GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

Damkot Trading

Damkot Trading, located at Tinbergenstraat 20, 7102 JL Winterswijk, The Netherlands, registered with the Dutch Chamber of Commerce under number 71736549, applies the following general terms and conditions to all offers, agreements, sales and deliveries.

Article 1 – Definitions

In these terms and conditions the following definitions apply:

Damkot Trading
The seller engaged in the purchase, refurbishment, sale, export and recycling of forklift trucks, transport equipment, industrial batteries, chargers, spare parts and related machinery.

Client
Any natural or legal person acting in the course of business who enters into an agreement with Damkot Trading.

Products
All goods sold by Damkot Trading including but not limited to forklift trucks, warehouse equipment, industrial batteries, chargers, spare parts, attachments and accessories.

Agreement
Any agreement between Damkot Trading and the Client relating to the sale and delivery of Products.

Offer / Quotation
Any proposal issued by Damkot Trading regarding the sale of Products.

Article 2 – Applicability

2.1 These general terms and conditions apply to all offers, quotations, agreements and deliveries of Damkot Trading.

2.2 By placing an order or accepting delivery, the Client accepts these general terms and conditions.

2.3 The applicability of the Client’s own terms and conditions is expressly rejected.

2.4 Deviations from these terms are only valid if explicitly agreed in writing.

2.5 If any provision is invalid or unenforceable, the remaining provisions remain fully applicable.

Article 3 – Offers and Quotations

3.1 All quotations issued by Damkot Trading are non-binding unless explicitly stated otherwise.

3.2 Quotations are valid for 30 days unless stated otherwise.

3.3 Damkot Trading cannot be held to quotations containing obvious mistakes or clerical errors.

3.4 Images, specifications, weights, dimensions and descriptions are indicative only.

3.5 Minor deviations do not entitle the Client to cancel the agreement.

3.6 Damkot Trading reserves the right to refuse orders without stating reasons.

Article 4 – Prices

4.1 All prices are stated in EUR.

4.2 All prices are exclusive of VAT unless explicitly stated otherwise.

4.3 Any applicable VAT, duties, taxes or governmental levies shall be borne by the Client.

4.4 Transport, packaging, export documentation and administrative costs are not included unless explicitly agreed.

4.5 Damkot Trading reserves the right to adjust prices if cost factors change.

Article 5 – Payment

5.1 Payment must be made in advance, unless otherwise agreed.

5.2 Delivery will only take place after full payment has been received.

5.3 The Client is not entitled to suspend or offset payment.

5.4 In case of late payment the Client owes 2% interest per month.

5.5 All collection costs are borne by the Client.

5.6 Extrajudicial collection costs amount to 15% of the outstanding amount with a minimum of €40.

Article 6 – Delivery

6.1 Delivery takes place ex warehouse Winterswijk, unless otherwise agreed.

6.2 Delivery times are indicative only and never strict deadlines.

6.3 Damkot Trading is not liable for transport delays.

6.4 Risk transfers to the Client when the Products are made available for pickup or shipment.

6.5 The Client is responsible for unloading equipment.

6.6 Additional costs caused by refusal of delivery or absence will be charged to the Client.

Article 7 – Inspection and Complaints

7.1 The Client must inspect the Products immediately upon delivery.

7.2 Visible defects must be reported in writing within 24 hours after delivery.

7.3 Hidden defects must be reported within 7 days after discovery, and no later than 30 days after delivery.

7.4 After these periods the Client is deemed to have accepted the Products.

Article 8 – Sale of Used Equipment (AS-IS)

8.1 All Products are sold strictly on an “AS IS – WHERE IS – WITH ALL FAULTS” basis.

8.2 The Client acknowledges that Products may be used or refurbished equipment.

8.3 Products may contain wear, repairs, technical defects or hidden imperfections.

8.4 The Client confirms that it had the opportunity to inspect the Products before purchase.

8.5 Damkot Trading provides no warranties of any kind, express or implied.

8.6 Any implied warranties including but not limited to merchantability, durability or fitness for a particular purpose are excluded.

8.7 To the maximum extent permitted by law, Damkot Trading excludes liability for non-conformity under Article 7:17 Dutch Civil Code.

Article 9 – Forklifts and Technical Equipment

9.1 Forklift trucks and transport equipment are sold as used industrial machinery.

9.2 No guarantees are given regarding:

mechanical condition
electronic systems
safety systems
maintenance status
operational lifespan

9.3 The Client is responsible for inspection, maintenance and safe use of the equipment.

Article 10 – Battery Disclaimer

10.1 Batteries supplied with forklifts or sold separately are sold strictly on an AS-IS basis.

10.2 Damkot Trading does not guarantee battery capacity, charging performance or remaining lifespan.

10.3 Batteries are consumable industrial components whose performance depends on usage history and maintenance.

10.4 The Client accepts that used batteries may have reduced capacity or limited runtime.

10.5 Statements regarding battery condition are indicative only.

Article 11 – Hour Meter Disclaimer

11.1 Hour meter readings are provided for informational purposes only.

11.2 Damkot Trading does not guarantee the accuracy of hour meter readings.

11.3 Hour meters may have been replaced, reset or malfunctioning.

11.4 Hour readings shall never constitute a warranty.

Article 12 – Hidden Defects

12.1 Used machinery may contain hidden defects not visible at the time of sale.

12.2 The Client accepts these risks.

12.3 Damkot Trading shall not be liable for hidden defects discovered after delivery.

Article 13 – Export and Compliance

13.1 The Client is responsible for compliance with all laws and regulations in the destination country.

13.2 Damkot Trading does not guarantee compliance with foreign safety or import regulations.

13.3 Any modifications required for compliance are at the Client’s expense.

Article 14 – Retention of Title

14.1 All Products remain the property of Damkot Trading until full payment has been received.

14.2 The Client may not sell, pledge or encumber Products before ownership transfers.

14.3 Damkot Trading may reclaim Products in case of non-payment.

Article 15 – Liability

15.1 Damkot Trading is only liable for direct damages caused by intent or gross negligence.

15.2 Liability is limited to the invoice value of the Products concerned.

15.3 The maximum liability is limited to €10,000.

15.4 Damkot Trading is never liable for:

loss of profit
business interruption
indirect damages
consequential damages

15.5 The Client indemnifies Damkot Trading against third-party claims.

Article 16 – Force Majeure

16.1 Damkot Trading is not liable for failure to perform due to force majeure.

16.2 Force majeure includes but is not limited to:

strikes
pandemics
supplier failures
transport disruptions
government measures

16.3 During force majeure Damkot Trading may suspend obligations.

Article 17 – Cancellation

17.1 Cancellation by the Client is only possible with written consent.

17.2 In case of cancellation Damkot Trading may charge the full purchase price.

Article 18 – Limitation Period

All legal claims against Damkot Trading expire 12 months after delivery.

Article 19 – Applicable Law and Jurisdiction

19.1 Dutch law applies to all agreements.

19.2 The Vienna Sales Convention (CISG) is excluded.

19.3 Disputes shall be submitted exclusively to the competent court in the district where Damkot Trading is established.

Article 20 – Final Provisions

20.1 The Dutch version of these terms prevails in case of interpretation.

20.2 These terms apply to all future agreements between Damkot Trading and the Client.

Met vriendelijke groet | mit freundlichen grüßen | Kind Regards

Nico Damkot

Nico@damkottrading.eu
+31 (0) 543-216068