SALES AND DELIVERY
Article 1. Applicability
Unless otherwise expressly agreed, these conditions apply to all offers, agreements of purchase and sale and supply of all goods and services, which are placed by the seller on the market and / or provided. Buyer accepts the applicability of these conditions by the mere fact of its mission. General or specific applied by the buyer Purchase be accepted by the seller and are not applicable unless and until the said Purchase expressly authorized in writing by the seller governed by these conditions offers, agreements and deliveries (and, if it is a legal person, the driver thereof) have been declared applicable to a specific transaction. if and when an offer and / or agreement between the purchaser and such acceptance of the applicability of any such Purchase shall entail in any case, that Purchase in other transactions between buyer and seller are required (will be), seller of the forum without the applicability of these conditions is expressly excluded by these conditions offers and / or agreements stipulated otherwise, the remaining provisions of these terms and conditions remain in full force.
Article 2. QUOTATIONS, ADVICE AND ORDERS
All offers are subject, however, provided that vendor to the prices in its written quotations is bound for a period of 14 days from the dispatch of the relevant quotation. All prices are net cash, without discount and excluding taxes payable at the time of delivery. Is made an order without a price is expressly agreed upon this matter previously calculated price, against the run at the time of the execution of the order prevailing price. For each agreed quantity has a tolerance of 10% admitted on the understanding that seller is required to receive 10% or more and less pay, with a minimum of 1 kg., Respectively. 1 lt. Seller is he -if not a relevant quotation is gehouden- entitled not to accept orders. He is then obliged buyer of sending notice within 5 working days of receipt of the order.
Article 3. DELIVERY
The seller has fulfilled his obligation to deliver by offering the goods once the agreed time buyer. The report not who arranged the transport serves as full proof of the offer to deliver if the buyer refuses to take delivery of the goods, in which case the cost of the return freight, storage and other necessary costs borne by the buyer. The offer to deliver is equated with supply. In case of refusal of receipt of the goods seller will store them for 30 days after deals. He'll buyer in writing that these goods can (do) collect cash. After the expiry of this period, the seller is entitled to sell the goods to a third party or otherwise dispose thereof. If upon delivery deadline agreed not to call is regarded as such a period of four months beginning on the date the contract is closed. After this period, or the agreed demand period, the seller the right to claim in respect of a credit installment payment of the goods sold on call.
Article 4. LATE DELIVERY
shows delayed delivery, if it is made within reasonable limits, any entitlement to compensation or dissolution of the agreement. Seller is obliged to arrange a more reasonable delivery period.
Article 5. Force majeure
Force majeure means: any circumstance which seller could not consider at the time of entering into the agreement and as a result of which the normal performance of the agreement can not reasonably be required by the buyer such as war or threat of war, regardless of whether the Netherlands is thereby directly is concerned, full or partial mobilization, martial law, riots, sabotage, flood, fire or other destruction in factories or warehouses and exclusions. In case of force majeure, the seller is entitled to dissolve the agreement without being obliged to pay compensation.
Article 6. ADVANCE PAYMENT / SECURITY
Seller is always entitled to demand advance payment or security from the buyer before making a delivery or a further delivery. If the buyer with the required advance payment or security defaults expires on any vendor obligation to deliver, without prejudice to the Seller's right to compensation for all damages, costs and interest by vendor.
Article 7. RETENTION
All goods delivered remain the exclusive property of the seller until such time as all claims -from this or previous leveranties- from seller to buyer fully buyer discharged. The goods can be immediately recovered by the seller if the buyer has not fulfilled its obligations or the seller has reason to believe that the buyer will not fulfill his obligations. The be costs associated with the reversal will purchaser. Upon return will be credited based on the value of having the goods on return.
