GENERAL TERMS AND CONDITIONS

Below are the general sales and delivery conditions of MotoHero, located in Apeldoorn at Veldhuisstraat 44, 7311 PH in Apeldoorn, holding stock at Veldhuisstraat 44, 7311 PH and Ugchelseweg 99a, 7335 JT in Apeldoorn.

We sell damaged vehicles and damaged objects in the broadest sense of the word, including but not limited to cars, commercial vehicles, trucks, microcars, motorcycles, scooters, campers, caravans, trailers, semi-trailers, machinery, tractors, forklifts, pallet trucks, ladder lifts, agricultural equipment, excavators, telehandlers, and container stackers. 

Article 1 Definitions/Abbreviations 

1.1 General terms and conditions: these present general terms and conditions. 

1.2 We / MotoHero: the seller.

1.3 Buyer: the natural or legal person who enters into an agreement with MotoHero.

1.4 Written / In writing: also includes communication by email, fax, and app/sms, provided the sender’s identity and the integrity and authenticity of the message are sufficiently established. 

1.5 Agreement: the purchase agreement or pro forma invoice confirmed by the seller to the buyer. 

1.6 Price: the purchase price stated in the vehicle’s advertisement, which by default is the price excluding VAT. 

1.7 Vehicle: the damaged vehicle or vehicles. 

1.8 EEA: the European Union plus Norway, Iceland, and Liechtenstein. 

1.9 Intra-Community delivery (ICL-delivery): export of a vehicle from the Netherlands to a business in another EU country. 

1.10 VAT: Value Added Tax. 

1.11 VIES: VAT Information Exchange System (European system for the exchange of VAT information).

1.12 KvK (Dutch Chamber of Commerce): Kamer van Koophandel. 

1.13 BW (Dutch Civil Code): Burgerlijk Wetboek. 

1.14 CMR: Convention on the Contract for the International Carriage of Goods by Road.

 

Article 2 Applicability 

2.1 These general terms and conditions apply to all our offers, quotations, agreements, and deliveries, unless explicitly agreed otherwise in writing and approved by the seller.

2.2 In the event that the buyer refers to their own general terms and conditions, these seller’s general terms and conditions shall apply exclusively, unless explicitly agreed otherwise in writing. In case of conflict between the seller’s general terms and conditions and those of the buyer, the seller’s general terms and conditions shall prevail, unless agreed otherwise.

2.3 If the buyer is a legal entity, a general partnership (vof), or a limited partnership (cv), the person acting on its behalf is deemed to have personally and jointly accepted liability as debtor, unless explicitly agreed otherwise in writing. 

Article 3 Prices 

3.1 Unless otherwise stated, all sales prices are exclusive of VAT and any other taxes, levies, and costs, unless otherwise agreed between the seller and the buyer.

3.1 Unless otherwise stated, all sales prices are exclusive of VAT and any other taxes, levies, and costs, unless otherwise agreed between the seller and the buyer.

3.3 A price agreed upon is binding once the agreement between the seller and the buyer is concluded.

3.4 Any costs for delivery of the vehicle at the buyer’s location are clearly specified on the pro forma invoice.

3.5 All price quotations are non-binding and subject to errors or changes.

Article 4 Formation of the Agreement 

4.1 The seller will send the buyer a pro forma invoice clearly stating what the agreement concerns and at what purchase price.

4.2 After receiving the pro forma invoice, the buyer must immediately make a (down) payment of at least 10% of the agreed purchase price, with a minimum of €250. Only after receiving this (down) payment and confirmation by the seller does the agreement come into effect. The vehicle will then be marked as sold in all sales channels of the seller. If the buyer does not meet these conditions, no agreement will be concluded, and the seller reserves the right to sell the vehicle to another party.

4.3 If the buyer’s (down) payment is less than 10% of the stated purchase price on the pro forma invoice, no agreement is formed and the (down) payment will be refunded to the buyer.

4.4 If the buyer makes a (down) payment without notifying the seller and without any further communication regarding the purpose of that (down) payment, the buyer cannot derive any rights therefrom and no agreement comes into effect. The (down) payment will be refunded to the buyer.

4.5 Within fourteen (14) days after receipt of the (down) payment and confirmation of the agreement by the seller, the full purchase price including any agreed security deposit must be received by the seller.

4.6 If the full purchase price has not been received by the seller within the term stated in Article 4.5, the buyer is in default without the need for any notice of default or reminder, and the purchase is canceled in writing by the seller. In that case, the already paid (down) payment will not be refunded to the buyer.

