Short version of the General Conditions of sale and delivery of Tonga B.V.

I. General

1. These General Terms & Conditions are hereafter referred to as the conditions.The conditions apply to all Tonga B.V. ‘s quotes commitments and agreements. These conditions have been filed with the Chamber of Commerce for Southwest Netherlands (Zuidwest Nederland).

5. These conditions form an integral part of offers by Tonga B.V. and/or of agreements entered into with the contracting party also hereinafter mentionedthe client.

IV. Prices

1. All prices and quotes from Tonga B.V. are without obligation. Tonga BV reserves the right to adjust prices if increases of materials, wages and all other costs involved give cause for increases.

V. Delivery/Transport

1. Unless agreed otherwise in writing, the client will pay the costs of transporting the products to the address indicated by the client.

3. The products are transported at the clients risk.

VI. Payment

2. Payment must be made before or on the last day preceding the transport of the sold products to the client.

VII. Complaints/Exoneration

1. Complaints by the client will only be accepted by Tonga B.V. if clearly presented within 8 days of the receipt of the products.

VIII. Product Liability

1. All products sold to clients will comply with applicable national and international regulations as regards certification and use of raw materials.

IX. Retention of Title.

1. Tonga B.V. retains ownership of all delivered products and reserves the right to regain possession thereof until such time as the delivered products, as well as all accompanying costs and settlements items, have been paid by the client.

X. General Liability and Force Majeure.

1. If Tonga B.V is hindered in delivery by Force Majeure, it is entitled to choose between extending the term of delivery or terminating the agreement or any part thereof not performed.
2. If Tonga B.V. fails to fulfil its obligations towards the client, it is liable for the resulting default. The client is than entitled to damages that are maximised at the invoice amount of the delivered product(s.

XI. Property Rights and Copyright

1. Tonga B.V. retains the property rights and the copyrights to all new and original products designed and manufactured on its instructions.

XIII. Language

All written communications between Tonga B.V. and the client will exclusively be conducted in English.

XIV. Disputes

a. and b. All disputes arising from an agreement between Tonga B.V. and the client will be exclusively submitted to the competent court in Middelburg (The Netherlands), all agreements with Tonga B.V. are subject to Dutch law.

Transport costs:

The Netherlands: ∙ Orders less then € 500,- fixed transport/handling fee € 10,- ∙ Orders above € 500,- Free Shipment. EU*: ∙ Orders less then € 1.500,- fixed transport/handling fee € 20,- ∙ Orders above € 1.500,- Free Shipment.

All other countries actual shipping costs will be added Partial shipment permitted.

* excluding: Greece, Cyprus and Malta.