General terms of delivery

Article 1 definitions
1. In these general conditions of the following terms used in the following meanings unless otherwise expressly indicated:
User: the user of the General conditions;
Copper: the other party of user, in the exercise of profession or business;
Agreement: the agreement between user and copper.

Article 2, General
1. The provisions of these terms and conditions apply to any offer, and any agreement between user and a buyer that user terms and conditions of application has stated, if these conditions are not in writing by the parties expressly and departed.
2. The present conditions also apply to all agreements with the user, for the implementation of which third parties must be fully involved.
3. General conditions of the buyer are only relevant if expressly in writing, it was agreed that this exclusion of these conditions apply. If it will be any conflicting provisions of the General conditions of user and copper are only between the parties and for so many, if they are part of the terms of user.
4. If one or more provisions in these general conditions to be void, or were allowed to continue to be destroyed, the other provisions of these terms and conditions shall apply. User and copper will consult with the aim of the new provisions than to replace the cancelled or voided provisions, which if and as far as possible the purpose and spirit of the original provision will be taken into account.

Article 3 offers and quotes
1. All offers are binding, unless the offer of a deadline for acceptance has been mentioned.
2. The non-committal user-created quotes are; they are valid for 30 days, unless otherwise indicated. User is bound to only the quotes if the acceptance of this by the buyer in writing within thirty days.
3. Delivery times in quotes are indicative of the user and give the buyer when exceeding it are not entitled to cancellation or compensation, unless explicitly stated otherwise, it was agreed.
4. The prices in these offers are inclusive of VAT and quotes and other charges of contaminating, as well as shipping and any transport and packing costs, unless explicitly stated otherwise.
5. If the adoption (no) different from the quoted in the supply of user do not bound. The agreement is not in accordance with these foreign adoption, unless otherwise by user.
6. A compound obligation price quote to delivery of user is not a part of the offer or quotation in the proceedings against a understood in accordance with part of the specified price.
7. Offers or quotations are not automatically for back orders.

Article 4 implementation of the agreement
1. The agreement will best insight and ability and in accordance with the requirements of good craftsmanship. On the basis of the currently known state of science.
2. If and insofar as the proper implementation of the agreement that has user the right to some of the work carried out by third parties.
3. The buyer will make sure that all user data, which indicates that this be necessary or reasonably ought to the buyer to understand that these are necessary for the implementation of the agreement, in a timely manner to be provided to user. If the for the implementation of the agreement of the necessary information not provided in good time to user, user the right of the implementation of the agreement to suspend and/or delay resulting from the additional costs, according to the usual rates charged to the buyer.
4. User shall not be liable, even partially, for any damages of any kind.
5. If it was agreed that the agreement will be implemented in phases can user the implementation of the parts that belong to a later stage that the buyer hold the results of the previous phase has been approved in writing.
6. It provides a user for any buyer's claims of third parties, in connection with the implementation of the agreement to suffer and the copper chargeable.
7. At the time that the goods, the warehouse, Office premises, and/or other location of user leaves the responsibility of user on the goods to go at that time of leave to buyer. In this respect, inter alia, vermissingen, damages, defects, whether or not, in part, or the damage and/or liability.

Article 5 delivery
1. Provision is done off factory/store/warehouse of user.
2. The purchaser is obliged to take things at the time that user to take or do deliver to him, or at a time when he under the agreement be made available.
3. If the buyer refuses to issue or negligence in providing information or instructions necessary for the delivery, is entitled to the business user to save for account and risk of buyer.
4. If the issues to be concerned is entitled to any user to bezorgkosten. This will be invoiced separately if then.
5. If the user data needs to be of the buyer in the context of implementation of the agreement, the delivery lead time to catch after buyer this user is.
6. If a user has specified for delivery time, it is purely indicative. A specified delivery time is never a fatal term.
7. The business user is authorized to make in sections, unless this agreement in writing to the terms or a partial delivery is no independent value. The user is entitled to invoice supplied separately.
8. If it was agreed that the agreement will be implemented in phases can user the implementation of the parts that belong to a later stage that the buyer hold the results of the previous phase has been approved in writing.
9. Once ordered and delivered shoes can only be taken by the user to return if expressly agreed in writing to be different.
10. All costs, such as shipping, tracking, packaging, "retraining" and stockerings-all the other costs relating to item 9. from article 5, are fully charged to buyer.

