Article 1: Applicability
1.1 These general terms and conditions apply to all quotations, brochures, offers, price quotes, and other proposals made by Molco B.V. (hereinafter “Molco”), as well as to all agreements concluded with Molco, including but not limited to agreements regarding the sale of products or the provision of services. Deviating terms and conditions are only part of the agreement if they have been expressly agreed in writing with Molco in advance.
1.2 These general terms and conditions exclusively apply to all quotations, brochures, offers, price quotes, other proposals, and agreements of Molco, regardless of any (prior) reference by the client to their own or other terms and conditions. Such deviating terms and conditions are not accepted by Molco unless otherwise agreed in writing.
Article 2: Offers
2.1 All offers from Molco are without obligation.
2.2 All images, drawings, catalogues, cross-references, references, diagrams, technical descriptions, and other documents or data provided by Molco have been prepared as accurately as possible. However, they are not binding and do not constitute a guarantee of accuracy unless otherwise agreed in writing. The information provided regarding the appearance or characteristics of goods is for general indication only and the client may not derive any rights from it.
2.3 An agreement is concluded as soon as Molco and the client have confirmed it in writing or as soon as Molco has commenced performance.
2.4 If an order for the supply of products or services does not ultimately lead to a contract, Molco reserves the right to charge costs incurred for preparing the offer, provided this has been communicated to the client in advance.
Article 3: Prices
3.1 Molco’s prices apply exclusively to the services and deliveries stated in the order confirmation.
3.2 All prices are exclusive of VAT and expressed in euros (€).
3.3 Molco has the right to pass on cost-increasing factors to the client, including higher material prices, labor costs, taxes, transport costs, and changes in exchange rates, provided they arise after the quotation or after the conclusion of the agreement. Molco will inform the client as soon as possible. Cost pass-through will only occur insofar as it is reasonable.
3.4 If a price increase of more than 10% occurs within six months after the conclusion of the agreement, the client has the right to terminate the agreement. This must be done in writing within a reasonable period of eight days after receiving the price increase notification. If this period is exceeded, the agreement, including the price increase, remains in effect.
3.5 If an offer has a limited validity or is made under specific conditions, this will be explicitly stated in the offer. Sale products have limited stock and are marked “sale” on the webshop. These products cannot be returned except in cases where a warranty applies.
3.6 Each offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow proper assessment. If Molco uses images, they faithfully represent the offered products, services, and/or digital content. Obvious errors or mistakes are not binding on Molco, and the client may not rely on them.
3.7 Each offer contains clear information about the rights and obligations associated with accepting the offer.
3.8 Deposit items are marked on the webshop with a recognizable sign. The deposit value is explicitly stated and separately calculated on the order. This may result in additional costs for the client until the old item is returned in its original packaging.
Article 4: Delivery
4.1 Delivery periods indicated by Molco are determined to the best of its ability but are not considered strict deadlines, unless explicitly agreed otherwise in writing. Molco is not in default for late delivery unless a strict deadline has been agreed and Molco is given written notice of default.
4.2 Delivery of sold products is free of charge, provided that the postage threshold for the chosen carrier is met when completing the order. Delivery includes insurance and is made to the agreed destination, unless otherwise agreed. Delivery terms refer to Incoterms 2020, as published by the International Chamber of Commerce (ICC).
4.3 Molco strives to deliver shipments on business days between 08:00 and 17:00, except for night deliveries, which are targeted before 08:00.
4.4 Delivery times listed on the webshop refer to delivery from the supplier to Molco. Once the products have been received and processed by Molco, shipment to the client will take place.
4.5 Delivery of sold products is deemed to have taken place once they have been delivered to the location specified by the client. This may include delivery over the threshold, to an agreed place, or to a night depot, depending on the agreed terms.
4.6 Molco cannot guarantee that deliveries will always occur at the agreed time, particularly within the delivery route. Delays may occur due to unforeseen circumstances such as traffic incidents, illness, or extreme weather. Molco is not liable for delays or non-delivery due to such situations.
4.7 The client must check the contents of the shipment upon delivery against the attached packing list. Any visible discrepancies, such as missing or damaged products, must be reported to Molco in writing within two (2) business days. If no report is made within this period, the client is deemed to have unconditionally accepted the contents of the shipment in full.
Article 5: Retention of Title
5.1 The client may only resell the delivered goods within the framework of their normal business operations, provided that:
a. the goods are delivered in their original, unaltered packaging; and
b. the client obliges their buyer to comply with the same conditions in case of further resale.
5.2 Molco remains the owner of all delivered products until the client has fully paid:
Article 6: Payments
6.1 All payments must be made without deduction within 10 days of the invoice date, unless otherwise agreed in writing. The payment term is considered a strict deadline. Molco is entitled to apply received payments to the oldest outstanding claims.
6.2 Molco has the right to set off outstanding amounts against any claims the client or companies within the same group of the client may have.
6.3 In the event of bankruptcy, suspension of payments, guardianship, or any other loss of control over the client’s assets, all outstanding payment obligations of the client become immediately and fully due.
6.4 In case of non-compliance with payment obligations, the client is liable for both extrajudicial and judicial collection costs. This includes, but is not limited to, costs for reminders, collection agencies, bailiffs, and legal assistance. For extrajudicial collection costs, Molco applies the Dutch Collection Costs Act (Wet Incasso Kosten – WIK) schedule, as established in the Decision on Extrajudicial Collection Costs. More information can be found at nvi.nl/wet-incasso-kosten-wik.