4.7 The buyer is responsible for the accuracy of the provided bank details. If an amount cannot be refunded due to the buyer’s error, any costs for this are fully borne by the buyer. The seller reserves the right to set off any incurred costs against the amount to be refunded.

4.8 For a net Intra-Community delivery (ICL-delivery), the buyer must provide the seller with an extract from its business registration, showing the authorized signatory, a VIES or VAT identification number, as well as a copy of the passport of the authorized signatory. In addition, a (down) payment of at least 10% of the purchase price must be made through the buyer’s business bank account. If this requirement is not met, there will be no net ICL-delivery.

4.9 For vehicles that the buyer will export outside the EEA, the seller requires a deposit of at least 20% of the purchase price to compensate for VAT on the vehicle. The buyer will receive this deposit back once the buyer has reported within six months to the seller that the vehicle has been properly exported outside the EEA and has been deregistered using the customs documents provided by the seller.

4.10 If the buyer uses customs forms other than those provided by the seller as referred to in Article 4.9, the seller cannot guarantee that the deposit will be returned.

Article 5 Payment 

5.1 Unless otherwise agreed, payment of the purchase price shall occur before or at the time of delivery of the purchased goods. 

5.2 The purchase price can also be paid by bank transfer. 

5.3 In the case of purchase on invoice, the full payment of the purchase price must be received by us within fourteen (14) days of the invoice date, subject to the provisions of Article 4.1. 

5.4 Down payments will only be deducted from the agreed purchase price after the agreement has been concluded and confirmed to the buyer. 

5.5 If payment in full or in part is not made within the term referred to in Article 5.3, or is not made on time or completely, the buyer is in default without the need for any notice of default or reminder. The buyer is then immediately liable for statutory interest on the outstanding amount per month or part of a month, calculated from the due date. 

5.6 In the case of paragraph 5 of this article, we have the right, within the term of Article 7:44 of the Dutch Civil Code, to reclaim the purchased item by an extrajudicial written declaration. By that declaration, the purchase agreement is dissolved. 

5.7 All costs arising from disputes, both judicial and extrajudicial, are borne by the buyer. Extrajudicial collection costs amount to 15% of the outstanding amount with a minimum of €100. 

5.8 The payment of the purchase price by the buyer must be made without deduction, suspension, set-off, or any form of debt comparison, regardless of the grounds or circumstances. The buyer explicitly waives these rights. 

Article 6 Delivery 

6.1 Delivery takes place ex works at our location and only after we have received the full purchase price. 

6.2 The buyer has a duty to take receipt of the vehicle, unless this is of no reasonable interest to us. 

6.3 The vehicle will be delivered “as is” in the condition it is in at the time the agreement is concluded. The buyer purchases the vehicle as seen in the advertisement and/or at our premises. We do not guarantee that the vehicle is complete, functional, sound, safe, durable, or otherwise fit for use. The buyer cannot claim ignorance in this regard. 

6.4 As soon as the buyer or the transporter/driver sent by the buyer obtains control over the vehicle, all risk transfers in full to the buyer. It is therefore not required for the vehicle to leave our premises for the risk to transfer. 

6.5 If, after taking possession of the vehicle, the buyer performs actions that are not feasible given the nature of the damage to the vehicle, such actions can never be used against us. 

6.6 If the vehicle must be delivered by us to the address provided by the buyer, the risk transfers to the buyer immediately after the conclusion of the agreement. Transport by us is entirely at the buyer’s expense and risk. The buyer must insure the vehicle at their own expense before or upon registration in their name. Delivery takes place only after receipt of the entire purchase price including delivery costs and after the vehicle is registered in the buyer’s name or upon receipt of a proof of cancellation. 

6.7 When the buyer sends an expediter/driver to collect the vehicle, this person must provide us with a copy of the order or a power of attorney mentioning the correct delivery address of the buyer. 

Article 7 Delivery Period 

7.1 Within fourteen (14) days after receipt of the (down) payment, the buyer must collect the vehicle from our premises. 

7.2 If the buyer fails to collect the vehicle within fourteen (14) days, the buyer is in default without the need for notice of default or reminder, and the agreement is dissolved without judicial intervention, unless we inform the buyer in writing that we still require performance of the agreement. Any (down) payment will not be refunded. 

