Terms of service

GENERAL TERMS AND CONDITIONS

Article 1. GENERAL
1.1. These terms and conditions apply to all offers and agreements concerning the sale/purchase of goods and/or the assignment and services of SURE Mobility B.V., hereinafter referred to as SURE Mobility B.V.
1.2. Additions or deviations from these terms must be agreed upon in writing and shall apply only to the specific agreement for which they were made.
1.3. The rights and obligations arising from agreements between SURE Mobility B.V. and the other party cannot be transferred by the other party to third parties without written consent from SURE Mobility B.V.
1.4. Contrary general terms, including those of the other party, are not accepted by SURE Mobility B.V. unless otherwise agreed in writing and confirmed by SURE Mobility B.V.

Article 2. OFFERS
2.1. All offers are non-binding and valid for 14 days unless otherwise agreed in writing. An offer with a term may still be revoked by SURE Mobility B.V., even after receipt of the order, provided this is done within 5 working days after receiving said order.
2.2. Colors, descriptions, dimensions, prices, etc., stated in price lists, quotations, and other documents are for informational purposes only. They are approximate and not binding on SURE Mobility B.V.

Article 3. AGREEMENTS
3.1. An agreement is concluded through acceptance by the other party of an offer or quotation from SURE Mobility B.V., or through signature by both parties of a written or digital agreement.

Article 4. PRICES
4.1. All prices are exclusive of VAT and transportation costs unless agreed otherwise.
4.2. If, after the agreement is concluded, prices of materials, taxes, or other cost-influencing factors change, SURE Mobility B.V. is entitled to pass on such price changes. If price increases exceed 10%, the other party may dissolve the agreement in writing within seven days after notification, without entitlement to any compensation.

Article 5. PAYMENT
5.1. Payment is due upon delivery unless agreed otherwise. If post-invoice payment is agreed, it must occur within 14 days of the invoice date.
5.2. The other party is in default if payment is not made within the period in section 1, without any notice of default being required.
5.3. SURE Mobility B.V. may charge 1.5% interest per month on the outstanding amount from the due date.
5.4. All extrajudicial and judicial costs incurred by SURE Mobility B.V. regarding a dispute with the other party are for the other party's account. Extrajudicial collection costs are 15% of the outstanding amount, with a minimum of €500.00.

Article 6. DELIVERY TIME, DELIVERY, RISK
6.1. Delivery terms are approximate, even if explicitly accepted by the other party. SURE Mobility B.V. is only in default after a written notice of default.
6.2. Delivery terms are extended for delays due to:

  • Manufacturing, shipping, or other hindrances;

  • The other party not meeting obligations;

  • The other party not enabling SURE Mobility B.V. to fulfill the contract (e.g., not providing delivery location or required data).
    6.3. Goods must be accepted and inspected upon delivery. Refusal or impossibility of delivery will result in storage at the expense and risk of the other party. SURE Mobility B.V. retains the right to claim compliance or terminate the agreement and seek damages.

Article 7. EXECUTION, REPAIR, MAINTENANCE, DAMAGE ASSESSMENT
7.1. The other party may request an estimated price and completion term before or upon assignment of repair work. These are approximate unless a fixed price is agreed.
7.2. A detailed invoice will be provided for the work performed.
7.3. If goods are not collected within three working days after notification, storage costs may be charged.
7.4. Replaced parts will be made available upon request unless they relate to warranty claims.
7.5. For damage assessments, 10% commission of the estimated value will be charged unless the repair is assigned to SURE Mobility B.V.
7.6. SURE Mobility B.V. may subcontract or delegate work to third parties.
7.7. SURE Mobility B.V. will perform the agreement to the best of its ability and craftsmanship.
7.8. The other party must timely provide all necessary information and facilities.

Article 8. WARRANTY
8.1. SURE Mobility B.V. is deemed to have fulfilled its obligations if the delivered products meet normal commercial quality.
8.2. Warranty is valid only with proper and prescribed use as per product information.
8.3. Warranty is void in cases including (but not limited to):

  • Improper installation, operation, or maintenance;

  • Exposure to abnormal conditions or careless use;

  • Normal wear and tear;

  • Government regulations affecting materials;

  • Use of parts/materials requested by the other party;

  • Use of third-party components;

  • If the other party is in default;

  • If SURE Mobility B.V. is not notified within 10 days of defect discovery;

  • If more than one year has passed since delivery.
    8.4. No warranty is provided for onward delivery by the other party or modifications before delivery to third parties.

Article 9. COMPLAINTS
9.1. Products must be checked upon delivery. Complaints must be made in writing within 8 days of delivery.
9.2. If immediate reporting is not possible, complaints must be made within 8 days after the defect is or should have been discovered.
9.3. Complaints do not relieve the other party from their payment obligations.

Article 10. BREACH / TERMINATION / SUSPENSION
10.1. SURE Mobility B.V. may terminate or suspend the agreement immediately without court involvement if:

  • The other party breaches the agreement;

  • The other party dies, applies for moratorium, or bankruptcy is requested;

  • The company is liquidated or seized;
    10.2. This also applies if the other party does not provide appropriate security within seven days of being asked to do so.

Article 11. RETENTION OF TITLE
11.1. Delivery occurs under retention of title until all obligations are fulfilled.
11.2. SURE Mobility B.V. may reclaim goods if obligations are not met. This constitutes termination. The other party authorizes retrieval.
11.3. The other party may dispose of goods under retention of title during normal business. In that case, delivery must also be under SURE Mobility B.V.'s retention of title, and the other party must provide a silent pledge of claims to SURE Mobility B.V.

Article 12. LIABILITY
12.1. Liability is limited as follows:

  • If covered by insurance, to the amount paid;

  • If not, to the invoice value, up to €10,000 excl. VAT.
    Direct damage includes:

  • Material damage;

  • Reasonable costs of determining damage and liability;

  • Costs to prevent or limit damage (with proof).
    SURE Mobility B.V. is not liable for indirect or consequential damages (e.g., loss of profit or delays), nor for damages due to incorrect/incomplete information provided by the other party.
    The limits do not apply in cases of intent or gross negligence.

Article 13. FORCE MAJEURE
13.1. In case of force majeure, obligations are suspended for the duration.
13.2. If it lasts more than 6 months, both parties may terminate the agreement.
13.3. Force majeure includes (but is not limited to): war, government measures, shortages, transport disruptions, strikes, epidemics, frost delays.
13.4. The other party may not suspend payments due to force majeure.

Article 14. PARTIAL INVALIDITY
14.1. If one or more provisions are invalid, the rest remain in force. A legally effective substitute clause will apply reflecting the original intent.

Article 15. PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
15.1. Dutch law exclusively applies.
15.2. Disputes will be resolved by the competent court in the district where SURE Mobility B.V. is located.