.4 When (extra) judicial collection takes place the Purchaser is liable, along with the principal amount and the default interest, for the actual collection expenses incurred by Ubite, with a minimum of 15% of the principal amount. Court costs are not limited to the costs of the proceedings but will be wholly incurred by the Purchaser's account if the Purchaser is found to be wholly or largely at fault.
13. CONFIDENTIALITY
13.1 The Purchaser is obliged to protect the confidentiality of all information that comes to its attention regarding Ubite, even if that information has not been specifically designated as confidential, and to stipulate the same in respect of employees and third parties involved in any way in the execution of the Agreement. The Purchaser is prohibited from using the above-mentioned information for its own purposes or for third parties.
13.2 The Purchaser will not divulge any information regarding its relationship with Ubite to third parties without explicit written permission from Ubite.
14. TERMINATION AND DISSOLUTION
14.1 Ubite is entitled to partly or fully suspend the execution of all agreements concluded between the parties, including the Agreement or, at its discretion, to partly or fully terminate or dissolve these agreements, including the Agreement, with immediate effect by means of a written statement, without prior notice of default, notification or judicial intervention, without Ubite being obligated to pay any compensation, and without prejudice to all its rights to compensation of costs, damage and interest if:
(a) the Purchaser falls short in one or more of its obligations with regards to the Agreement or related agreements;
(b) (an application for) suspension of payments or declaration of bankruptcy is made by the Purchaser;
(c) the Purchaser loses control of its assets or is placed under administration;
(d) the Purchaser's company is sold or terminated;
(e) permits required by the Purchaser for the execution of the Agreement are revoked;
(f) a significant portion of the Purchaser's business assets is seized;
(g) Ubite serves a garnishee order on the Purchaser;
(h) the Purchaser loses management of its assets.
14.2 Ubite is further entitled to partly or entirely terminate or dissolve the Agreement at its own discretion if any advantage is offered or granted by the Purchaser in connection with the formation or execution of the Agreement to a person forming part of Ubite.
14.3 Ubite further reserves the right to partly or entirely dissolve the Agreement with the Purchaser, to be decided at its own discretion, if the contract with its supplier or client is terminated or rescinded for any reason whatsoever or for other reasons is not executed by its supplier or client. If the Agreement is dissolved, Ubite is only obliged to reimburse or credit the sales price it has charged for products and services not yet delivered.
14.4 The Purchaser may only explicitly terminate or dissolve this Agreement legally in the instances referred to in the last sentence of article 5.2 of these Terms and Conditions and then, not before all payments to Ubite, whether or not collectable, have been settled.
15. FINAL PROVISIONS
15.1 If one or more of the provisions in these General Terms and Conditions of Sales appear to be invalid or declared invalid by a court of law, the other provisions shall continue to apply in full.
15.2 Unless otherwise noted, all agreements between Ubite and the Purchaser are governed by Dutch law, excluding conflict of laws and the Vienna Sales Convention.
15.3 Any disputes between the parties that result from or are otherwise connected with any agreement and/or these General Terms and Conditions of Sales and that fall within the jurisdiction of a civil court shall firstly and exclusively be brought before the Court of Oost-Brabant, unless Ubite prefers another competent court.
15.4 Making public or reporting the business relationship between the parties, including agreed upon services and their results to third parties, in any way whatsoever and via any medium, is only permitted with the prior written consent of Ubite. This includes occasions when Ubite is not specifically named but only described.
15.5 The Dutch version of these General Terms and Conditions of Sales prevails over other versions in other languages.
PRIVACY STATEMENT UBITE B.V.
TYPE OF PERSONAL DATA PROCESSED
Acting in the capacity of data controller in accordance with the General Data Protection Regulation (GDPR), UBITE B.V. (otherwise referred to as ‘we’, ‘us’ or ‘our’) is authorized to process your personal data because you make use of our products and services and/or because you have provided them to us. When processing your data we respect your privacy and we will never process more personal data than strictly necessary. This page gives information about the categories of personal data we collect when you use our services, why we collect these data and how we process them.
Personal data refers to all information about an identified or identifiable natural person. Depending on the situation, we process one or more of the following categories of personal data:
Basic information such as your title, first and last names together with any prefix;
Contact information such as your email address, postal address and telephone number;
Information about the device you use to visit our website, such as an IP address;
Personal data that you provide us within the context of signing an agreement;
Personal data that you provide us with in connection with a job application, such as your first and last name, date of birth, address, telephone number, nationality, marital status and any other personal data mentioned in your application;
All other personal data that you provide us with or that we may obtain in connection with the purposes and in accordance with the legal grounds outlined below.
We process the above-mentioned personal data because you have provided us with the data. In addition, we may also obtain your personal data from other sources.
