General terms and conditions of delivery

These are the general terms of delivery of John Altman BV ("John Altman BV"). The address of John Altman BV is Oudegracht 192 1811 CP in Alkmaar with the Chamber of Commerce number: 63636190. In these terms and conditions, the Customer and John Altman BV together are also referred to as "Parties".

Article 1 - General
1. These general terms and conditions of delivery apply to all offers made by John Altman BV.
In addition, these terms and conditions are applicable to all agreements between John Altman BV and the buyer of Products delivered by John Altman BV (the 'client').
2. John Altman BV is authorised to amend these general terms and conditions. The most recent version of these general terms and conditions applies. The client and John Altman BV can only deviate from these terms and conditions
if this has been laid down in writing.
3. At the request of the client, John Altman BV will send these general terms and conditions of delivery free of charge. These terms and conditions can also be found on our website www.johnaltman.nl.

Article 2 - Product
John Altman BV supplies snacks/snacks such as popcorn and nuts (the "Products").

Article 3 - Offers
1. Every offer made by John Altman BV is without obligation and can be revoked by John Altman BV, unless the offer specifies a period for acceptance.
2. Every offer contains the necessary information so that it is clear to the client what its rights and obligations are. In addition, an offer must include, if possible:
a. the price, excluding taxes;
b. an overview and specification of the Products;
c. the intended date of delivery;
d. the costs of delivery;
e. the costs of packaging materials;
f. the method of payment;
g. the way in which an agreement is realised.
3. An offer is only binding when the Customer agrees with the offer in writing in the prescribed manner.
4. John Altman BV can revoke an offer accepted by the client in writing within 7 days of acceptance without stating reasons. In that case, no agreement is realised between the parties.

Article 4 - Orders
1. Orders may be placed for both periodic deliveries and one-off deliveries.
2. Orders can be placed by e-mail, by telephone or by completing the order form.
3. An order is only final after written confirmation by John Altman BV, unless otherwise stated in the offer.
4. If an order cannot be (fully) accepted, John Altman BV will make an alternative offer. In this case, the order becomes final after written acceptance of the alternative offer by the customer.
General terms and conditions of delivery
5. John Altman BV reserves the right to refuse an order without giving reasons.

Article 5 - Delivery and Transport
1. John Altman BV and the Client agree on the delivery of the Product.
2. John Altman BV will determine the manner of transport, after consultation with the Client.
3. If the Client desires a different mode of transport than the one proposed by John Altman BV, the extra costs involved will be for the account of the Client.
4. Delivery will take place within 60 days otherwise, unless otherwise agreed in writing.
5. Delivery takes place The transport does not end until 2Food has delivered the product to the end customer (wholesaler, hotel or supermarket).
6. The Customer is at all times obliged to accept the delivered product. If the Customer refuses to accept what has been delivered, the costs of additional delivery, storage and safekeeping will be borne by the Customer.
7. Damage caused during transport will be at the expense and risk of John Altman BV.
8. Delivery terms communicated by John Altman BV are indicative and do not represent a deadline.
9. John Altman BV may have an Order delivered in parts.

Article 6 - Price
1. All prices communicated by John Altman BV are in euros, excluding VAT and subject to changes and/or errors.
2. All prices include packaging costs, transport costs, shipping costs and government levies, unless stated otherwise.

Article 7 - Payment and Collection Costs
1. The Customer may pay by , bank transfer .
2. If the Customer receives an invoice he must always pay within 30 days of the invoice date.
3. If the Customer does not pay the invoice on time, he is legally in default. The Customer must in that case pay the statutory commercial interest. The interest on the amount due shall be calculated from the moment the Customer is in default until the moment of payment of the amount due in full.
4. In case of default, the Client shall owe John Altman BV all extrajudicial collection costs. For an invoice amount up to €267, these costs will be €40. For a higher invoice amount, the maximum
collection costs are as follows:
15% over the first €2,500;
10% over the part remaining thereafter, up to €5,000;
5% over the part remaining thereafter, up to €10,000;
1% over the part remaining thereafter, up to €200,000;
0.5% over the remaining part, with a maximum of €6,775.
5. The full claim of John Altman BV on the Client is immediately due and payable if:
a. the Client exceeds a payment term;
b. the Client is bankrupt or in suspension of payments;
c. the Client (legal entity) is dissolved or liquidated;
d. the Client (natural person) is placed under guardianship or dies.

Article 8 - Retention of title
1. All Products delivered by John Altman BV remain the property of John Altman BV until the client has fulfilled its payment obligations in full.
2. The client will do everything that can reasonably be expected of it to safeguard the property of John Altman BV.
3. If third parties seize goods delivered under retention of title or wish to establish or assert rights to them, the client is obliged to inform John Altman BV as soon as possible
.
4. The client hereby grants unconditional and irrevocable authorisation to John Altman BV to enter all places where the property of John Altman BV is located in order to retrieve this property in case it wishes to exercise its property rights.

