General Terms & Conditions
General terms & conditions
Effective date: 1st of January 2020
Article 1. Definitions
1.1. UV Defense Jars: The private company with limited liability Miron Violetglass B.V., with its registered offices in
Hoogeveen, the Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under
number 69094675, or any of its group companies.
1.2. The Other Party: Any party which has or will have a contractual relationship of any nature with UV Defense Jars.
1.3. The Parties: UV Defense Jars and the Other Party jointly.
1.4. The Products: each and any product manufactured, sold, distributed and/or supplied by UV Defense Jars, including but
not limited to (violet) glass and accessories.
Article 2. Conclusion of a contract and amendments
2.1. All quotations issued by UV Defense Jars are free of obligation, even if a deadline for acceptance is stipulated.
2.2. UV Defense Jarsshall at all times be entitled to revoke the offer or quotation as long as such offer or quotation has not
been accepted by the Other Party.
2.3. UV Defense Jars shall not be obliged to execute any accepted quotations if they are based on manifest (writing) errors.
2.4. Acceptance by the Other Party of an offer of UV Defense Jars, stipulating the applicability of the Other Party’s general
(purchasing) conditions (whether or not to the exclusion of UV Defense Jars general conditions) shall not have any
effect insofar as it involves the applicability of the Other Party’s conditions and/or the exclusion of UV Defense Jars
conditions. Article 19 of the Vienna Sales Convention (CISG) shall not apply. The provisions of the following
clause shall remain fully applicable.
2.5. The general terms and conditions (of purchasing) of the Other Party are expressly rejected by UV Defense Jars.
2.6. These general terms and conditions apply to all current and future legal relationships between UV Defense Jars and the
Other Party.
2.7. Insofar as the agreement between UV Defense Jars and the Other Party deviates from the provisions of these general
terms and conditions, the content of the agreement shall prevail.
2.8. Any amendments to the agreement (including the general terms and conditions) between parties can be
substantiated only by written documents. Any deviating stipulations shall apply only to the agreement for
which stipulations have been formulated.
2.9. Either party shall pay its own costs incurred during the negotiations and preparations leading to the agreement.
2.10. Any amendments to the order’s composition shall lead to amendments to the delivery term. If the Other Party
amends its order, it shall automatically accept the change to the delivery time.
Article 3. Delivery and risk
3.1. The Products shall be delivered Ex-works (EXW) as specified in the applicable lncoterms (as from 1 January
2020 being the Incoterms 2020) from the address Stephensonstraat 57, 7903 AS Hoogeveen, the Netherlands,
unless provided otherwise in MIRON’s order or order confirmation or as specifically agreed otherwise between
UV Defense Jars and the Other Party.
3.2. Notwithstanding Article 3.1, UV Defense Jars and the Other Party can agree in writing that UV Defense Jars arranges for the
transport. The Other Party shall in each and any case bear the full risks, including but not limited to risks related
to storage, loading, transport, insurance and unloading.
3.3. UV Defense Jars shall provide the Other Party at its request with all the details required for to arrange adequate
transport insurance upon the request of the other party. The Other Party acknowledges and accepts that
UV Defense Jars will not transport Products without adequate transport insurance. The costs in relation to (arranging
for) transport insurance shall always be for the Other Party.
3.4. If it has been agreed that MIRON is responsible for transport, the Other Party shall as soon as possible provide
UV Defense Jarswith the details required for transport, including but not limited to the correct and complete Customs
documents. The Other Party shall bear the risk regarding the completeness and/or correctness of the details.
Any delay in delivery time due to a delay at Customs, whether or not this is due to the incomplete or incorrect
provision of details by the Other Party, shall be for the Other Party’s risk and expense.
3.5. If Products are not accepted by the Other Party due to force majeure or due to its failure to comply with its
acceptance obligations, or if they cannot be transported to their destination,UV Defense Jars shall be entitled to store
these Products at the Other Party’s risk and expense, and may require payment without the Other Party being
entitled to suspend payment.
3.6. If the Other Party fails to meet its acceptance obligations, UV Defense Jars shall be entitled to sell the Products following
expiry of a period of 4 weeks after the Products should have been accepted, and to do so on behalf of the Other
Party and at a reasonable price to be determined by UV Defense Jars. In that case, UV Defense Jars shall be entitled to set off
the purchase price paid to the Other Party against all its claims against that party, including its compensation
claims.
3.7. The loss of or damage to the Products after the risk has been transferred to the Other Party shall not release
the Other Party from its obligations to pay the price, unless the loss or damage can be fully attributed to an
intentional act aimed at causing that damage or gross negligence on the part of UV Defense Jars.
3.8. Stated and/or agreed delivery terms provided by UV Defense Jars are always estimates and are never firm deadlines.
Delivery times shall not commence until advance payment has been received by UV Defense Jars. UV Defense Jars reserves the
right to deliver the agreed quantity of goods in batches. If payment in advance has been agreed, the ordered
goods will be reserved for a period of 14 days. If no payment has been received following expiry of that period,
UV Defense Jars shall have the right to deliver the goods to third-parties.
3.9. The Other Party is not entitled to dissolve the agreement due to the expiry of a stated deadline before it has
given MIRON, after its failure to deliver within the agreed delivery term, a reasonable period of time in writing
to deliver the goods, and delivery within that period has not taken place either.
3.10. The period referred to in the previous clause shall not be less than 1 month.
3.11. The Other Party shall not be entitled to dissolve the agreement if the late delivery can be (partly) attributed to
the Other Party.