1. Each offer of our partnership as well as each and every sales agreement between our partnership and any buyer is subject to the stipulations mentioned below so far as not agreed upon otherwise by parties in writing.
2. Any stipulations that differ from the terms of sale are explicitly agreed upon between buyer and partnership. By concluding an agreement with our partnership. the buyer has waived the right to appeal to other terms and conditions. Even if the conditions of the buyer contain a stipulation of the same scope as the one meant in article 1, these terms of sale take at all times precedence over any such terms of the buyer.
3. All images shown have, in the widest possible sense, only an indicative meaning.
Time of delivery
4. Times of delivery agreed upon must be considered indicative and for delivery ex works only. A term of delivery expressed in time starts no sooner than the moment when the last of the terms stated in the confirmation of order has been met.
5. When it has been agreed upon that the goods to be delivered must be called by the buyer within a certain period of time and the buyer fails to meet his obligations as regards this matter, our partnership has the right to dissolve the agreement without proof of default and without the intervention of a judge, to deliver the goods to the buyer at our discretion or to store these goods for buyer’s account and at buyer’s risk, by which the partnership will have met her obligation to deliver the goods.
6. Products supplied by our partnership always travel at buyer’s risk, even when the term of delivery “free” is used and regardless the means of transport and the route chosen.
7. The ownership of the goods to be delivered by the partnership does not pass on to the buyer until he has paid all that he is due to the partnership on whatever grounds there may be. Until this time of payment the buyer is compelled to store the goods in such a way that they are recognisable as the property of the partnership, if the partnership demands so in writing.
8. In spite of any complaints about defects of the goods the buyer is obliged to pay the purchase price at the time agreed upon.
9. If the partnership demands so the buyer is at all times obliged to pay the whole purchase price or part of it in advance or to provide a security sound enough according to the partnership for meeting his obligations towards the partnership.
10. Refusal of goods or documents representing the goods does not discharge the buyer of his obligation to pay. The buyer is not entitled to return the goods unless the partnership has granted him permission in writing to do so.
11. Please note that all our business transactions are subject to the rules and stipulations under Dutch law.
Terms of Payment and Delivery
All offers are without engagement, unless explicitly stated otherwise. Whenever an order is placed without the mentioning of a price this order will -independent of offers made at an earlier date or prices charged previously – be executed at prices valid on the day of ordering.
2. Acceptance of orders
Unless the seller notifies the buyer not later than on the eighth day after the order has been placed that he does not accept his order or only on certain conditions, the seller is supposed to have accepted the order.
3. Cancellation of the agreement
Cancellation of the agreement is not allowed unless this could be demanded by law or as far as this would be provided for by the stipulations of these terms. Agreements are supposed to have been executed by the seller if and as soon as the goods ordered are offered to the buyer for delivery. The seller has the right to cancel all current contracts or to deliver only on cash payment, in case the buyer fails to meet his obligations towards the seller.
Claims by which is understood all grievances on account of the state of a delivery can only be handed in within eight days after the date of delivery and only if the goods are in the same state as in which they were delivered. Slight, in the trade acceptable or technically unavoidable aberrations or differences in quality, colour, size or workmanship can never cause a basis for claims. In case of a claim accepted by the seller, the seller is allowed to once more deliver goods in accordance with the order.
5. Circumstances beyond control of the seller
The seller, hampered in the execution of an agreement by circumstances beyond his control, has the right to consider himself no longer committed to finish the execution of the agreement while notifying the other party of this decision by registered mail. By circumstances beyond control of the seller is meant each unforeseen circumstance due to which normal execution of the agreement cannot reasonably be demanded by the buyer. Because of this circumstances beyond control can among other things be: fire, strike and exclusion, mechanical failure or measures taken by any government that will seriously affect the execution of the agreement.
The seller is never forced to pay any other damages than those explicitly stipulated in these terms and in particular not the compensation of direct or indirect damage including damage to third parties, loss of profit, etc.
7. Postponement of payment obligations
The buyer can postpone his obligation to pay only if, after having handed in a claim as meant in article 4, he brings this dispute before a court within 8 days after the claim has definitely been turned down by the seller by registered mail.
Buyer explicitly waivers his right to be compensated for any of his counterclaims. Payment must be made cash or within 30 days after delivery. In case of non-timely payment the seller is entitled to claim on the buyer all costs – both legal and non-legal – caused by non-payment.
9. Reservation of ownership
All goods delivered and not sold on remain the property of the seller until the purchase price has been paid in full. The buyer is not entitled to forfeit any unpaid goods or pass these on to others as a form of security in the widest possible sense and is in case of non-timely payment obliged to return the goods that have not yet been sold to the seller right after the first reminder. In case of resale the seller becomes the claimant on the purchase price of the goods, while after the first reminder of the seller the buyer undertakes to co-operate in a deed of assignment in which the buyer assigns his claims on his customer to the seller to the amount of the purchase price that the buyer is due to the seller.
10. Dutch Law
Please note that all our business transactions are subject to the rules and stipulations under Dutch law.
All our designs are protected by copyright. Any infringement is strictly forbidden.
In the past after a violation of our rights we took legal steps, resulting in a conviction. The consequence of this is that the jurisprudence ( the sentence of the judge) protects our copyright even better. Therefore, if plagiarism of any kind whatsoever comes to our notice, we will not hesitate to take immediate legal action.