These terms and conditions apply to every quotation, offer, order, agreement and delivery between Nativ Trading B.V. ("Nativ", "we", "us") and any business customer ("the customer", "you").
Nativ buys and sells goods in its own name and for its own account. The agreement is therefore always between the customer and Nativ, never between the customer and our suppliers.
We only sell to businesses. The customer's own general terms and conditions are expressly rejected and do not apply, unless Nativ has accepted them in writing.
Quotations and price indications are non-binding and subject to availability. Unless stated otherwise, a quotation is valid for 3 working days. Because stock and prices in our markets change daily, prices are only final once we confirm your order.
An agreement is formed when we confirm your order in writing, including by email. If an advance payment is required and has not been received within 5 working days after our pro-forma invoice, we may cancel the order without any liability.
For a VAT-exempt intra-community delivery, the customer provides a VAT identification number that is valid in VIES. On request, the customer provides proof that the goods have been transported to another EU member state, such as a signed CMR or receipt confirmation, within 14 days. If the customer does not, or if the exemption is refused by the tax authorities, we may charge the VAT due afterwards, and the customer pays it.
All goods remain the property of Nativ until the customer has paid the full purchase price, including costs and interest. Until then, the customer stores the goods recognisably as Nativ's property and may only resell them in the normal course of business.
If a complaint is not made in time, the goods are deemed accepted.
All goods are genuine products, sourced from authorised distributors and producers in the European Economic Area.
The customer is responsible for choosing goods that are suitable for the intended use and for having them installed by qualified installers in accordance with the manufacturer's instructions and local rules. This includes any grid connection, certification or listing requirements in the country of use. Nativ only guarantees properties that are explicitly stated in the order confirmation.
For deliveries outside the Netherlands, the customer is responsible for any producer obligations in the country of destination, such as registration and fees for batteries, electrical and electronic equipment and packaging, unless agreed otherwise in writing. After delivery, the customer handles, stores and transports batteries in accordance with the applicable dangerous goods rules (including ADR).
Our liability is limited to the invoice value of the order concerned, except in case of intent or gross negligence. We are not liable for indirect or consequential damage, including loss of profit, loss of production, installation costs or project delays. Any claim lapses if it is not brought within one year after the customer became aware of it.
Neither party is liable for a failure or delay caused by circumstances beyond its reasonable control, including non-delivery by suppliers, transport disruptions, restrictions on the transport of dangerous goods, export controls and sanctions. If force majeure lasts longer than 60 days, either party may cancel the affected order without liability; payments already made for undelivered goods are refunded.
The customer will not sell, export or deliver the goods, directly or indirectly, to persons, entities or countries subject to EU, UN, UK or US sanctions. We may cancel an order with immediate effect if we have reasonable grounds to suspect a breach.
Quotations, prices and supplier details we share are confidential and may only be used to assess and perform our offer. They may not be shared with third parties without our written consent.
These terms and all agreements with Nativ are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Disputes are submitted exclusively to the District Court of North Holland (Haarlem), the Netherlands.
We may update these terms. The version in force when we confirm your order applies to that order.
Questions about these terms? Email us at sales@nativ.trading.