Terms and Conditions

Article 1 - General

1. These general terms and conditions apply to every offer, quotation, and agreement made by GAM cars B.V. (hereinafter referred to as "GAM cars"), and the buyer/client. The buyer/client can only invoke deviations or additions to these terms and conditions if these are recorded in writing.
2. These general terms and conditions also apply to agreements with GAM cars for the performance of which third parties need to be involved by GAM cars.
3. The applicability of any purchasing or other terms and conditions of the buyer/client is explicitly rejected.
4. If one or more provisions of these general terms and conditions are or become wholly or partially void or invalid, the remainder of these terms and conditions shall remain in full force and effect. GAM cars and the buyer/client will consult to agree on new provisions to replace the void or invalid provisions, considering as much as possible the purpose and intent of the original provisions.
5. If GAM cars does not always insist on strict compliance with these terms and conditions, this does not mean that the provisions are not applicable or that GAM cars loses the right to demand strict compliance with the provisions in other cases.

Article 2 - The Offer

The offer from GAM cars is made orally, in writing, or electronically, and is valid for the period indicated in the offer if a time limit for acceptance is set. The acceptance by the buyer is only valid if it occurs within the set time limit. If no time limit for acceptance is set, the offer remains valid for up to 14 days, unless it has been explicitly agreed that the car is reserved. After this period, the offer will automatically expire. If it is not explicitly agreed that the car is reserved, GAM cars is entitled to sell the car to a third party during the period for acceptance, as long as the offer has not been explicitly accepted.

Article 3 - Price Changes/Increase

Changes in taxes, excise duties, and other governmental charges will be passed on in both the fixed and non-fixed price of used cars.

Article 4 - Deposit

1. An agreed deposit will not need to be refunded if the buyer decides not to proceed with the purchase, unless this is in violation of the legal provisions of Articles 6:236 and 6:237 of the Dutch Civil Code.
2. A deposit paid by the buyer to GAM cars obliges the buyer to pay the full purchase amount because the agreement has already been concluded and is confirmed by the deposit.

Article 5 - Delivery and Risk

Until the actual delivery time, the car is at the expense and risk of GAM cars. The buyer is obliged to inspect the car for visible defects upon delivery and to immediately notify any complaints; failing which, the delivered car is deemed to be accepted in the condition in which it is delivered and deemed to be in good order and acceptable. The trade-in vehicle becomes the property of GAM cars only once it has been physically delivered to GAM cars. Until that time, the trade-in vehicle remains at the expense and risk of the buyer, and all costs, including maintenance costs and any damage, are for the buyer's account, including costs arising from the failure to timely submit the complete vehicle registration document.

Article 6 - Storage Costs

If the buyer/client has not picked up the vehicle within 5 working days after the agreed delivery date or the date on which the car is ready after repair, GAM cars is entitled to charge storage costs of €50.00 excluding VAT per day.

Article 7 - Cancellation Costs

The buyer/client has the right to cancel the agreement in writing within 7 days. In that case, the buyer/client is obliged to compensate GAM cars for the damages suffered. This damage is set at 25% of the purchase price. Payment of the damage must be made within 7 days after receiving the written cancellation. If payment is not made on time, GAM cars has the right to demand performance of the agreement, in which case the buyer/client can no longer invoke the cancellation.

Article 8 - Right of Retention

GAM cars may exercise its right of retention on the vehicle if the client has not fully paid the costs of work performed on the car, even if these costs relate to previously performed work on the same vehicle or if the client defaults on any obligations towards GAM cars, for any reason.

Article 9 - Replaced Parts

The replaced parts will be made available to the client after the work has been completed, provided that the client explicitly requested this when the work order was given, and if and to the extent that this is reasonably possible. This does not apply to parts that need to be kept separate due to potential warranty claims. In such cases, the parts will only be made available once the claims have been settled. In all other cases, the replaced parts become the property of GAM cars, with no compensation to the client.

Article 10 - Warranty on Cars and Parts/Accessories

1. For new cars and new parts and other new items delivered, only the warranty provided by the manufacturer or importer applies.
2. GAM cars does not provide any warranty on used cars unless GAM cars has explicitly stated in writing that it will provide a warranty for an agreed-upon warranty period.
   
   No warranty is provided by GAM cars on separately supplied used parts or other used items.
   
