Terms and Conditions

Article 1. Applicability.

1.1 These general terms and conditions apply to all offers, transactions, agreements and activities of the sole proprietorship (or legal successors of): “Car restoration workshop Cyril Sars Citroën Cars”, hereinafter referred to as Citrosars entered into or performed for the benefit of a counterparty, hereinafter referred to as the contractor. Automobiles, vehicles, and further restoration/repair objects will be further referred to as objects in these general terms and conditions.

1.2 Deviations from and amendments to these general terms and conditions will only be effective if they have been expressly confirmed in writing by Citrosars. Deviations from these terms and conditions are in particular not possible if the client declares other general terms and conditions unilaterally applicable.

1.3 If Citrosars expressly allows deviations and/or changes to these terms and conditions in writing, that deviation will only be effective once, unless the contrary has been expressly agreed in writing.

1.4 Once these general terms and conditions form part of an agreement concluded by Citrosars, they will remain in force on that agreement, even if that agreement is subsequently amended or renewed by further agreement, unless expressly agreed otherwise.

Article 2. Price indications.

2.1 All price indications of Citrosars are without obligation and are maintained for one month, unless the price indication states otherwise.

2.2 All price indications take place under the applicability of these general terms and conditions, both to the price indication and to its acceptance, as well as to the agreement thus concluded.

2.3 An agreement between Citrosars and the client is established by an oral promise from the client, or by signing the contract, or because the order given has been confirmed in writing by Citrosars, or the execution of the given order has actually started. order, thus after the client has actually made his object available.

2.4 Quotations, brochures and price lists are revocable at all times and are not binding on Citrosars, unless expressly stated otherwise in writing.

2.5 For price indications, brochures and price lists with regard to restoration/repair work, these are always estimates as far as the stated time as well as the stated price are concerned.

2.6 Only the management of Citrosars and the persons authorized by this management indicated in the Trade Register of the Chamber of Commerce are authorized to enter into legally binding transactions.

Article 3. Restoration.

3.1 Restoration/repair of an object by Citrosars can be divided into different phases, namely;
– dismantling and checking of originality
– repair and completion of the parts or. components
– cleaning and preserving the components or. components
– construction / assembly of the object
– test drive, final check and after-treatment.

3.2 Citrosars accepts total restorations or partial restorations, whereby the working method and quality are always determined by Cyril Sars Citroën Cars, so that the client explicitly and in advance conforms to this.

3.3 By means of restoration, the object is returned to its original condition as far as possible or can be traced, unless the client wishes otherwise.

3.4 If it appears that after a thorough study of the old parts, or after a careful search in our reference works, the originality can hardly be traced, then the most plausible implementation of those details will have to be chosen.

3.5 If after execution of the work with regard to the originality as described in art, 3.4 the client expresses other wishes as a result of which work has to be performed again, then this work will be regarded as additional work.

Article 4. Prices

4.1 All prices and price indications of Citrosars are exclusive of VAT, unless stated otherwise.

4.2 If, after the conclusion of an agreement, but before the delivery of the goods and/or the completion of the order given, a price increase (for example as a result of an increase in external supplier prices, truck costs, wages and/or social security charges, taxes, import duties, levies, or other charges) should arise, Citrosars reserves the right to pass on such an increase to the client, unless this is expressly excluded.

Article 5. Additional work

5.1 If it should become apparent during the restoration/repair that parts need to be replaced or repaired which were not visible at the time of the cost estimate or of which rework or replacement was not deemed necessary, or if work has to be performed which at the time of the cost estimate were not foreseen, those parts and activities will be charged to the client as additional work.

5.2 The additional work referred to in the previous paragraph includes the replacement of parts that have become unusable during the restoration/repair due to material fatigue or otherwise and installations that have become unusable or have become unusable.

5.3 If it turns out that parts to be replaced can only be purchased after time-consuming search work or can no longer be purchased at all, the costs of that search work or the production of those parts in-house will be charged as additional work.

Article 6. Delivery and delivery times, Title Deed

6.1 Delivery is deemed to have taken place if and as soon as the client has notified that the goods intended for him can be collected. informed thereof, also bearing in mind what is stated in article 3.2. has already been determined.

