Press enter to search
These B2B Terms of Sale apply to all business customers of 9th Wave BV: dealers, OEM partners, wheel builders and other companies purchasing for resale or for use in their own products. Consumers purchasing via our webshop are governed by our consumer Terms & Conditions.
1.1 “9th Wave”, “we”, “us”: 9th Wave BV, trading as 9th Wave Cycling, Prinsenweide 26, 7317 BB Apeldoorn, the Netherlands, Chamber of Commerce no. 63396378, VAT no. NL855217765B01.
1.2 “Customer”: any business (acting in the course of its trade or profession) that has a B2B account with us or places an order with us for resale or for use in its own products.
1.3 “Stock Order”: an order for products that are in stock or are delivered from our regular production.
1.4 “Plan Order”: an order for a planned quantity of products produced to order for a planned delivery date, as described in article 5.
1.5 These Terms apply to all quotations, price lists, order confirmations and deliveries from 9th Wave to the Customer. General terms of the Customer do not apply and are expressly rejected. Deviations from these Terms are only valid if agreed in writing (email is sufficient).
1.6 These Terms are published in English. If they are translated, the English version prevails.
2.1 B2B customers order through a B2B account on our website. After login, the Customer sees its purchase prices (excluding VAT) next to the recommended retail prices.
2.2 We work with the price levels Dealer, OEM Silver and OEM Gold. We assign the price level at our discretion, based on the type of partnership and the (planned) annual volume. OEM Gold is available for customers ordering or planning more than 25 wheelsets per calendar year.
2.3 We may review the assigned price level, for example when the actual volume structurally deviates from the agreed or planned volume. We will inform the Customer in writing before a change takes effect. A change never affects orders already confirmed.
3.1 All B2B prices are in euros, excluding VAT, excluding shipping costs and excluding import duties or local taxes outside the EU, unless stated otherwise.
3.2 The price list in force at the moment of our order confirmation applies. We may change our price lists at any time; changes do not affect orders already confirmed. The prices of a confirmed Plan Order are fixed for that Plan Order.
3.3 Recommended retail prices (RRP) are advisory only. The Customer is free to set its own resale prices. RRPs shown excluding VAT are consumer prices excluding VAT; the consumer price including VAT depends on the VAT rate of the country concerned.
3.4 Promotions and sale prices on our website apply to consumer prices only and do not affect B2B purchase prices.
3.5 In case of an obvious pricing error we are not bound by the incorrect price.
4.1 Orders are preferably placed via the B2B portal on our website, but may also be placed by email or in consultation with us.
4.2 An order is binding once we have confirmed it in writing (email or order confirmation from the webshop is sufficient). We may refuse an order without giving reasons.
4.3 Stated delivery times are good-faith estimates and never strict deadlines. Exceeding a delivery time does not entitle the Customer to compensation or cancellation, unless the delay is unreasonably long and the Customer has first given us written notice with a reasonable period to deliver.
5.1 A Plan Order is produced specifically for the Customer. The minimum quantity per Plan Order is 10 wheelsets. The wheelsets do not need to be delivered all at once; delivery in parts is possible according to a schedule agreed in the order confirmation.
5.2 An additional 5% discount on the applicable purchase price applies to Plan Orders.
5.3 Production of a Plan Order starts 10 weeks before the planned delivery date. From that moment the Plan Order is frozen: it can no longer be cancelled or changed.
5.4 Until the start of production, changes to specifications, quantities or planning are possible in consultation and subject to our written confirmation. Changes may affect price and delivery date.
5.5 Planning further ahead is always recommended, so that we can secure materials and production capacity.
6.1 Stock Orders are paid in full before dispatch.
6.2 Plan Orders: a deposit of 50% of the order value is due 10 weeks before the planned delivery date (start of production). Production only starts once the deposit has been received. The remaining 50% is invoiced when the order is ready for dispatch and must be paid before dispatch. For deliveries in parts, this applies per delivery unless agreed otherwise.
6.3 Because a Plan Order cannot be cancelled once production has started (article 5.3), the deposit is not refundable from that moment.
6.4 If the Customer does not pay on time, it is in default without further notice. We are then entitled to charge the statutory commercial interest (article 6:119a Dutch Civil Code) and extrajudicial collection costs, and to suspend further deliveries and production until all outstanding amounts have been paid.
6.5 If the remaining payment of a finished Plan Order is not received on time, we reserve the right to store the products at the Customer’s expense and risk, or to dissolve the agreement and retain the deposit as compensation. We will always do so in consultation with the Customer.
7.1 Shipping costs are charged separately unless agreed otherwise. Risk of loss or damage passes to the Customer upon delivery at the agreed delivery address.
7.2 If the Customer arranges its own transport or pickup, risk passes when the products are handed over to the Customer or its carrier.
8.1 All products remain the property of 9th Wave until the Customer has paid everything it owes us under the relevant agreement, including interest and costs.
8.2 Until ownership has passed, the Customer may only resell or process the products in the normal course of its business, and may not pledge them or grant any other right to third parties.
9.1 The Customer must inspect the products on receipt. Visible defects, transport damage, missing items or incorrect deliveries must be reported in writing within 8 days of receipt, with photos where possible. Transport damage must also be noted on the carrier’s delivery document.
9.2 Hidden defects must be reported in writing within 14 days after discovery.
9.3 Products may only be returned after our prior written approval.
10.1 The warranty on our products is set out in our warranty policy.
10.2 The Customer is the first point of contact for its own customers and resolves minor issues itself. All other warranty cases are registered with us by the Customer, with the original proof of purchase and a clear description and photos of the defect. After registration, 9th Wave handles the warranty claim in accordance with our warranty policy.
10.3 Shipping costs for sending products to 9th Wave are not reimbursed. After registering the warranty claim, the Customer (or its customer) arranges and pays for the shipment to 9th Wave.
10.4 The warranty does not cover damage caused by crashes, incorrect assembly or use, modifications, use with incompatible components, or normal wear.
11.1 Our total liability is limited to the invoice value of the products to which the claim relates. We are not liable for indirect or consequential damage, including lost profit, lost revenue or damage due to business interruption.
11.2 These limitations do not apply in case of intent or gross negligence on our part.
12.1 B2B purchase prices, discounts, price levels and specific agreements are confidential and may not be shared with third parties.
12.2 Products developed or produced exclusively for a specific customer, and their prices, are confidential and are never part of our general offer or price lists.
13.1 The Customer may use the 9th Wave name, logos and product images provided by us to promote and sell 9th Wave products, in a way that does not harm the brand. All intellectual property rights remain with 9th Wave.
14.1 We are not liable for failure or delay in performance caused by circumstances beyond our reasonable control, including delays or failures of suppliers, transport disruptions, strikes, pandemics, war, natural disasters and government measures. In that case we may suspend our obligations for the duration of the force majeure, or allocate available supply fairly among our customers.
15.1 All agreements are governed exclusively by Dutch law. The Vienna Sales Convention (CISG) does not apply.
15.2 All disputes are submitted exclusively to the competent court of the District Court of Gelderland, the Netherlands.
16.1 We may amend these Terms. The version in force at the time of our order confirmation applies to that order.
LAST UPDATED September 28, 2026