Article 6 samples and models
1. To the buyer is a sample or model shown or given, the suspect only as a letter to be provided that the matter to reply to this specific point that, unless expressly agreed that the matter will be in line.
2. Cost of Monster (s) or model, including administration, package and vezendkosten are charged to buyer

Article 7 on research, advertising
1. Buyer is held in the work at the time of delivery (off), but in any case within 10 business days of receiving goods (do). Buyer is to examine the quality and quantity of the work in line with what has been agreed, at least meets the requirements that in the normal traffic (trade).
2. Any visible defects or shortcomings are within 10 working days after delivery to be in writing to user. Not visible defects or shortcomings are within three weeks after discovery but no later than within 12 months after delivery to be reported.
3. If, following the last member in good time is gereclameerd, buyer to issue and payment of the purchased business. Want to return to buyer lack of business, it takes place this issue with the express written permission of the user clicks on the way as to indicate by user.

Article 8, price and cost
1. If a user with the buyer is a fixed price is agreed, however, the user is entitled to an increase in the price.
2. User has permission to include, among other things, if prices are between the time of offer and implementation of the agreement have been significant price changes with regard to, for example, exchange rates, wages, purchase, raw materials, halffabricaten packaging material.
3. The user prices are including VAT and any other charges, as well as any in the context of the agreement to costs, including shipping and handling charges, unless otherwise indicated.

Article 9, amending the agreement
1. If during the implementation of the agreement shows that for a proper implementation it is necessary to carry out the work to change, and/or with the parties will promptly and in the Convention accordingly.
2. If parties reflect that the agreement is changed, and/or the time of completion of the implementation as a result, will be affected. User will be the buyer as soon as possible.
3. If the change and/or addition to the financial agreement and/or qualitative consequences on the buyer will user informed in advance.
4. If a fixed rate has been agreed will indicate the extent to which the user in the modification or addition of the Convention is a fixed rate exceeded this.
5. In derogation from the user to this matter will not be more specific cost costs if the modification or addition is the result of circumstances that can be recognized to him.

Article 10 payment
1. Payment, unless otherwise agreed in writing, to be carried out within 14 days after invoice date, by a user to indicate in the currency for which there has been invoiced. Objections to the height of the suspension of the payment is not invoices.
2. If the buyer in the payment within the term of 14 days, then the buyer shall in absence. Copper is when that happens, a finance charge amount due by 1% per month, unless the legal interest rate is higher in which case the legal interest. The interest on the calculated amount will be legally enforceable claims from the time of copper in absence is up to the moment of satisfaction of the full amount.
3. In the event of liquidation, bankruptcy, or surseance of the payment of the buyer, the progress made by user on the buyer immediately wages.
4. User has the right of the payments made by the buyer to serve in the first disc of the costs, then deduct the interest and, finally, vacant deducted from the principal and the current interest rate.
User can, without as a result, in absence, refuse an offer to pay, if the buyer in a different order for the accrual.
User can complete repayment of principal, if not also the vacant and ongoing interest as well as the costs are met.
5. Payment discount amount, delcredere and minderingen all the other is expressly excluded payments unless otherwise agreed in writing.

Article 11 of retention of
1. All user-supplied business, including any designs, sketches, drawings, movies, software, (electronic) files, etc. remain the property of user until the buyer those commitments from all user agreements has been fulfilled.
2. The buyer is not empowered the people who have committed under the retention of title to sign away nor any other means to objections.
3. If a third party provide the services provided under the retention of title or business like to draw or rights, is required of copper as soon as reasonably user can be expected to be aware of.
4. The buyer is obliged, under the retention of title-provided assurances and to keep the insured against fire, ontploffings and water damage, as well as against theft and the policy of this insurance on first request to me.
5. By user-supplied in accordance with the business, which is under 1. some of this article under the retention of title, can only be in the context of a normal bedrijfsuitoefening be resold, and never be used as a means of payment.
6. In the event that user is identified in this article, property rights would like to exercise right now the buyer and not unconditional consent to herroepbare by this user or to third parties for all these places to enter, where the property of user and to take things back.