6.2 The goods delivered or processed by Citrosars remain its full property until the purchase price, costs of the work and additional costs have been paid. Restoration/repair objects or parts thereof remain under the control of Citrosars until all costs incurred, related thereto, and all costs from previous transactions have been paid in full.

6.3 Delivery times, restoration/repair time or other periods stated by Citrosars are only an indication. Exceeding any term shall never oblige Citrosars to discount the purchase price or the agreed restoration/repair price, or to compensate damage suffered as a result, nor can this lead to the dissolution, cancellation or otherwise undoing of the agreement at the request of the client.

6.4 If, as a result of whatever circumstance, the client does not receive the fully or partially restored/repaired object, or the object purchased by him after Citrosars has informed the client that the project is ready, Citrosars is entitled to grant the client the usual storage costs.

6.5 If Citrosars has reasonable doubts about the payment capacity of the client, or if there is a well-founded fear that the client will not or will not properly fulfill its obligations towards Citrosars, Citrosars is at all times entitled to suspend the delivery and/or restoration/repair. until the client has provided security to the satisfaction of Citrosars for the fulfillment of its obligations. The Client is fully liable for the own damage as well as the damage suffered by Citrosars as a result of the delayed delivery and/or restoration/repair. The amount of the damage will in any case amount to 25% of the agreed (total) order.

Article 7. Force Majeure.

7.1 Circumstances beyond Citrosars’s control which are of such a nature that compliance with the agreement cannot reasonably be expected or can no longer be expected to the full extent of Citrosars, gives Citrosars the right to dissolve the agreement in whole or in part and/ or suspend its implementation without any obligation to pay compensation.

7.2 The circumstances referred to in the previous paragraph of this article include war, threat of war, civil war, riot, war, fire, storm damage, water damage, floods, strikes, industrial occupation, exclusions, import and export barriers, government measures, defects in machinery, failure in the supply of energy or non (timely) delivery of parts required according to Citrosars by third parties, both in the company of Citrosars and with third parties, from whom Citrosars must obtain all or part of the required materials or raw materials, or from whom Citrosars must delivery, non-delivery or incomplete delivery and/or delayed delivery by suppliers of Citrosars and furthermore caused by all other causes beyond the control and/or control of Citrosars.

Article 8. Liability and Complaints

8.1 The work is performed by Citrosars to the best of its knowledge and ability and as such concerns a best efforts obligation. Without prejudice to the provisions of Article 9, the liability of Citrosars is in any case limited to the re-performance of work that has been performed improperly, or the repair of the defective good delivered, or to replacement of that good, or a part thereof, one and another at the discretion of Cyril Sars Citroën Cars . Any transport or accommodation costs are for the account of the client.

8.2 Complaints must be made by registered letter within 21 days of the invoice date, on pain of forfeiture of rights. If no complaints are made in the prescribed manner within that period, Citrosars is deemed to have fully complied with its obligations, so that Citrosars then no longer bears any liability.

8.3 Complaints never give the client the right to suspend payments.

8.4 Citrosars accepts no liability whatsoever if the defects are the result of any accident, misuse, normal wear and tear, material fatigue, or the use of outdated material and the like.

8.5 Citrosars cannot be regarded as a producer of the relevant automobile/object on the basis of restoration/repair or other work.

8.6 Any liability on the part of Citrosars will in any case lapse as soon as the car/object in question is used in traffic or if it has taken part in competitions and the like.

8.7 Citrosars is never liable for damage to parts and components during assembly.

Article 9. Insurance.

9.1 During the restoration/repair, Citrosars will insure the object WA/Casco. If necessary, the value of the object to be restored/repaired will be appraised by an appraiser to be appointed by Citrosars. Citrosars does not bear any liability for objects that are in the shed for whatever reason. The increase in value due to a fully or partially performed restoration/repair will, if necessary, be appraised by means of an appraisal based on collected photo and film material, as well as by submitting work orders and invoices.

9.2 In the event of damage to the object during the restoration/repair, Citrosars will compensate the damage, which can in no case be more than the insurer of Citrosars pays, all this detailed in a damage assessment report and in no other case more than 10% of the relevant assignment. If the client wishes greater coverage for these costs, Citrosars will insure these additionally at the client’s first request and at the expense of the client.