VISITING THE WEBSITE
We process your IP address when you visit our website. The purpose of this processing is to generate statistics concerning the use of our website in order to analyse and improve our website. Cookies are used for this. The legal ground for processing these personal data is our legitimate interest in ensuring the website functions well and to collect data which we can use to improve the website. For more information on the use of cookies by Ubite, please see our cookie statement.
SUBSCRIPTION TO THE NEWSLETTER
When you subscribe to the newsletter, we collect the following data: name and email address. We process this personal data for the purpose of sending you our newsletter. The legal ground for processing this personal data is your consent to such processing.
CUSTOMER RELATIONSHIP MANAGEMENT
To maintain and manage our relationships with, amongst others, (potential) customers and other enterprises, we collect the following data: name, address, telephone number (non-obligatory) and email address. We process these data to maintain various relationships. The legal ground for this processing is to implement an agreement, or our legitimate interest in maintaining relationships in order to improve our services and products.
JOB APPLICATIONS AND EMPLOYEES
When you apply for a job vacancy at Ubite, we collect the following data: name, town or city, email address, telephone number, gender and other personal data contained in your LinkedIn profile, CV and/or letter of motivation. We process these personal data for the purpose of handling your job application. The legal ground for processing these personal data is our legitimate interest in finding suitable candidates. When a job candidate has been taken on, a personnel file is maintained in accordance with legal obligations.
STORAGE AND SECURITY
We store your personal data for no longer than is strictly necessary to fulfil the purpose for which the data are collected, with the exception of statutory retention periods. Besides this, we take suitable security measures to prevent misuse of, and unauthorised access to, your personal data. We take various technical and organisational measures to ensure an effective level of security.
SHARING WITH OTHERS
We may provide your personal data to employees of Ubite and other third parties who provide services to us, for example, for processing payments and distributing newsletters. Insofar as a third party processes your personal data in the capacity of a data processor for Ubite, this is done based on a data processing agreement concluded between us and the third party that meets the requirements of the GDPR. Transfer of your personal data to the above-mentioned third parties takes place only for the purposes mentioned in this Privacy Statement and only on the legal bases stated in this Privacy Statement.
YOUR RIGHTS
The GDPR gives you various rights concerning your personal data. These rights include:
Right of access. You may submit to us free of charge a request for information about the processing of your personal data.
Right to rectification. At your request we will correct or add to your personal data if these are incorrect or incomplete, taking account of the purpose of the processing.
Right to erasure. Where one of the grounds of Article 17 of the GDPR applies, we will erase your personal data without undue delay.
Right to withdraw your consent. You may withdraw your consent to the processing of your personal data at any time.
Right to object. You have the right to object to the processing of your personal data if the processing is based on the legal ground of our legitimate interest.
Right to restriction. You have the right to obtain from us a restriction of processing of your personal data. This right may be exercised if one of the elements of Article 18 of the GDPR applies. The consequence of this is that your personal data will (temporarily) not be processed or changed.
Right to data portability. You have the right to receive your personal data from us in a structured, commonly used and machine-readable format and to transfer them to another controller.
Right to submit a complaint. You have the right to submit a complaint to the Dutch Data Protection Authority if you are of the opinion that your personal data are being processed in contravention of this privacy statement.
You may send a request to exercise these rights to info@ubite.com. UBITE will respond to your request as soon as possible and will observe the statutory deadlines.
CHANGES TO THIS PRIVACY STATEMENT
UBITE may unilaterally modify this Privacy Statement. In case of any material changes to this Privacy Statement, we will inform you about this clearly on our website.
DO YOU HAVE ANY QUESTIONS OR COMPLAINTS?
If you have any questions concerning this privacy statement or how we process your personal data, or if you would like to exercise one of the above-mentioned rights, please contact us at info@ubite.com
ADDRESS
Veegtesstraat 39
5616 PG Venlo
The Netherlands
M: info@ubite.com
COOKIE STATEMENT UBITE B.V.
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This site uses different types of cookies. We use necessary, preference, statistics and marketing cookies. Please see below for an overview of the (third-party) cookies we use.
PERSONAL DATA
In some cases, cookies can save your personal data. For more information about the way we handle your personal data please see our Privacy Statement.
CHANGE OF COOKIE POLICY
UBITE can change its cookie policy unilaterally. In the case of significant changes to the policy, this will be communicated clearly on our website.
QUESTIONS OR COMPLAINTS
If you have any questions or complaints regarding this Cookie Statement or about the way we place cookies please contact us at info@ubite.com.
ACTIVATION, DEACTIVATION AND REMOVAL OF COOKIES
You will at all times be able to withdraw your consent for the placement of cookies. You can furthermore configure your browser in such a way that cookies will not be saved. For every browser the way to achieve this is different. Please check the instructions or Help function of your browser to find out more.