Terms and conditions of use
General Terms and Conditions of the Limited Liability Company, Europe West Indies Trading Company B.V. (EWT), Chamber of Commerce number 60865
Article 1 General
1.1 These General Terms and Conditions of EWT shall apply to all offers of EWT and all contracts between EWT and its customers.
1.2 All employees of EWT and all third parties designated by EWT in the performance of its activities may invoke these General Terms and Conditions against EWT's customers.
1.3 Any terms and conditions used by the customer are expressly rejected by EWT, unless expressly agreed otherwise in writing between EWT and the customer.
Article 2 Offers and Prices
2.1 All offers and quotations of EWT are without obligation and exclusive of sales tax (OB).
2.2 EWT's prices are in Antillean guilders (ANG), unless otherwise stated.
Article 3 Payment
3.1 Upon delivery, EWT will provide its customers with a three-part invoice consisting of one white invoice and, under it, two exact carbon copies. Upon delivery, the customer must initial the invoice plus copies. The white invoice constitutes proof of delivery only and expressly does not constitute proof of payment, unless EWT expressly states on such invoice that payment has been made.
3.2 Payment shall be made in the way specified by EWT on the invoice. In the event no payment is made within the period of time stated in this paragraph, the customer shall immediately be in default, without the need for any further notice of default.
3.3 EWT shall at all times be authorized to require that the full invoice amount, or any part thereof to be determined by EWT, be paid in advance prior to or at the time of delivery of goods and/or work to be performed.
3.4 In the event of failure to comply with any (payment) obligation in a timely fashion, the customer shall owe EWT compound interest (interest on interest) equal to 1% per month as of the date of the default. In addition, in the absence of timely payment, the customer shall owe 15% extrajudicial collection charges, with a minimum of ANG 250.00 per (payment) obligation.
Article 4 Delivery and Transfer of Risk
4.1 Delivery times of EWT shall never be final, unless expressly agreed otherwise.
4.2 The customer has an obligation to check both the quantity and the quality of any goods delivered, immediately upon delivery.
4.3 As of the time of delivery of goods, the risk shall pass to the customer.
Article 5 Complaints
5.1 Any complaints must be filed with EWT in writing within 14 days after delivery, except if the goods delivered are perishables, in which case any complaints must be filed within 3 days after delivery. No complaints shall be accepted after the deadlines provided in this paragraph.
5.2 The customer has an obligation to store any delivered goods appropriately, in default of which no complaints regarding the goods in question shall be accepted by EWT.
5.3 Any complaints about invoices must be filed with EWT within 14 days after the invoice date. After 14 days, the customer shall be considered to have approved the invoice.
5.4 Filing a complaint shall not entitle the customer to suspend any of its own obligations.
Article 6 Reservation of Title
6.1 As long as the customer has not paid the full price for the delivery of goods, EWT shall remain owner of the goods delivered.
6.2 The customer authorizes EWT to enter all spaces belonging to the customer and to any businesses or persons affiliated with the customer for the purpose of enabling EWT to gain power over the goods delivered subject to reservation of title, and to inspect the goods or cause the goods to be inspected at any time.
6.3 When a third party seizes any goods with regard to which title has not yet passed to the customer, the customer shall inform EWT of such seizure in writing immediately.
Article 7 Liability
7.1 In the event EWT's activities result in liability, the following items shall be excluded from compensation: business interruption damage, consequential damage, loss of profit, injury, loss of income, and any other sort of damage arising from using the delivered goods for any purpose other than the purpose they are intended for and/or from using the delivered goods injudiciously.
7.2 Liability shall always be limited to the amount paid in a specific case under EWT's liability insurance applicable to such case. 7.3 If, for any reason, no payment is received by virtue of the insurance referred to in Article
7.3 (sic), any liability shall be limited to the amount of the invoice concerning the delivery/work by EWT such liability derives from.
Article 8 Indemnity
8.1 The customer shall indemnify EWT and all persons working for EWT and all persons involved in the performance of work by EWT against any claims of third parties, 3/3 including reasonable fees for legal assistance for the purpose of refuting any claims that may arise from or be related to noncompliance or unlawful behavior by EWT or by such persons, in connection with the work performed or to be performed.
Article 9 Location of General Terms and Conditions
9.1 These General Terms and Conditions are available for perusal at the Chamber of Commerce and Industry in Curaçao and have been posted on EWT's website.
9.2 At the customer's request, EWT shall send the General Terms and Conditions free of charge
Article 10 Applicable Law and Jurisdiction
10.1 All contracts with EWT and any disputes arising from such contracts shall be subject exclusively to Curaçao law.
10.2 Any disputes between EWT and the customer shall be submitted exclusively to the Court of First Instance of Curaçao.
Willemstad, September 24, 2013