Terms & Conditions of sale and delivery.

Definitions

• Plusimpex: Plusimpex B.V., registered in the Netherlands under KvK number 98712403 and VAT (BTW) number 98712403, with its office at 30 Verlengde Gildenweg, 8304 BK Emmeloord.
• Buyer: any business or legal entity that requests a quotation from, or places an order with, Plusimpex.
• Products: the goods Plusimpex supplies, including nuts, dried fruits, dates, sweets, fresh produce, raw materials and baking ingredients.
• Agreement: every contract between Plusimpex and the Buyer for the supply of Products.

Scope

These terms apply to every quotation, order confirmation and Agreement. They apply to business-to-business transactions only. Plusimpex does not sell to consumers.

The Buyer's own purchase conditions do not apply unless Plusimpex has explicitly accepted them in writing. Deviations from these terms are binding only when both parties agree to them in writing.

Quotations & orders

All quotations are non-binding and valid for the period stated on them. Commodity prices move fast, so unless another period is stated, a quotation is valid for [3] working days.

An Agreement is formed only when Plusimpex confirms an order in writing, including by email. The order confirmation states the product, grade, origin, crop year, quantity, packaging, price, Incoterm and delivery period.

• Minimum order quantities (MOQ) are stated per product in the quotation.
• Changes or cancellations after confirmation require Plusimpex's written consent. Costs already incurred are charged to the Buyer.

Prices & payment

Prices are in euros (EUR), exclusive of VAT, duties and levies, and apply to the Incoterm stated in the order confirmation.

Unless agreed otherwise in writing, invoices must be paid within [14] days of the invoice date. For new customers, Plusimpex may require full or partial prepayment before shipment.

If payment is late, the Buyer owes the statutory commercial interest under Dutch law (art. 6:119a of the Dutch Civil Code) and reasonable collection costs. Plusimpex may suspend further deliveries until all outstanding amounts are paid.

Delivery & Incoterms

Deliveries are made under the Incoterm (Incoterms® 2020) stated in the order confirmation. Risk passes to the Buyer as defined by that Incoterm.

Delivery periods are estimates, not deadlines. Harvest timing, shipping schedules, port congestion and customs inspections can affect arrival dates. A late delivery does not entitle the Buyer to compensation or cancellation unless a fixed delivery date was expressly agreed in writing.

Quantity tolerances of up to [±5]% per shipment are normal in bulk trade and count as correct delivery. They are invoiced at the agreed price.

Quality & specifications

Products comply with the specification in the order confirmation and with applicable EU food safety law, including maximum levels for contaminants such as aflatoxins.

Nuts, dried fruits and fresh produce are natural products. Minor variations in size, colour, moisture and taste within the agreed grade are not defects. Certificates of analysis and phytosanitary documents are supplied where agreed or legally required.

The Buyer is responsible for storing Products correctly after delivery, as stated on the packaging or specification.

Inspection & claims

The Buyer must inspect Products on arrival. Visible defects or shortages must be noted on the delivery documents and reported to Plusimpex in writing within [48 hours] of delivery.

• Hidden defects must be reported within [7] days of discovery, and never later than [30] days after delivery.
• Claims must include photos, the lot or batch number and, where relevant, an independent laboratory report.
• Rejected goods must be kept available for inspection and may not be returned without Plusimpex's written consent.

If a claim is justified, Plusimpex will, at its choice, replace the Products, credit the invoice value of the affected quantity, or grant a price reduction. A claim does not suspend the Buyer's payment obligation.

Retention of title

Products remain the property of Plusimpex until the Buyer has paid all amounts owed under the Agreement in full. Until then, the Buyer may not pledge the Products or transfer ownership outside the normal course of business.

Liability

Plusimpex's total liability under any Agreement is limited to the invoice value of the Products concerned. Plusimpex is not liable for indirect or consequential loss, including lost profit, lost sales or business interruption.

These limits do not apply to damage caused by Plusimpex's intent or gross negligence.

Force majeure

Plusimpex is not liable for failure or delay in performance caused by circumstances beyond its reasonable control. These include crop failures, adverse weather at origin, export bans, sanctions, war, strikes, port closures, shipping disruptions and government measures.

If force majeure lasts longer than [60] days, either party may terminate the affected part of the Agreement in writing without liability for damages.

Governing law & disputes

All Agreements are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Disputes are submitted exclusively to the competent court in [the district of Zwolle / Rotterdam], unless both parties agree to arbitration in writing.

If a provision of these terms is void or unenforceable, the remaining provisions stay in full force. If these terms are translated, the English version prevails.

Contact

Questions about these terms can be sent to Plusimpex B.V., 30 Verlengde Gildenweg, 8304 BK Emmeloord, the Netherlands. Email info@plusimpex.com or call +31 368 45 16 36 (Mon–Fri, 9:00–17:00 CET).

Chamber of Commerce (KvK): 98712403  ·  VAT number (BTW): 98712403