Legal notice

Clause 1: Draper Tools Europe is solely liable to the buyer for damages resulting from defects in delivered goods as stipulated in Articles 8 and 9 of these terms and conditions. In the event of a defect in the delivered goods, Draper Tools Europe is never liable for any consequential damages, such as business interruption, suffered by the buyer due to the loss of the goods for any period of time or otherwise. Draper Tools Europe is also not liable for any other damages.

Clause 2: If the buyer becomes aware that an incident involving an item delivered by Draper Tools Europe occurs that leads to product liability as referred to in Article 6:185 of the Dutch Civil Code, the buyer must notify Draper Tools Europe of this immediately, but no later than on the first business day on which they become aware of the incident, by fax or email, stating as accurately as possible the type of product and the circumstances under which the incident occurred.

Section 3: If the buyer fails to notify Draper Tools Europe in accordance with the previous section, they will forfeit a fine of EUR 5,000, without prejudice to Draper Tools Europe's right to recover the actual damages if the actual damages suffered as a result of the failure to report the incident are higher.

Section 4: If an incident as referred to in the previous section occurs, the buyer is obligated to immediately cease use of all comparable products (products with the same catalog number) and return them to Draper Tools Europe for inspection, or to allow a technical expert of Draper Tools Europe's choosing to inspect the products on-site, or to allow a third-party expert designated by Draper Tools Europe to inspect the products.

Section 5: If the buyer fails to comply with the obligation under Article 10, Sections 2 through 10, Section 4, and a subsequent incident as referred to in Article 10, Section 2, occurs with a product bearing the same catalog number, the buyer must indemnify Draper Tools Europe against any claims from third parties in this regard.

Section 6: If the buyer does not use the goods for its business operations, but resells them to businesses or private individuals, the buyer must immediately cease selling products bearing the same catalog number as the product that caused the damage and immediately inform buyers who received products from the same series of the incident. Furthermore, Draper Tools Europe must be given the opportunity to do everything possible to inspect the safety of the products in stock and those already distributed to buyers, in accordance with the provisions of the previous section. Articles 10, Section 3, and 10, Section 5, apply accordingly.