9.3 The client is expressly requested by Citrosars to insure the object itself All Risks when Citrosars starts the work in the construction stage of the object to be restored/repaired.

9.4 When as in art. 9.3 the client has its own insurance on the object, in case of damage this insurance will be called on first in addition to the insurance of Cyril Sars Citroën Cars.

Article 10. Payment

10.1 As soon as the agreement between Citrosars and the client has been concluded, the client will pay the first contractual advance. As long as the payment has not actually been made, Citrosars is not obliged to start the work.

10.2 Invoicing will then take place when the advance to be used is nil or is expected to be completely used within 7 days, or if it should appear before the delivery of the object that the advance would not have covered the total costs.

10.3 The invoices must be paid within 14 days of the invoice date. The entire invoice amount, as well as all other amounts that the client may still owe to Citrosars, will be due and payable without further notice of default on the fifteenth day after the invoice date.

10.4 In the event of non-payment, Citrosars is then entitled, without judicial intervention, to regard the agreement in question as well as all other agreements that had not yet been fully fulfilled by the client or Citrosars, without further notice of default being required. In this case, the client is liable for the damage suffered by Citrosars, including in particular loss of profit. The damage to be compensated is determined by Citrosars or an expert to be designated by and by Citrosars, but will in any case comprise 80% of the amount of the amounts associated with the assignment.

10.5 In the event of late payment, the client will owe an interest of 1% per month, without further notice of default, from the day the principal is due and payable.

10.6 Payments will initially be deducted from the interest and costs, as referred to in Article 10.5 and then from the principal sum

10.7 Furthermore, the client is obliged to reimburse Citrosars for all costs that must be incurred in order to collect the outstanding amounts.

10.8 Subject to proof to the contrary by the client, the data from Citrosars’s accounts serve as full proof of the existence of the correctness of the amount owed by the clients.

Article 11. Dissolution.

11.1 Without prejudice to the provisions of the previous article, Citrosars is entitled to consider the agreement concluded with the client as dissolved without further notice of default and without judicial intervention at the time when the client is declared bankrupt, applies for a provisional suspension of payments, dies, receivership is placed or any asset of the client is attached.

Article 12. Cancellation.

12.1 Without prejudice to Citrosars’s right to claim compliance with the agreement, Citrosars is entitled to claim compensation if the client wishes to cancel an agreement. The damage to be compensated amounts to at least 10% of the last cost estimate.

Article 13 No appeal, discount or compensation.

13.1 The client is not permitted to offset any amount owed to Citrosars with amounts that Citrosars may owe it.

13.2 The client is never allowed on him towards

to suspend Citrosars’s obligations in whole or in part if Citrosars has not yet fulfilled its obligations for whatever reason, unless the dissolution of the agreement has been pronounced in court.

Article 14. Retention of title and right of retention.

14.1 Citrosars is at all times entitled to take back the goods delivered by it subject to retention of title, or the goods that once again become the property of Citrosars as a result of the dissolution of an agreement. The client is deemed to have granted Citrosars permission to do so.

14.2 All goods and monies of the client, which Citrosars may have in its possession for whatever reason, may continue to be held by Citrosars until the client has fulfilled all its obligations towards Citrosars.

Article 15. Risk

15.1 The risk of the objects sold by Citrosars is for the buyer from the moment the purchase is concluded, even if the actual and/or legal delivery has not yet taken place,

15.2 As soon as Citrosars takes an object into storage, because the restoration/repair has ended or because the client has requested this, or because the client has not fulfilled its payment obligations towards Citrosars or has not fulfilled it on time, Citrosars is not obliged to take out third-party liability insurance during the storage period. continue and all risks, including damage due to non-use, are for the account of the client.

15.3 When restarting the restoration/repair after storage, the client owes the extra costs as additional work.

Article 16. Disputes.

16.1 Dutch law applies to all offers and agreements between Citrosars and the client in the Netherlands. The competent court in Zutphen (location) is authorized to judge all agreements arising from the agreement, as well as with regard to their conclusion. The applicability of international treaties is expressly excluded.