Terms and Conditions
Overland Campers, located at Griendstraat 4, 2921 LA, Krimpen aan den IJssel, registered with the Chamber of Commerce in Rotterdam under number 83744215, email: info@overlandcampers.nl, telephone number +31 6 16109633 or +31 6 22967614.
Overland Campers is engaged in the conversion/installation, fitting of accessories, repair, and sale of motorhomes. These general terms and conditions apply to all work/orders that Overland Campers undertakes with a buyer.
Article 1 - General
1. Only these general terms and conditions apply to all offers, quotations, and agreements of Overland Campers, regardless of any (previous) reference by the buyer to its own or other general terms and conditions. Overland Campers expressly rejects the applicability of other general terms and conditions.
2. If one or more provisions of these general terms and conditions are invalid or void, the remaining provisions will remain in force.
3. These general terms and conditions apply to all actions and agreements involving Overland Campers.
4. Deviations are only valid if they have been recorded in writing by both parties. Deviations also refer to additions or extensions to these general terms and conditions, as well as the cancellation of a concluded (purchase) agreement.
5. Overland Campers reserves the right to amend these general terms and conditions. The amendments will take effect one month after they have been announced or at a later date if specified. Overland Campers must notify the buyer of any amendments to these general terms and conditions in a timely manner.
Article 2 - The offer/quotation
1. The offer/quote from Overland Campers is made verbally, in writing, or electronically and is non-binding unless otherwise indicated.
2. The offer/quotation is valid for 30 days unless otherwise indicated.
3. All offers/quotations are subject to any price changes made by external parties. In this case, Overland Campers will issue a revised offer/quotation reflecting any such price changes.
4. The pricing method used for the agreement consists of a contract price. This means that Overland Campers quotes a fixed amount for the work described in the quotation. If a new Mercedes-Benz Sprinter is ordered for the customer by Overland Campers, this contract price also includes the purchase price of the Mercedes-Benz Sprinter.
5. Each offer can only be accepted once by the customer and does not apply to a subsequent order, unless otherwise agreed in writing.
6. All models, drawings, plans, documents, and tools manufactured or modified by Overland Campers, as well as the related technical information and know-how, remain its property. This also applies in cases where costs have been charged or improvements have been made after the sale, whether or not at the request of the buyer. They may not be copied, in whole or in part, without the written consent of Overland Campers, other than for internal use by the buyer, nor may they be shown to third parties, made available or disclosed in any other way, nor may they be used or made available by the buyer other than for the purpose for which they were provided by Overland Campers.
Article 3 - The agreement
1. All agreements must be recorded in writing or electronically. These agreements are concluded after written or electronic confirmation from Overland Campers.
2. Additional agreements or changes to the agreement are only valid after written or electronic confirmation from Overland Campers.
3. This agreement shall include at least the following:
brand;
type;
Price list for installation and additional options for Mercedes Sprinter;
price and method of payment;
expected delivery date;
any specific agreements that have been mutually agreed upon.
4. After the agreement has been concluded, the buyer has 7 days to cancel it. The cancellation must be made in writing. If specific parts have already been ordered for this project, these must be purchased and paid for by the buyer within one (1) week. The right to cancel expires if the item to be purchased has been delivered to the buyer by Overland Campers. Please note that, subject to the aforementioned notice period, Overland Campers is entitled to suspend its obligations during this notice period.
Article 4 - Prices and additional work
1. All prices stated in the quotation/agreement are in euros and include VAT, unless otherwise agreed. Changes in taxes, excise duties, and other government levies will be passed on to the customer without exception. This also applies to price increases resulting from changes in manufacturer and/or importer prices and exchange rates.
2. Price quotations are always approximate, unless Overland Campers and the buyer have agreed on a fixed price and have recorded this in writing or electronically.
3. As soon as Overland Campers anticipates that the costs of the work as specified in the quotation/agreement will increase by more than 10%, Overland Campers will notify the buyer. In the event of a price decrease, Overland Campers will notify the buyer. Both parties will amend the agreement in mutual consultation.
Article 5 - Payment
1. Overland Campers applies a payment term of 14 days unless otherwise agreed in writing or electronically.
2. If it concerns a build-in order for a bus supplied by the customer, Overland Campers is entitled to demand a deposit of €10,000, which also serves to reserve a construction slot. Afterwards, the buyer is obliged to pay 50% of the remaining amount for the build-in work and the additional options in accordance with the price list. The remaining amount for the installation work and additional options in accordance with the price list will be paid upon delivery. This also applies to any additional work.
