Company Name: Best Cost Country Sourcing Europe (also referred to as BCC Sourcing Europe)
Overview:
BCC Sourcing Europe operates as a sourcing company dedicated to supporting businesses with their needs for products, raw materials, components, and finished goods essential for various operations. Utilizing a robust network of trusted suppliers—referred to as our business partners—we provide a comprehensive solution designed to minimize total cost of ownership while securing the most efficient supply chain routes. Our approach emphasizes competitive lead times, rigorous supplier vetting, and end-to-end service, ensuring door-to-door delivery with full logistical management, including transport insurance and customs clearance.
1. Definitions and Application of Terms
1.1 Scope: These terms govern all goods and services provided by BCC Sourcing Europe unless otherwise agreed in writing.
1.2 Business Customers and Consumers: These terms outline conditions for business and consumer customers, where consumer rights are unaffected by business-specific clauses.
1.3 Suppliers: Defined as BCC Sourcing Europe’s business partners, supplying goods and services for BCC Sourcing Europe’s solutions.
1.4 Agreement Precedence: If there is any conflict between these terms and prior agreements, these terms shall prevail.
1.5 Acceptance of Terms: By placing an order, the customer accepts these terms in full.
2. Pricing and Quotations
2.1 Pricing Structure: Prices are exclusive of VAT and subject to applicable VAT rates at the time of delivery.
2.2 Additional Costs: Prices exclude any special delivery, customs, insurance, or other service fees unless otherwise agreed.
2.3 Quotation Validity: All quotations are valid for 30 days unless otherwise specified; changes in market conditions may affect pricing thereafter.
2.4 Price Adjustments: BCC Sourcing Europe reserves the right to adjust prices based on changes in material, labor, or other cost factors before dispatch.
2.5 Discounts and Rebates: Discounts are applied per agreed terms and may be revoked in the event of delayed payments.
3. Orders and Acceptance
3.1 Order Confirmation: Orders are confirmed only upon written acceptance from BCC Sourcing Europe.
3.2 Order Modifications: Changes or cancellations require BCC Sourcing Europe’s prior written agreement, which may involve additional fees.
3.3 Order Rejection Rights: BCC Sourcing Europe reserves the right to reject any order based on availability, customer history, or discretion.
3.4 Minimum Order Requirements: Orders may be subject to minimum quantity or value requirements.
3.5 Special Orders: Custom or specially manufactured goods are non-cancellable and non-refundable once production has commenced.
4. Delivery and Title Transfer
4.1 Delivery Timeline Estimates: Estimated delivery timelines are provided but are not guaranteed and may vary due to external factors.
4.2 Partial Shipments: BCC Sourcing Europe reserves the right to make partial shipments, invoicing each as a separate transaction.
4.3 Risk Transfer: Risk passes to the customer upon delivery; however, BCC Sourcing Europe retains title until full payment is received.
4.4 Delay Management: In case of delays, BCC Sourcing Europe will notify customers and may adjust schedules accordingly.
4.5 Inspection Upon Delivery: Customers should inspect goods upon receipt and report any discrepancies within 48 hours.
5. Payment Terms
5.1 Payment Requirements: Full payment is required prior to dispatch unless the customer has an approved credit account.
5.2 Credit Accounts: Credit terms, if provided, are subject to periodic review, and terms may be adjusted based on payment history.
5.3 Interest on Late Payments: Interest may be charged on overdue accounts at the maximum rate permitted by Dutch law.
5.4 Non-payment Consequences: Non-payment may result in delayed shipments, credit revocation, or legal action.
5.5 Invoice Disputes: Any invoice disputes must be submitted within 14 days of receipt; undisputed amounts remain payable.
6. Supply Chain Services
6.1 Scope of Services: BCC Sourcing Europe offers full supply chain support, including transport, insurance, and customs clearance for a complete solution.
6.2 Insurance Coverage: Goods are insured during transit as per agreed coverage limits to mitigate risks until delivery.
6.3 Customs Clearance and Duties: Customs and duties are managed by BCC Sourcing Europe unless otherwise stated; costs may be invoiced separately.
6.4 Claims and Recoveries: In case of damage or loss in transit, BCC Sourcing Europe will assist with claims under applicable insurance policies.