Article 7: Liability
7.1 Molco is only liable for direct damage resulting from a culpable failure, up to the invoice value of the relevant product or, if the invoice value exceeds the amount for which Molco is insured, up to the amount for which Molco is insured. Molco is not liable for:
Article 8: Complaints / Warranty (see complete warranty conditions at https://www.molco.nl/en/)
8.1 Minor deviations acceptable in trade or technically unavoidable differences in quality, model, color, or finish do not constitute grounds for complaints or warranty claims.
8.2 The client must check the products upon delivery for visible damage and/or missing parts. Any defects must be recorded on the delivery receipt.
8.3 Molco must always be given the opportunity to repair or replace products. If the client or third parties replace parts or incur additional costs without Molco’s prior written consent, all warranty or compensation claims are void.
8.4 If Molco agrees as a courtesy to compensate labor hours, a standard rate of €45 per hour (excluding VAT) applies, without recognition of liability. Compensation is calculated based on Haynes’ established flat-rate times. Molco reserves the right to suspend payments until supplier investigation results, determining whether repairs are necessary, are available.
8.5 If Molco grants written permission to install third-party parts, they will be reimbursed at cost price.
8.6 If products are modified, damaged, or altered after delivery, all rights to complaints or warranty are void.
8.7 If products are partially or fully damaged or lost upon delivery, the client is only entitled to replacement delivery. Molco will carry out the replacement as soon as possible.
8.8 In case of damage, loss, or delay during transport, the client cannot derive any other rights than those specified in this article.
8.9 Complaints do not give the client the right to suspend payments.
8.10 Molco provides the client with the same warranty as its manufacturers/suppliers, without additional warranties. Ashuki and Palidium house brands have a 3-year warranty, except for electrical components (1 year).
8.11 Unreported parts will not be processed or credited. If Molco receives no further instructions within one week, the parts will be destroyed without the client being entitled to compensation.
Article 9: Force Majeure
9.1 Molco is responsible for delivering products as soon as possible in cooperation with carriers and suppliers. If the agreed delivery period is not met, Molco will attempt to find a commercial solution.
9.2 Force majeure refers to any circumstance beyond Molco’s control that prevents full or partial fulfillment of obligations, including – but not limited to – war, fire, government measures, export or import bans, pandemics, strikes, supply chain disruptions, weather conditions, transport problems, or similar circumstances.
9.3 In the event of force majeure, Molco has the right to postpone or cancel the shipment. In such cases, the client is entitled to terminate the agreement.
Article 10: Returns (see complete return conditions at https://www.molco.nl/en/)
10.1 Goods received may only be returned if Molco has given prior written consent. The costs of return shipment will then be borne by Molco. If the client has partially or fully terminated the agreement under Article 9, they are entitled to return the relevant products after prior notification.
10.2 When returning a product, it must be carefully packaged in the original or equivalent packaging. Damage caused during transport due to inadequate packaging is at the client’s risk and expense. Molco reserves the right to partially or fully refuse returns with transport damage depending on the extent of the damage.
10.3 It is not permitted to return individual parts from sets, such as a water pump from a timing kit. Returns can only be made for the complete set in its original, undamaged condition. Molco reserves the right to always refuse returns of individual parts from sets.
Article 11: Bonuses
11.1 Bonuses are only due and payable if the client is not in default regarding the full performance of any obligation arising from this agreement or supplementary agreements.
11.2 For garages: points are automatically earned with each order on the Molco webshop. For every €50 of orders, three points are awarded. Accumulated points can be exchanged for a Bol.com gift card or webshop credit. Points remain valid for two years. Gift card redemption is done via the webshop, with delivery by email within one to two weeks. Webshop credit can be applied directly in the shopping cart, deducting the corresponding amount from the order total. For more information, see “Revenue & Bonus Points” on the webshop. Wholesalers are not eligible to earn points.
11.3 In addition to earning points, the client can earn extra points by achieving their annual sales target. This target is automatically set at the beginning of the year and can be adjusted until July 31. If the client reaches their sales target, they receive 10% of the target as extra points, in addition to the points already earned.
Article 12: Suspension and Termination
12.1 If the client fails to meet one or more of their obligations under an agreement, does not meet them on time, or does not perform them properly, Molco is entitled, without further notice of default or judicial intervention, and without being liable for any damages, to suspend (future) delivery of products and/or performance of services and/or to terminate the agreement immediately by written notice, without prejudice to other rights of Molco.
12.2 Molco has the right, in the following cases, to terminate the agreement immediately in writing, without prior notice of default, judicial intervention, or liability for damages:
Article 13: Intellectual Property
13.1 All drawings, diagrams, (digital) documentation, and other information provided by Molco remain the property of Molco or its suppliers.
13.2 Without prior written consent from Molco, the client is not permitted to copy, disclose to third parties, or use this information for their own production.
13.3 Breach of this prohibition will result in an immediately payable penalty of €25,000 per violation, without prejudice to the right to full compensation.
Article 14: Amendment or Supplement of Terms and Conditions
14.1 Molco reserves the right to amend and/or supplement these general terms and conditions at any time. For already accepted orders, however, the terms, clauses, and provisions in effect on the day the agreement is concluded shall apply.
Article 15: Applicable Law
15.1 All quotations, brochures, offers, price quotes, other proposals, and agreements of Molco are governed exclusively by Dutch law, unless otherwise agreed in writing.
15.2 All disputes arising in connection with or resulting from quotations, brochures, offers, price quotes, other proposals, and agreements of Molco shall be settled by the competent court in the district where Molco is established, without prejudice to the right of appeal and cassation.