If it concerns a new Mercedes Sprinter that Overland Campers both supplies and installs additional options in, Overland Campers will apply the following payment schedule.
A. Upon conclusion of the agreement, a deposit of €10,000 excluding VAT, which also serves to reserve a construction slot;
B. In the case of a new Mercedes Sprinter to be delivered: upon receipt of the invoice from Van Mossel, the Buyer shall pay the total purchase price of the Mercedes;
C. No later than four calendar weeks before the start of the installation work, the Buyer shall pay 50% of the remaining amount for the installation work and the additional options in accordance with the price list.
D. Upon completion: remaining installation work and additional options in accordance with the price list. Any additional work included.
3. Invoices must be paid within 14 days of receipt by bank transfer. If invoices are not paid within the specified period, Overland Campers has the right to suspend the agreement or not to deliver the goods ordered.
4. Upon expiry of the payment term, the buyer is immediately in default. All claims of Overland Campers against the buyer are due and payable from that moment on.
5. Goods or services provided remain the full property of Overland Campers until they have been paid for in full. If, after four weeks, goods or services have not been paid for, Overland Campers is entitled to charge statutory interest, unless otherwise agreed, calculated from one month after the date on which payment should have been made, with the remaining part of the month being counted as a whole month. If the buyer fails to pay the remaining amount, Overland Campers is entitled to increase this amount by the collection costs.
Article 6 - Delivery
1. The agreement always states an estimated delivery date. This is not a strict delivery deadline. Overland Campers therefore has the right to exceed this delivery date. If this delivery date is exceeded, Overland Campers will notify the buyer in good time. The buyer is not entitled to compensation if Overland Campers exceeds the estimated delivery date. The estimated delivery date is based on circumstances known at the time of concluding the agreement, assuming normal delivery of goods by third parties.
2. Changes to the agreement, such as additional work, may result in the delivery date being exceeded. In this case, the delivery date will be adjusted in proportion to the work.
3. Once all work as discussed in the agreement has been completed and the buyer has been notified of this, the buyer has a period of up to 14 days to collect his/her property, unless otherwise agreed. If this period is exceeded, Overland Campers will charge reasonable storage costs for this.
4. Delivery will generally take place at the Overland Campers workshop.
5. The customer is responsible for checking the vehicle themselves.
Article 7 - Retention of title
1. All parts/accessories delivered/installed by Overland Campers remain the property of Overland Campers until the full amount agreed in the agreement has been paid as described in Article 5. If this is not complied with, Overland Campers is entitled to dismantle these parts/accessories.
2. Until the full amount agreed in the agreement has been paid, Overland Campers may retain possession of the vehicle until the entire amount has been paid.
3. Parts or accessories replaced during work automatically become the property of Overland Campers, which is responsible for the proper disposal of these parts or accessories. Unless otherwise agreed in advance by both parties and stated in the agreement.
Article 8 - Warranty conditions
1. Overland Campers guarantees the quality of the services/work or products it provides and ensures that these are carried out with craftsmanship and in compliance with safety requirements.
2. Overland Campers provides a warranty period of 36 months or 40,000 km on all newly delivered services/work or products. The warranty period for newly delivered products/components may differ, as the supplier/manufacturer may apply a longer/shorter period.
3. Overland Campers provides a warranty period of 6 months on all repair and/or maintenance work delivered or performed by Overland Campers.
4. In the following cases, the warranty provided by Overland Campers will be void:
Defects or damage resulting from work not carried out by Overland Campers.
Due to improper use or exposure of the vehicle to extreme conditions.
Defects caused by third parties or by the buyer after delivery of the vehicle/product.
The use of materials/products or a working method that Overland Campers does not endorse.
Damage resulting from modifications to the vehicle by the buyer or third parties.
Discoloration of natural products such as wood.
5. Overland Campers does not provide any warranty on the technical/engine/electrical installation of the vehicle body, which has not been assembled or modified by Overland Campers. This includes all technical defects in parts of the bus that were factory-fitted.
(e.g., the entire powertrain, safety systems, and vehicle lighting).
Overland Campers also does not provide any warranty on corrosion of the chassis or bodywork.
Mercedes provides the warranty on the vehicle. Overland Campers performs all installations on the vehicle in accordance with Mercedes-Benz standards.
6. If the buyer discovers a defect and wishes to make a claim under the warranty, the buyer must report this defect to Overland Campers for assessment within 14 days of discovering the defect. The buyer must also give Overland Campers the opportunity to repair these defects. If the buyer has these defects repaired by third parties without consulting Overland Campers, the buyer cannot hold Overland Campers liable for the costs incurred.