6.5 Customer Responsibility for Accurate Data: Customers must provide correct import/export documentation; incorrect information may result in additional fees or delays.
7. Warranties and Returns
7.1 Conformity of Goods: Goods will conform to the specifications detailed in delivery documentation.
7.2 Defect Claims: Claims for defective goods must be reported within 5 days of delivery. BCC Sourcing Europe reserves the right to inspect and assess validity.
7.3 Warranty Limitations: BCC Sourcing Europe’s liability is limited to repair, replacement, or refund of defective goods, as applicable.
7.4 Return Conditions: Returns must be pre-approved by BCC Sourcing Europe, with goods returned in original packaging.
7.5 Exclusions: Warranty does not cover misuse, damage due to modifications, or products used outside their intended purpose.
8. Liability and Indemnity
8.1 Indirect Liability Exclusion: BCC Sourcing Europe is not liable for indirect, incidental, or consequential damages.
8.2 Cap on Liability: Liability for defective products is limited to the purchase price of the goods supplied.
8.3 Customer Indemnity: Customers indemnify BCC Sourcing Europe against all claims arising from misuse, unauthorized modifications, or third-party actions.
8.4 Legal Compliance: BCC Sourcing Europe assumes no liability for goods used in violation of applicable laws or regulations.
8.5 Force Majeure Exemption: BCC Sourcing Europe is exempt from liability for delays or damages due to uncontrollable events, as specified under Clause 11.
9. Intellectual Property and Confidentiality
9.1 Usage of Customer Specifications: Customer specifications are used solely for order fulfillment and remain confidential unless otherwise agreed.
9.2 Intellectual Property Rights: Customers retain intellectual property rights for designs provided; BCC Sourcing Europe does not use these beyond contract scope.
9.3 Third-Party IP Claims: Customers indemnify BCC Sourcing Europe against third-party IP claims on designs or specifications provided by the customer.
9.4 BCC Sourcing Europe’s Proprietary Information: Proprietary methods, materials, and systems of BCC Sourcing Europe remain the company’s intellectual property.
9.5 Confidentiality Obligations: Both parties agree to maintain confidentiality on any sensitive commercial information exchanged.
10. Termination and Cancellation
10.1 Cancellation by Customer: Orders can only be canceled with written consent; cancellation fees may apply.
10.2 Termination for Breach: BCC Sourcing Europe reserves the right to cancel contracts in cases of material breach or insolvency.
10.3 Custom Product Non-Cancellability: Orders for custom or specially manufactured products are non-cancelable once production begins.
10.4 Suspension of Services: BCC Sourcing Europe may suspend services if the customer fails to meet payment terms.
10.5 Retention of Title on Termination: BCC Sourcing Europe retains title to goods until all payments, including fees and costs, are settled.
11. Force Majeure
11.1 Event Definition: Force majeure includes, but is not limited to, natural disasters, war, governmental action, and labor strikes.
11.2 Obligations Suspension: During force majeure events, BCC Sourcing Europe’s obligations are suspended, and timelines may be extended.
11.3 Notification Requirements: Parties must notify each other promptly upon occurrence of a force majeure event.
11.4 Partial Fulfillment: Where possible, BCC Sourcing Europe will aim to fulfill orders partially during force majeure events.
11.5 Resolution Attempts: Efforts will be made to mitigate delays or reschedule deliveries upon event resolution.
12. General Provisions
12.1 Governing Law: These terms are governed by Dutch law; any disputes are subject to the courts in the Netherlands.
12.2 Severability: If any term is deemed unenforceable, the remainder will continue in full effect.
12.3 Entire Agreement: These terms constitute the entire agreement between BCC Sourcing Europe and the customer, superseding all prior agreements.
12.4 Waiver: Failure to enforce any term does not waive BCC Sourcing Europe’s right to enforce it later.
12.5 Assignment: Customers may not assign their rights or obligations without written consent from BCC Sourcing Europe.
13. Notices and Amendments
13.1 Communication Method: Required notices should be sent to BCC Sourcing Europe’s registered address.
13.2 Amendments: Any amendments to these terms are only valid if made in writing and signed by both parties.
13.3 Periodic Review: BCC Sourcing Europe may periodically review and revise these terms; updates will be communicated.
13.4 Continuity of Service: Updated terms do not affect previous orders unless specifically stated otherwise.