General terms

Libra Energy BV is a trading company. It is established in Castricum, the Netherlands, and registered in the Trade Register under Chamber of Commerce registration number 37140128. Libra’s clients can only be persons that trade in the practice of a profession or operation of a business.

1. Applicability of General Terms and Conditions

1.1 These General Terms and Conditions apply to all offers, agreements and deliveries of Libra, unless explicitly agreed otherwise in writing. In no case other terms and conditions and/or provisions will be accepted.

2. Agreements

2.1 Libra is bound by an agreement only if it sends the client a written offer or order confirmation which is integrally accepted by the client in writing or by e-mail within three days.

3. Prices and payment conditions

3.1 The prices offered or confirmed by Libra concern only the goods referred to in the offer or confirmation. Libra will invoice separately for the costs of shipment and additional charges at the cost price paid by Libra.

3.2 Prices offered or confirmed by Libra are subject to change as a result of external factors over which Libra has no control. Price increases related to this are charged on if more than a month has passed or will pass between the date of the agreement and the date of delivery.

3.3 Payments discharge the client only if they are made by means of a transfer to the bank account number with the name shown in the invoice.

3.4 Every invoice from Libra must be paid within eight days of the invoice date and before the date of the shipment of the products, unless otherwise agreed in writing.

3.5 In the event of late payment, the client is in default and trading interest becomes payable at the legal rate from the invoice date.

3.6 Payment is due without any discount or settlement.

3.7 If the client fails to pay in time, Libra has the right to transfer its receivable to a collection agency. The extra-judicial collection costs are borne by the client. They shall amount to at least 15% of the invoice amount plus the interest payable.

4. Delivery, force majeure

4.1 Libra is a trading company and maintains only limited stocks itself. Agreed delivery times are indicative only. In addition to force majeure, within the meaning of the Law, non-delivery, late delivery or incorrect delivery by Libra’s suppliers or carriers constitute force majeure on Libra’s part.

4.2 If, for any reason whatsoever, a situation of force majeure lasts for more than three weeks after the indicative delivery time given, both parties have the right to dissolve the agreement in relation to any part not yet performed. The client holds this right only after it has summoned Libra to comply and has set a reasonable term for this.

4.3 Delivery takes place only after payment by the client to Libra of all amounts owed, unless otherwise agreed in writing.

5. Transfer of liability for risks

5.1 Het risico gaat over op afnemer zodra de zending is overgedragen aan de persoon die het vervoer van de zending verzorgt of wanneer de goederen ons magazijn verlaten voor verzending.

5.2 Als op de locatie van aflevering de afnemer niet aanwezig is, zal het materiaal op het afleveradres mogen worden achtergelaten voor rekening en risico van afnemer.

6. Guarantees, liability

6.1 The manufacturer of the goods that are the subject of or related to the agreement is liable for the delivered goods, to the exclusion of Libra. Consequently, only the manufacturer provides a guarantee

6.2 for the delivered goods. Libra is not liable, even if the manufacturer provides no guarantee or an inadequate guarantee.

6.3 At the client’s earliest request, Libra will transfer its rights in respect of the producer to the client as far as possible.

6.4 Libra is liable only for damage caused by malicious intent or gross negligence on its own part. If Libra is liable, its liability is limited to the value of the delivered goods as shown in the invoice.

7. Reservation of ownership

7.1 Libra reserves ownership of the goods until all its receivables in relation to those goods have been settled.

7.2 The client is required to treat the goods with due care; in particular, the client is required to duly insure at its own expense these goods against damage caused by fire, water and theft, at the new value.

7.3 The client must notify Libra in writing without delay in the event of garnishment/foreclosure by third parties or bankruptcy or the threat thereof, a moratorium on payments or a debt rescheduling arrangement, to enable Libra to take appropriate measures to protect its interests.

8. Final provisions, choice of law and authorisation

8.1 The inapplicability, invalidity, nullity or nullification of a provision of the agreement and these General Terms and Conditions is without prejudice to the applicability and validity of the other provisions.

8.2 All disputes between the parties relating to agreements with Libra are governed by Dutch law. The District Court of Amsterdam has sole competence to hear such disputes.