General Terms and Conditions of EZ Electric Power Steering

Chapter 1 – General provisions

Article 1 – Definitions.

In these general terms and conditions, the following definitions shall apply:

1. EZ Electric Power Steering: EZ Electric Power Steering B.V., located at Energieweg 21a, 4143 HK in Leerdam, registered with the Chamber of Commerce under number 63618214.
2. Seller / Entrepreneur: EZ Electric Power Steering B.V.
3. Customer / Buyer: any natural or legal person who enters into an agreement with Seller.
4. Product(s): all items offered and delivered by Seller, including, but not limited to, the EZ power steering.
5. EZ power steering: the complete set of items that together after assembly and installation function as electric power steering in suitable vehicles.
6. Vehicle: what is understood by it in common Dutch parlance.
7. Agreement: any agreement between Seller and Customer relating to the sale, delivery and/or installation of Products.
8. Order: the agreement whereby Seller undertakes to install EZ power steering in a Vehicle provided by Customer.

Article 2 – Applicability and ranking

1. These general terms and conditions apply to all offers, quotations, agreements, deliveries, work and invoices of Seller.
2. If the Agreement is established (in part) through the Seller’s website, the provisions of Section 3 shall additionally apply.
3. Deviations from these terms and conditions are valid only if confirmed in writing by Seller.
4. If there is a contradiction between the provisions of different chapters, the following order of precedence applies:
   a. Chapter 4 (Warranty and Liability);
   b. Chapter 3 (Webshop and Distance Contract);
   c. Chapters 1, 2 and 5.
5. Applicability of any general terms and conditions of Customer is expressly rejected.

Article 3 – Applicable law

All Agreements are governed exclusively by Dutch law.

Chapter 2 – Agreement, payment and performance

Article 4 – Establishment of the agreement

1. All offers are without obligation unless otherwise expressly stated.
2. The Agreement is established by written or electronic confirmation by Seller, or by Seller’s actual execution of the Agreement.
3. Seller shall be entitled to require a deposit of 25% of the agreed price before commencing performance.

Article 5 – Prices and payment

1. Prices are expressed in euros.
2. For agreements through the website, prices include VAT unless otherwise indicated.
3. For other agreements, prices are exclusive of VAT unless otherwise agreed in writing.
4. Payment shall be made within the period specified by Seller.
5. In the event of non-timely payment, Customer shall, after notice of default, owe the statutory interest rate.

Article 6 – Delivery, installation and ownership

1. Delivery of Products shall be made only after full payment has been made, unless otherwise agreed in writing.
2. Delivery by shipment shall be at Customer’s risk.
3. Customer warrants that it has power of disposal over the Vehicle and that it is lawfully in its possession.
4. Customer warrants that the Vehicle is adequately insured while it is with Seller.
5. Seller reserves ownership of the Products until Customer has paid in full.
6. Seller is entitled to retain the Vehicle until all payment obligations have been fulfilled (right of retention).

Chapter 3 – Webshop and distance contract

Article 7 – Ordering and delivery through the website

1. The Agreement comes into effect the moment Customer accepts the offer through the website.
2. Seller acknowledges receipt of the order electronically.
3. Stated delivery times are indicative and do not entitle you to compensation.

Article 8 – Right of withdrawal (consumers).

1. Consumers have the right to revoke the Agreement within 14 days of receiving the Product without giving reasons.
2. During the cooling-off period, the consumer should handle the Product with care.
3. The cost of return shipping shall be borne by the consumer.
4. The right of withdrawal is excluded for customized and assembled Products to the extent permitted by law.

Article 9 – Privacy

Seller processes personal data in accordance with applicable privacy laws. Further information can be found in the privacy policy on the website.

Chapter 4 – Warranty and liability

Article 10 – Warranty

1. Seller warrants proper and undisturbed operation of the EZ power steering for 24 months after delivery.
2. Excluded from warranty are defects resulting from:
   • improper use;
   • use contrary to the intended purpose of the Vehicle;
   • overloading of the Vehicle;
   • gross carelessness or intent;
   • use under the influence of alcohol, narcotics, or medication affecting driving ability.
3. Warranty is void if assembly has not taken place in accordance with instructions.

Article 11 – Motorsport exclusion

1. Warranty and liability are excluded for both personal injury and damage to automobiles used in the context of motor or rally racing, insofar as it involves contests or activities involving speed, time measurement or competitive driving, including, but not limited to, races, speed trials, track days and similar events, regardless of whether they take place on public roads, a race track or unpaved terrain.
2. By contrast, the coverage shall continue to include the use of automobiles during tour tours, regularity rides, puzzle rides and skill rides, as well as participation in rallies in which no element of speed and compliance with traffic regulations.
3. The mere driving over or use of (parts of) a track as part of such an event, without any competition or speed element, shall not be considered motor or rally racing within the meaning of this exclusion.

Article 12 – Limitation of liability.

1. Seller’s liability is limited to a maximum of the invoice amount plus 100% thereof.
2. In case of injury or death damages, liability is limited to the amount covered by liability insurance.
3. Seller is not liable for indirect damages, except to the extent prohibited by mandatory law.

Chapter 5 – Final provisions

Article 13 – Complaints

Complaints should be reported in writing within a reasonable time after discovery.

Article 14 – Disputes.

1. Disputes shall be submitted to the competent court in the district where Seller is located.
2. For consumers, this provision applies only to the extent permitted by law.

Article 15 – Modification of conditions

Seller reserves the right to modify these terms and conditions. Changes will be announced in a timely manner.