Article 12 guarantees
1. User guarantees that the deliverables to comply with the usual requirements and standards that can be made, and free of any defects.
2. The 1. These warranty applies for a period of 6 months after delivery, and applies to production errors. Assessment of whether there is a production errors by user. User errors are excluded from warranty. Assessment of whether there is of user error by user.
4. If the deliverables do not meet these guarantees, the matter will user within a reasonable period after receipt thereof, or, if return is reasonable is not possible, written notification to the point of failure by copper, of your choice of user, replace, or to ensure recovery. In case of replacement of copper is already now connects the Replace method to return to user and the ownership back to user.
5. To this matter referred to the warranty does not occur when the lack of as a result of improper or inappropriate use, or when, without written permission of user, copper or third parties have made changes to be the case or have used for purposes for which the matter is not intended.
6. If the user-provided guarantee a matter that was produced by a third party is limited to the guarantee, which by the manufacturer of the matter is provided for.
7. Any shipping, tracking and packing costs are fully charged to buyer.

Article 13 of the debt collection costs
1. Is copper in default or in absence of the fulfilment of one or more of its obligations, then all reasonable costs for the purpose of satisfaction out of straight for account of buyer. If buyer in the early satisfaction of a sum of money, then immediately enforceable verbeurt he is a fine of 15% on the amount due yet. This with a minimum of $ 50.00.
2. If the user has created a higher cost, which can reasonably were necessary, this decision.
3. The possible judicial execution created a reasonable cost and also on behalf of buyer.
4. Copper is on the created collection costs, interest due.

Article 14, the suspension and termination
1. User is responsible for the fulfilment of commitments to suspend or dissolve the agreement, if:
Purchaser the obligations contained in the agreement is not fully comply with or not.
-After the close of the agreement reached in the knowledge-based user conditions give good reason to fear that the buyer will not meet the obligations. In case there is good reason to fear that the buyer is only partially or not properly, is only permitted to be suspended as far as the weakness of its justification.
purchaser at the close of the agreement calls for security is the satisfaction of its obligations in the EULA and this security is still pending, or is not enough. As soon as security, the power of suspension expires, unless it is therefore unreasonable delay satisfaction.
2. It is also responsible to the user agreement (do) dissolution if the circumstances are such that it is impossible to comply with the agreement or to the standards of reasonableness and fairness can no longer be required, however, if any other conditions which are such that in practically the maintenance of the agreement should not be reasonably expected.
3. If the agreement is dissolved, the progress made by user on the buyer immediately wages. If the user the fulfilment of commitments to be deferred, he claims from the law and agreement.
4. User retains the right to reparation for ever.

Article 15 restitution issues made available
1. If the user to buyer in the business is made of copper deposits thus delivered within 10 days in the original state, free from defects and full return. If the buyer does not fulfil this obligation are all cost.
2. If the buyer, for any reason, after this would facilitate this reminder in the meantime with 1. These obligations, has the right user the ensuing damages and costs, including the cost of replacement, on copper.

Article 16 of liability
1. If inadequate by user-supplied business, is the responsibility of user to copper limited to the conditions under which "guarantees".
2. If user is liable for direct damages, liability is limited up to twice the amount of that Declaration, at least part of the agreement on which the liability concerns, at least to a maximum of $ 500,-. (Carex: 500-euro). The liability is limited at any time up to the amount of the assuradeur of the user to provide benefits.
3. Under the direct damages only:
-the reasonable cost of the cause and extent of the damage, as far as the definition refers to damage within the meaning of these conditions;
-any reasonable costs for the poor performance of the user to the agreement, unless it is no user can be recognized;
-a reasonable cost, created to prevent or limit damage, as far as buyer shows that these costs have led to reduction of direct damage as referred to in these terms and conditions.
4. User is never liable for indirect damages, including consequential, lost profits, lost savings, and damage caused by business stagnation.
5. The conditions included limitation of liability for direct damages do not apply if the damage is due to intentionally or serious fault of his subordinates or user.