   Excluded from warranty are:
   
   

   • Defects caused by intentional damage, misuse, or repairs not ordered by GAM cars.
   • Repairs or replacement of parts for regular, routine maintenance.
   • Damage to persons or property resulting from the breaking or defect of parts, or any additional costs incurred by the buyer/client.
   • Damage to tires, audio systems, windows, air conditioning, or modifications made to the car after delivery, and any resulting defects.
3. When invoking a warranty, the buyer/client must always contact GAM cars, and any claim to warranty will expire if GAM cars is not given the opportunity to remedy the defect, unless GAM cars explicitly grants permission for repairs elsewhere.

Article 11 - Payment

1. Amounts owed by the buyer/client to GAM cars must be paid in cash upon delivery of the car, parts, or after services have been rendered. Cash payment also includes crediting the owed amount to a bank or account specified by GAM cars.
2. If another payment date has been agreed in writing, GAM cars is entitled to charge statutory commercial interest on unpaid and/or late payments. If payment is not explicitly agreed upon in writing, a payment term of 14 days applies. The buyer/client then owes statutory commercial interest, with part of a month being considered a full month, starting 14 days after GAM cars has reminded the buyer/client to make payment.
3. If the buyer/client defaults on timely payment, GAM cars is entitled to increase the amount with collection costs, including both judicial and extrajudicial costs. Extrajudicial costs include all fees charged to GAM cars by lawyers, bailiffs, or others to whom they assign the collection of the owed amount. The extrajudicial costs are set at 15% of the owed amount, unless GAM cars proves that the actual costs are higher, with a minimum of €350.

Article 12 - Retention of Title

1. All goods supplied by GAM cars remain the property of GAM cars until the buyer has fully complied with all obligations under the agreement(s) with GAM cars.
2. Goods supplied by GAM cars, which fall under the retention of title as per paragraph 1, may not be resold or used as a means of payment by the buyer/client. The buyer/client is not authorized to pledge or encumber goods under retention of title in any other way.
3. The buyer/client must always do everything reasonably expected to secure GAM cars' property rights. If third parties seize goods subject to retention of title or claim rights on them, the buyer/client must immediately inform GAM cars. The buyer/client is also obliged to insure and keep insured the goods supplied under retention of title. In the event of an insurance payout, GAM cars is entitled to these funds.
4. In the event that GAM cars wishes to exercise its rights under this article, the buyer/client grants unconditional and irrevocable permission in advance to GAM cars and its designated third parties to enter any location where GAM cars' goods are located and retrieve them.

Article 13 - Force Majeure

GAM cars cannot be held liable for any failure to perform caused by force majeure. Force majeure includes situations that are not the fault of GAM cars and circumstances that, according to law, legal acts, or prevailing opinions, are not GAM cars' responsibility. Force majeure includes, but is not limited to; war, terrorist actions, mobilization, unrest, epidemics, floods, extreme weather conditions, closed shipping routes, other transportation disruptions, delays or limitations in supply by public utilities or other suppliers, fire, machine breakdown, business disruptions, strikes, lockouts, export restrictions, government measures, third-party obstruction, intent, or gross negligence of auxiliary persons, etc.

Article 14 - Personal Data

GAM cars is entitled to share the buyer/client's data with third parties. If it concerns the processing of personal data, such processing is subject to the General Data Protection Regulation (GDPR). If the processing of personal data concerns direct mailing activities, GAM cars will honor any objections raised by the buyer/client.

Article 15 - Reporting of Cash Payments

1. WWFT: Under the Dutch Money Laundering and Terrorist Financing (WWFT) Act, GAM cars is required to obtain and verify the identity of the buyer/client. GAM cars is also obliged to record and retain this information for at least five years. If GAM cars suspects that a transaction is related to money laundering or terrorist financing, GAM cars must report it to the Financial Intelligence Unit - Netherlands (FIU). GAM cars is not allowed to inform the buyer/client that such a report has been made.

Article 16 - Governing Law and Disputes

1. Dutch law exclusively applies to all legal relationships involving GAM cars, even if the contract is performed wholly or partially abroad or if the party involved has its residence abroad. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
2. All disputes between GAM cars and the buyer/client will be settled exclusively by the court in Oost-Nederland, unless mandatory laws dictate otherwise. Nonetheless, GAM cars has the right to submit the dispute to the court having jurisdiction according to the law.