Article 9 - Verification and complaint settlement
1. John Altman BV delivers the Products with a delivery note, which the parties sign. The receipt serves as a record of the quantity of Products delivered for that delivery.
2. Immediately after delivery, the client must inspect whether the quality and quantity of the Products are in accordance with what the Parties have agreed upon.
3. The client must notify John Altman BV in writing of any visible defects or complaints within 14 days of delivery. The client must notify John Altman BV in writing of any non-visible defects 30 days after their discovery. The notification must contain a detailed description of the defect.
4. The client is obliged to accept the purchased Products upon delivery of an Order, even if an Order is (partly) incorrect. If the Customer refuses to take delivery of the purchased Products, the costs for extra delivery, storage and conservation shall be at the expense of the Customer.
5. If the Customer files a complaint in time, this does not suspend its payment obligation.
6. In case of a defect, John Altman BV will, at its own discretion, repair or replace the Product or compensate the Client, unless:
a. the client did not notify its complaint in time, as described in this article;
b. the Products are no longer identifiable as originating from John Altman BV;
c. the defects are the result of normal wear and tear, incorrect or inexpert handling;
d. the client did not store the Products in the usual way;
e. John Altman BV did not have the opportunity to examine the Products;
f. the client did not fulfil its obligations towards John Altman BV, for whatever reason.
7. If it has been established that a complaint is unfounded, the costs incurred by John Altman BV as a result of this (such as investigation costs) will be entirely at the expense of the client.

Article 10 - Return
1. After consent and in consultation with John Altman BV, the client can return (a part of) an order.
John Altman BV will notify the client of the procedure to be followed.
2. The client is responsible for the return shipment at its own expense and risk.
3. After receipt of a return shipment, John Altman BV will immediately check the returned products
and refund the purchase amount within 30 days if the products:
a. have not been used;
b. have not been damaged; and
c. are still in their original packaging.
4. Reselling, leasing, or otherwise using or giving away the Products will invalidate the right of return.

Article 11 - Warranty
1. John Altman BV provides a half year warranty on all Products.
2. No warranty is given in the event of one of the situations referred to in paragraph 5 of the article "Inspection and complaints procedure".
3. John Altman BV has the right to fulfill its obligations under the warranty by repairing, delivering a replacement product or by refunding the invoice value. Repayment of the invoice value can only be made to the account number from which the invoice was paid.

Article 12 - Liability and indemnification
1. John Altman BV guarantees that the Product meets all relevant regulations and the usual requirements made of it.
2. Minimal deviations in, for example, dimensions, numbers, weight and colours cannot be considered a shortcoming by John Altman BV.
3. John Altman BV is not liable for damage, loss, third-party claims, loss of data, fines or costs arising from an agreement or from the use of the Product.
4. In the event that John Altman BV is liable, this liability is limited to the invoice value with a maximum of €1000.00.
5. In all cases, the liability of John Altman BV is limited to the amount paid out by its insurer.
6. The liability restrictions in this article do not apply if the damage can be attributed to intent or gross negligence on the part of John Altman BV.

Article 13 - Limitation period
The limitation period for all claims and defences against John Altman BV is one year.

Article 14 - Intellectual property
1. John Altman BV guarantees that the Products do not violate Dutch intellectual property rights.
2. Unless otherwise agreed upon in writing, John Altman BV retains all intellectual property rights to the delivered Products, plans, documents, illustrations, drawings, software, creations and the
related information. This also applies if costs have been charged for this or if improvements have been made later.

Article 15 - Secrecy and privacy
1. Unless there is a legal or professional obligation to disclose, the parties will keep all mutual information confidential from third parties.
2. John Altman BV will not use the information given by the client for any purpose other than the one for which it was given, except in the event John Altman BV acts in a procedure where these data may be of importance.
3. The parties will not disclose the content of agreements, order confirmations, offers, reports, advice or other written or unwritten statements of each other and will ensure that third parties cannot see the content thereof.

Article 16 - Termination
1. John Altman BV is authorised to terminate the agreement with the Customer with immediate effect, without any notice of default being required, if the Customer:
1. is declared bankrupt;
2. is granted a suspension of payment;
3. applies for another statutory or informal debt rescheduling arrangement;
4. is the subject of an attachment order;
5. is the subject of a prejudgment attachment and this attachment is not lifted within 30 days; or
6. is placed under guardianship or administration.
2. After termination, the article 'Retention of title' remains valid between the Parties.

Article 17 - Force majeure
1. In the event of force majeure, John Altman BV is authorised to suspend the obligations ensuing from the agreement. If this period lasts longer than two months, either party may dissolve the agreement, without
being liable for compensation.
2. In case John Altman BV has partially fulfilled its obligations and the fulfilled part has independent value, John Altman BV is authorised to invoice the fulfilled part.

Article 18 - Nullity
If any part of these conditions is void or voidable, this does not affect the validity of the rest of the conditions. The void or annulled part is replaced by a provision that follows the content of the void provision as much as possible.

Article 19 - Conflicting clause
In the event that these general terms and conditions of delivery and an agreement contain conflicting clauses, the clauses included in the agreement shall apply.

Article 20 - Applicable law
Dutch law.

Article 21 - Competent court
Amsterdam.