Article 8. TRADEMARKS AND PACKAGING
Seller reserves the right to provide the goods with its own name and trademark. Only six months after the invoice date, free at warehouse, returned packaging that is in perfect condition and it was charged, gives right to compensation calculated value. Of packaging is being rejected copper notified in writing within 30 days of receipt, and this packaging is kept at its disposal a week, after which the seller is free to discard without any obligation to compensation thereof. Not separate packaging calculated on the bill is not taken back by the seller.
Article 9. SHIPPING
Shipment shall be borne by the buyer (unless otherwise agreed) shipping is at the risk of the buyer. After accepting the mission's complaints based on transport damage impossible. Buyer can optionally close additional transport insurance at his / her insurance company.
Article 10. COMPLAINTS
1. Complaints of any nature whatsoever, suspend the buyer does not and can not be placed in writing to Seller within the time limits specified in this section.
2. No complaint is admissible if the purchaser has processed or while supplies buyer alleged lack of the goods could have discovered by simple inspection. No complaint has been admitted on the basis of technically unavoidable differences in color and features.
3. Complaints relating to delivery shortfalls, incorrect appearance, weights, numbers or on the packaging and the price can only be made within 14 days after delivery of the goods.
4. Complaints about the quality of the delivered goods may only be made within 14 days after the buyer has discovered the faultiness of the goods, but in no case later than six months after delivery of the goods. If mentioned complaints must be filed within that period shorter term sustainability in the packaging.
5. The buyer soundness paint products supplied to the exclusion of any other means of proof only be demonstrated by the presentation of a report by the Institute Paint RIP, where the cost of reporting borne by the unsuccessful party. For all other products are no binding rules of evidence.
6. The faultiness of delivered printing inks can be demonstrated by the purchaser by any means with the proviso that if faulty only is considered not to meet the seller in respect of the relevant product specification (s).
7. The obligation of the seller in respect of faulty goods, for documentation, processing and other advice, supervision and inspection, will never exceed an amount equal to 1 x the invoice amount of the delivered whose faultiness has been proved. In no case the seller is liable for any consequential damages under whatever name and under whatever heading ago.
8. The buyer is proving that the goods to which the complaint relates are the same as those supplied by the vendor.
Article 11. PAYMENTS
1. Buyer is subject to contractual clauses obliged to pay the invoices within 8 days after the invoice date without deduction of any discount. Settlement with any claim against the seller.
2. Until the invoice amount includes the kredietbeperkings fee of up to 3% mentioned in the bill, which may be only deducted if the invoice is paid the remainder within 8 days after the invoice date.
3. If the buyer the invoice amount does not fulfill, he's seller an interest of 1¼% of the invoice amount for each month or part thereof by which the payment period has been exceeded.
4. Only those payments are valid, carried out in the manner indicated by the Seller.
5. Before being able to calculate collection costs to the buyer, the seller is obliged buyer to write in writing to pay, with a payment term of 10 days will be observed. If the buyer nevertheless remains in default of payment the seller is entitled to demand in court the amount due, without any further demand for payment being required. By late payment is the entire debt, including the non-expired portion thereof immediately due and payable.
6. Outside the amount the seller is entitled to recover from Buyer all costs that are caused by non-payment of copper, both judicial and extrajudicial collection costs.
7. Extrajudicial collection costs are payable by the buyer in any case where seller has secured the assistance of a third party for recovery. They amount to 12% of the claimed amount, being the invoice amount plus accrued interest in accordance with paragraph 3 of this article, with a minimum of 50, -.
8. Seller is not obliged to show that he has fallen into the issue of extrajudicial collection. If the seller requests the bankruptcy of the buyer, the latter off the amount owed, and the subsequent judicial and / or extrajudicial costs also pay the costs of the bankruptcy petition.
Article 12. DISPUTES
Unless the parties their disputes to arbitration have subjected all disputes (interlocutory proceedings and permission for attachment underneath included), which may arise between the parties in connection with this sale and delivery or further agreements are tried exclusively by the District Court in Amsterdam so far as they fall under the jurisdiction of a court and the law has not declared another court authorized by mandatory law. All disputes will be settled according to Dutch law