7.3 If the buyer does not take receipt of the vehicle within the term mentioned in Article 7.1, a storage fee of €25 per calendar day will be charged for vehicles up to 3,500 kg, and €50 per calendar day for vehicles exceeding 3,500 kg. The vehicle can only be collected once the full purchase price and the storage fees have been paid in full.

7.4 Delivery times for the vehicle documents may differ from the delivery time of the vehicle itself. There is no specific delivery time for the vehicle documents. The buyer can therefore never claim dissolution of the agreement on the grounds of the delivery period of the vehicle documents. 

7.5 If the vehicle documents are not handed over at the time of delivery, they will in any event be sent to the buyer via a postal service engaged by us. Upon delivery by the postal service, the buyer must sign for receipt of the vehicle documents. They will be delivered to the address provided by the buyer on the invoice unless the buyer has indicated another address in writing at the time of purchase. The buyer is solely responsible for the accuracy of these details. We are never liable for the buyer not receiving the vehicle documents. 

7.6 We are never liable for theft or loss of the vehicle documents after they have been handed over or sent to the buyer.

7.7 The buyer is responsible for importing and/or registering the vehicle in the destination country. 

Article 8 Retention of Title 

8.1 As long as the buyer has not fully complied with all payment obligations owed to us by virtue of or in connection with the delivery, the delivered vehicle remains our property.

8.2 The buyer is not entitled to resell, lend, pledge, or transfer ownership of the delivered vehicle—so long as it has not been paid for—to third parties. 

8.3 The buyer bears the risk for the unpaid vehicle with respect to all damage, direct or indirect, inflicted upon it by themselves or any other party. 

Article 9 Shortcomings/Complaints 

9.1 The buyer is aware of purchasing a damaged vehicle and accepts the provisions of Article 6.3. Any shortcomings in relation to the description of the sold item in the advertisement must be reported to us on site before or during the handover immediately upon discovery. Pictures of the damaged vehicle, as well as the complete description in the sales channels, may differ from reality. The buyer cannot derive any rights from such differences. 

9.2 If the vehicle is transported by us to the delivery address provided by the buyer, any damage or defects arising during transport must be noted on the delivery receipt/CMR consignment note, and also reported in writing within 48 hours after delivery. The report must include a detailed description of the discovered defects that occurred during transport. After the 48-hour period from the time of delivery has elapsed, the buyer no longer has the right to report any defects that arose during transport.

9.3 The buyer must allow us the opportunity to check any alleged shortcoming as referred to in Article 9.1 and to remedy any possible defect. Failure to do so shall immediately void the buyer’s right to invoke shortcomings that could reasonably have been discovered during a careful inspection within the specified period. 

9.4 Subject to Article 6.4, a shortcoming in the delivered item never constitutes grounds for the buyer to dissolve the agreement. 

9.5 A claim regarding any shortcoming does not entitle the buyer to suspend its payment obligations. 

9.6 If the buyer has a complaint regarding our services, they can report it to us by phone or in writing. The contact details are listed at the end of these general terms and conditions. 

Article 10 Odometer Reading 

10.1 The buyer can never hold us liable if, after the sale, it becomes apparent that the vehicle’s odometer reading is incorrect or illogical. 

10.2 Inaccuracies in the vehicle’s mileage do not entitle the buyer to any discount on the agreed purchase price. 

10.3 Under no circumstances can the agreement be dissolved on the grounds of an incorrect odometer reading. 

Article 11 Warranties

The buyer purchases the vehicle without any form of warranty and in the condition as seen in the advertisement or on-site at our location. As a trading company in damaged vehicles and damaged objects, we cannot guarantee normal use of the purchased item. The buyer is aware that they are purchasing a damaged vehicle or a damaged object, and that this involves risks which are borne by the buyer. Consequently, the buyer cannot claim any warranty and/or goodwill or invoke the non-conformity provisions as referred to in Book 7 of the Dutch Civil Code. 

Article 12 Liability 

12.1 Liability for damage arising from or related to deliveries to the buyer for direct damages arising from or related to the performance of the agreement is limited to the amount of the purchase price of the relevant goods or services that gave rise to the liability, per event. If multiple events give rise to liability, the seller’s total liability shall under no circumstances exceed the total purchase price of the goods or services delivered under the agreement.

Under no circumstances shall our liability for direct damages, on any grounds whatsoever, exceed the amount covered and paid out under our liability insurance in the relevant case. Any claim for damages must be submitted to us in writing within a reasonable period after discovery, failing which the right to compensation lapses.

