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General Terms & Conditions

Definitions
These General Terms & Conditions apply to the following parties:
  • Guerrilla Exhaust: the vendor/contractor or the entity Guerrilla Exhaust or representatives thereof.
  • Client: the buyer/customer (consumer or organization) or anyone with whom Guerrilla Exhaust enters into an agreement or for whom Guerrilla Exhaust provides an offer, delivery or service.
     
Applicability
These General Terms & Conditions apply to all (legal) acts between Guerrilla Exhaust and the client, even if the (legal) actions do not lead to or not related to a contract. All agreements to which these General Terms & Conditions apply in whole or in part, are governed by the Dutch law. In case of dispute, the Dutch version of these General Terms & Conditions prevail.

Offers
An offer, i.e. proposal or quotation, is a specific, personalized offer based on data provided by the client and needs. The validity of an offer is 14 days from date, unless otherwise stated. Guerrilla Exhaust retains the intellectual property rights on the contents of the offer.
An offer or a general proposition can be subject to errors and/or changes by the manufacturer or supplier, until granted and agreed by the customer orally or in writing. The client is obliged to inform about facts and/or circumstances that influence the content of the offer or the execution of the agreement resulting from the offer. 

Agreements
A contract is concluded when the client requests to Guerrilla Exhaust to perform work or delivery of one or more products or services, as described in a general or specific offer, or has received written or oral order confirmation from Guerrilla Exhaust. The order confirmation is deemed to be received when it is accessible to the client.

Adjustments
Additional work (any work or supplies that are not included in the contract, but may be required by the client), additional costs or less work will be calculated reasonably and fairly. In the implementation of an agreement, Guerrilla Exhaust will not be liable to pay any compensation, unless expressly stated in the agreement.
If the correct execution or complete fulfillment of the contracted work is not possible - due to force majeure or circumstances Guerrilla Exhaust when entering into the agreement did not know nor should have known - the parties have the right together to propose a correct and complete agreement that can be fulfilled, or amend the agreement. If not, the parties may by mutual consent terminate the contract, after which the client is liable for the costs already incurred by Guerrilla Exhaust for the realization so far.

Cancellation
In case of cancellation of the contract by the client, Guerrilla Exhaust is entitled to charge 10% of the purchase price. If the client has been informed that (partial) delivery can take place, Guerrilla Exhaust is entitled to charge 50% of the agreed purchase price.

Retention
Guerrilla Exhaust remains the owner of all goods ordered by the customer, until the purchase price has been paid in full. If Guerrilla Exhaust or a partner organization performs work for the client, a temporary retention of the relevant goods applies until payment has been received from the client. If the client fails to fulfill these obligations, Guerrilla Exhaust has the right to suspend the issuance of a vehicle or other property until the claim has been satisfied. The client will not pledge the delivered goods, dispose of, nor grant third parties any right, as long as the property in accordance with the foregoing has not passed over to the client.

Price
All prices are in euros including VAT and excluding shipping costs, unless otherwise stated. Guerrilla Exhaust is entitled, when entering into an agreement with a client, to request a deposit to the full amount of the purchase price.

Deliveries
The delivery of the ordered products or services will be determined in mutual consultation. When an order is confirmed by the client, Guerrilla Exhaust aims for the earliest possible delivery. It is possible that items ordered are not in stock at the supplier or original equipment manufacturer. Guerrilla Exhaust will regularly inform the client about the delivery. If paid goods are not purchased by the client, Guerrilla Exhaust may freely dispose of the goods after 3 months, after informing the client in writing.

Payment
Guerrilla Exhaust will specify the applicable payment methods during the ordering process. If the client does not meet his payment obligations, Guerrilla Exhaust may execute the right of default. All necessary collection costs made by Guerrilla Exhaust will be passed on to the client. Guerrilla Exhaust is responsible to provide sufficient security to fulfill payment obligations by the client when performing a transaction.

Liability & warranty
Guerrilla Exhaust will perform its activities to its best effort. Products, services and related issues are provided by Guerrilla Exhaust from the audited state at the time of sale. Guerrilla Exhaust products have a warranty of 2 years from the date of purchase on manufacturing errors or technical defects. For other products, the warranty issued by the manufacturer or supplier applies. Any warranty expires if usage is not corresponding to the designated use of the product, vehicle or work, or in case of failures or malfunctions due to adaptations made by the client or third parties to Guerrilla products or work. When a warranty case requires further investigation, Guerrilla Exhaust may, after prior notice, charge investigation costs, with a minimum of 50 euros. The client is liable for potential repair cost. In no event shall Guerrilla Exhaust be liable for any direct, indirect, incidental or consequential damages caused by (mis)use of the supplied products, services or related elements. Guerrilla Exhaust bears no liability for any damage to or destruction of a vehicle or object that is transferred to work in case of unforeseen situations or force majeure events.

Withdrawal
Customized products will, if they are free from technical defects or imperfections not be taken back after purchase and delivery. In case of repossession of other products, the current market value, which will in no event exceed the original purchase price minus the costs incurred for repossession, willl be credited to the client. For work carried out by partner organizations or subcontractors, the relevant terms and conditions apply.