7. Repairs, including those covered by the warranty, will be carried out at the Overland Campers premises. The buyer is responsible for any travel and/or accommodation costs.
Article 9 - Liability and force majeure
Overland Campers is never liable for indirect damage, including in any case:
consequential damage;
lost profits;
missed savings; and
damage caused by business or other types of stagnation.
In the case of consumer purchases, this limitation does not extend beyond that permitted under Article 7:24(2) of the Dutch Civil Code. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Overland Campers. Overland Campers is not liable for mutilation, destruction, theft, or loss of data or documents. If Overland Campers is liable for any damage, Overland Campers' liability is limited to a maximum of the amount stated on the invoice, excluding the purchase price of the vehicle. Overland Campers is not liable for vandalism, destruction, theft, or loss of goods or vehicles belonging to the buyer. The buyer must report any damage for which Overland Campers may be held liable to Overland Campers as soon as possible, but in any case within 14 days after the damage occurred, on pain of forfeiture of any right to compensation for this damage. Any liability claim against Overland Campers expires within one year after the buyer became aware of the damaging event or could reasonably have been aware of it.
2. Any indication given by Overland Campers regarding the amount of the additional BPM tax is always an indication; Overland Campers can never be held liable for this amount being higher than indicated, or for the payment of this amount.
3. All persons entering the Overland Campers workshop do so at their own risk and only after obtaining permission from an Overland Campers employee.
4. When the buyer carries out a (partial) project in collaboration with Overland Campers or when Overland Campers issues advice, Overland Campers is never liable for any consequential damage.
5. If the buyer provides their own bus/vehicle for conversion into a camper van, Overland Campers can never be held liable for the technical specifications that a camper van/motorhome must meet, as determined by the Tax and Customs Administration. The buyer is responsible for the chosen vehicle/bus.
6. Overland Campers cannot be held liable for indirect damage suffered by the buyer as a result of the agreement not being concluded (on time).
7. Overland Campers is not liable for theft of items belonging to the buyer that are located in or on the vehicle on which Overland Campers is working. This includes: inventory, cargo, and other property belonging to the buyer.
8. If Overland Campers is unable to fulfill its obligations as described in the agreement due to force majeure, the fulfillment of the obligations will be suspended for the duration of the force majeure. In the event of force majeure, Overland Campers will always notify the buyer immediately.
Force majeure is understood to mean:
Delayed or late delivery from one or more suppliers of Overland Campers.
Transportation issues of any kind that hinder transportation to and from Overland Campers.
Changes in government measures, fire, flooding, sabotage, strikes.
Business disruption or interruption for any reason whatsoever (e.g., long-term illness).
In the event of force majeure, Overland Campers has the right to either change the delivery date as specified in the agreement or to terminate the agreement in consultation and with mutual approval.
9. The buyer indemnifies Overland Campers against any claims from third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the buyer. If Overland Campers is held liable by third parties, the buyer is obliged to assist Overland Campers both in and out of court. All costs and damage incurred by Overland Campers and third parties are furthermore at the expense and risk of the buyer.
Article 10 - Dissolution, cancellation, or termination of the agreement
1. If the buyer fails to meet the payment obligation as discussed in Article 5, either in full or in part, or fails to do so on time, Overland Campers may terminate the agreement between the buyer and Overland Campers in whole or in part without notice of default and without judicial intervention.
2. Termination of the entire agreement by the buyer is contractually excluded. Partial termination by the buyer is possible and must be done by registered letter or electronically. Prior to this, the buyer must inform Overland Campers of the problems and give Overland Campers a reasonable period of time to remedy any shortcomings. These shortcomings must be clearly described or indicated with visual material.
3. The buyer is obliged to pay Overland Campers for the work performed up to the moment of termination.
4. In the event that Overland Campers orders a new Mercedes Sprinter from Van Mossel on behalf of the buyer but subsequently fails to take delivery (i.e., fails to pay the invoice in accordance with Article 5, paragraph 2, sub b of these general terms and conditions), Overland Campers is entitled to impose a penalty on the buyer in the amount of the initial deposit, i.e., €10,000 excluding VAT. No prior notice of default or legal proceedings are required to impose this penalty. Furthermore, the penalty does not affect Overland Campers' right to claim damages in addition to the penalty.
Article 11 - Applicable law
The applicable law governing any legal relationship between the seller/repairer and the buyer is Dutch law.