12.2 We are not liable for shortcomings in the performance of our obligations to the buyer if the execution of the agreement is hindered or made impossible by circumstances beyond our control, including but not limited to: failures by suppliers/transporters, war, civil unrest, sabotage, strikes, machine damage, theft, business disruptions, government measures, bad weather, lightning strikes, fire, floods, epidemics.

12.3 Damages consisting of lost profit, reduced revenue, and all other indirect or consequential damages, such as business interruptions or any damages or fines that the buyer owes to third parties, are not eligible for compensation under any circumstances, except in cases of intent or gross negligence on our part, or if mandatory legal provisions dictate otherwise.

12.5 Dutch law applies to all disputes relating to liability. Disputes shall be submitted to the competent Dutch court in the district where we are established.

12.6 The buyer is responsible for obtaining appropriate insurance for the vehicle during transport and/or upon receipt.

Article 13 Dissolution 

13.1 Full or partial dissolution of the agreement takes place exclusively by a written statement from the buyer or the seller. The buyer may only issue a written statement of dissolution after first declaring us in default in writing and granting us a reasonable period to still properly fulfill our obligations. 

13.2 The buyer does not have the right to dissolve the agreement in whole or in part or suspend their obligations if they themselves were already in default of fulfilling their obligations. For consumer buyers, this provision does not affect their statutory right to suspend payment if such right follows from mandatory law. 

13.3 If we agree to dissolution without being in default, we are entitled to compensation for all financial losses, such as costs, lost profits, and reasonable expenses incurred to determine damages and liability. The compensation is at least 20% of the agreed price. 

13.4 In the event of partial dissolution of the agreement, the buyer cannot claim the reversal of services already performed by us, and we retain our right to payment for the services already performed, without prejudice to our right to reverse such services and claim damages. 

Article 14 Force Majeure 

14.1 If we fail, in whole or in part, to meet our obligations to the buyer, such failure cannot be attributed to us if the performance of the agreement is hampered or made impossible by a circumstance—whether foreseeable or not—beyond our control, including but not limited to: Failure by suppliers/transporters War, civil unrest, or comparable situations Sabotage, boycott, strike, or occupation Machine damage Theft from warehouses Business disruptions Government measures Bad weather Lightning strikes Fire Floods Epidemics. 

14.2 If a situation as described in paragraph 1 of this article occurs, we shall, to the extent permitted by law, not be liable for any resulting damage incurred by the buyer, and we may, at our discretion, suspend the performance of our obligations or dissolve the agreement in whole or in part without judicial intervention, without being obliged to pay any compensation. 

Article 15 International Transactions

15.1 All communication and documentation regarding international transactions shall take place in the Dutch language.

15.2 In the event of translated communication, including but not limited to translations of contracts, conditions, correspondence, and documentation, the original Dutch version is decisive. No rights may be derived from translations. In the event of any discrepancy between the Dutch version and a translation, the Dutch version shall prevail.

15.3 Payments must be made in euros as specified on the invoice. Any costs related to currency conversion or international transactions are borne by the buyer.

15.4 For international deliveries, specific conditions apply regarding transport, customs clearance, taxes, duties, and insurance.

15.5 Both parties are responsible for complying with all applicable laws and regulations regarding international trade, including export controls, sanctions, and customs regulations.

15.6 If the buyer is represented by a third party, this representative must be authorized to act on the party’s behalf, and such authorization must be confirmed in writing.

15.7 Both parties are responsible for paying all applicable taxes, import duties, and other charges that may apply to the international transaction.

Article 16 Applicable Law and Dispute Resolution

16.1 All agreements between us and the buyer to which these general terms and conditions apply are governed exclusively by Dutch law.

16.2 All disputes arising from or in connection with any agreement to which these general terms and conditions apply shall be brought before the competent court in the district where we are established, unless mandatory legal provisions prescribe otherwise.

16.2 All disputes arising from or in connection with any agreement to which these general terms and conditions apply shall be brought before the competent court in the district where we are established, unless mandatory legal provisions prescribe otherwise.

16.4 If a provision of these general terms and conditions is found to be null and void or voidable, in whole or in part, the remaining provisions will remain in full force. In such an event, the parties will consult to agree on a new provision to replace the void or voided provision, taking into account, as much as possible, the purpose and scope of the original provision. 

Contact details MotoHero Veldhuisstraat 44, 7311 PH Apeldoorn E-mail: info@motohero.nl Chamber of Commerce (KvK) number: 68011830

VAT number: NL 001377706B35 March 2024 / General Terms and Conditions MotoHero Apeldoorn.