Article 17, risk-transition
1. The risk of loss or corruption of the products that are subject to the agreement, on copper on at a time when this copper legal and/or in fact be provided in the power of copper or of a buyer, point to any third party.

Article 18 of force majeure
1. Parties are not obligated to meet any duty, if they are as a result of a circumstance that is not due to debt, and neither under the law, a legal act or in force in the movement for their views.
2. Under the Act of God is in addition to these general conditions to understand what so the law and jurisprudence is understood, all of the causes, as well as outside coming or not, that user does not influence, but which user is unable to fulfil its obligations. Werkstakingen in the company of user, including.
3. User has the right to invoke on force majeure, if the condition that prevents further compliance (), takes place after the user should have to fulfil his commitment.
4. Parties during the period that the force majeure continues, the obligations contained in the agreement. If this period longer than two months, any party entitled to dissolve the agreement, without obligation of compensation for damage to the other party.
5. Voorzoveel user at the time of the most of the supremacy in the meantime, in part, are obligations contained in the agreement has been fulfilled or not they will be able to meet, and at the met, respectively, to fulfil its independent value section is entitled to the user has already been complied with, respectively, to meet people to be invoiced. section Copper has been taken to comply with this invoice if it were a separate agreement.

Article 19 safeguards
1. The buyer, it provides a user for third-party claims relating to intellectual property rights to materials supplied by the buyer, or data, which in the implementation of the agreement is to be used.
2. If the buyer to user information systems, electronic files or software, etc., that the guarantee information systems, electronic files or software free of viruses and defects.

Article 20 of intellectual property and copyright
1. Without prejudice to the General conditions also retains some of the user the rights and privileges for that user is to provide, on the basis of the limiting.
2. It is not allowed to change the buyer in the business, unless the nature of the provided otherwise in writing or otherwise agreed.
3. Within the framework of the agreement, if necessary, by the user to design, established sketches, drawings, movies, software, and other materials or (e) continue to take ownership of files, regardless of whether this user to the purchaser or to any third party to have been made, unless otherwise agreed.
4. All the documents provided by user, if necessary, such as design, sketches, drawings, movies, software, (electronic) files and so on, only to the buyer to be used by him, and should not, without the express permission of the user may be reproduced, disclosed or known of any third party, unless the nature of the issues that are provided, otherwise.
5. The user the right, if any, by the implementation of the work has increased knowledge to use for other purposes, provided that no confidential information to third-party knowledge.

Article 21 of secrecy
1. Both parties are required to maintain confidentiality of all the confidential information that they are in the context of their agreement to one another or from other sources. Information as confidential if it is informed by a party, or if this is the result of the nature of the information.
2. If, on the basis of a legislative provision or a court ruling, user, is confidential information to the law or the competent judge designated to provide third parties, and user is not able to rely on a legal or recognised by the competent judge or allow right of verschoning, it is not taken for compensation user or compensation, and the other party not entitled to the cancellation of the agreement on the basis of any damages, this will cause.

Article 22 disputes
1. The judge in the location of user is exclusively competent to take note of disputes, unless the canton of judge. However, user the right to submit the dispute to the competent judge in accordance with the law.
2. Parties shall first call on the right to do after they have also worked in a dispute settlement.

Article 23, applicable law
1. In any agreement between user and the buyer Dutch law applies. The Viennese is expressly excluded to buy. Treaty

Article 24, explanation and occurrence of the terms and conditions
1. These conditions are registered at the kantore of the Chamber of Commerce to Zwolle.
2. In the event of an explanation of the content and meaning of these general conditions, the Dutch text of this increasingly crucial.
3. Apply the latest registered version or version was the time of the establishment of the agreement.