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Unless otherwise agreed in writing, invoicing wi11 take place as follows: a. If assembly or installation of the product is carried out by the commissionee, the periods referred to in sections 1 and 2 shall commence on the day on which assembly or installation is completed by the commissionee, provided, however, that in that case the warranty period will in any case end once twelve months have elapsed since delivery in the meaning of article 4, section 2. In case of failure by the client to do so, the commissionee shall be entitled, without notice of default, to demand payment of the agreed purchase price for the products, delivery of which has not been taken, and the client shall be deemed to have taken delivery of the said products from the commissionee, after which they shall be stored for the account of and at the risk of the client against payment of all costs arising therefrom, without prejudice to the commissionee's other rights. In these delivery conditions the following meanings, among others, shall apply: - the commissionee: anyone who refers to the present delivery conditions in his offer; - the client: the party to whom the above-mentioned offer is addressed; - service: contracting for work. By 'personal data' we mean information that can be traced back directly or indirectly to an individual, without needing to know the name of that individual. The client shall be liable for payment of the statutory interest rate with effect from the due date. If desired by the client, the commissionee will arrange shipment to the internal destination without charge, provided that the products supplied can be transported to the internal destination with a lift sufficiently large for platform trucks and pallet trucks and without further hindrance, so that, if these conditions cannot be met, the commissionee will charge extra costs based on the number of man-hours involved. Should one of the parties request suspension of payments of be declared bankrupt, the other party shall be entitled to declare the agreements concluded dissolved by issuing written notification, or at his choice to suspend fulfillment of his obligations. If the delivery is postponed or brought forward at the clients request, the commissionee shall be entitled to reimbursement of the costs arising for him from such postponement or bringing forward and to the statutory rate of interest on the price of the products involved in the postponement. In so far as circumstances occur in which these conditions, or any provision thereof, could have unreasonable results, these conditions shall to that extent not be applicable. In these delivery conditions the following meanings shall apply: - product: items as well as services, such as maintenance, advice and inspection. Delivery shall also mean agreed partial deliveries. The latter arbitration tribunal shall be appointed in accordance with the regulations of the Stichting Raad van Arbitrage voor Metaalnijverheid en Handel arbitration council for the metal industry and commerce , established in The Hague and shall pass judgment with due regard for the regulations of that council. The provisions of this article shall apply only if the client enables the commissionee promptly to represent his interests vis-a-vis the party asserting rights of industrial property. In the event of nullity of one or more provisions of these conditions, the parties shall be bound by rules of as far as possible corresponding purport that are not subject to nullity. The commissionee shall have fulfilled his delivery obligation once he has delivered the products in the Netherlands, free at the premises ground-floor entrance hall or, outside the Netherlands, free Dutch border, without prejudice to the fulfillment of any other agreed undertakings. The commissionee reserves the right, after consultation with the client, to make and invoice partial deliveries. Minor dimensional differences or minor changes in design or components desirable for purposes of effective execution are excepted. Copies of the relevant drawings shall be signed by the client for approval and returned to the commissionee. We take the reliability and transparency of our services very seriously.{/INSERTKEYS}{/PARAGRAPH} The client is obliged to take delivery of the products purchased by him at the location described in article 4, section 2. If such delivery dates are not met, the commissionee shall consult the client. In the case of orders for less than 2, euro net list price, excluding value added tax, the commissionee will charge actual shipping costs or a fixed uplift for shipping costs. Items are at the risk of the commissionee until the time at which they have been placed under the actual control of the client, or of third parties engaged by the client. All disputes relating to matters to which the present conditions apply shall, subject to the right of the parties to invite decisions from the President of the District Court, giving judgment in interim proceedings, be submitted to the ordinary court in the commissionee's place of incorporation or district or, if parties so wish, to an arbitration tribunal. Except in the case of gross negligence on the part of the commissionee, or the applicability of statutory provisions regarding product liability as established for purposes of implementation of the relevant EU directive, and except as provided in section 1, any liability on the part of the commissionee, such as for loss of profits, other indirect loss and loss resulting from liability to third parties, is excluded. Scroll down or choose a subject for more information about it. If desired by the client, a trial installation may be made on the following conditions. Application of general conditions invoked by the opposite paraty of the commissionee is expressly excluded. The privacy policy covers the processing of the personal data of our existing and potential business associates and users of our websites and other services. If no orders for a particular item have been received and accepted by the commissionee for a period of two years, he shall be entitled to destroy the models, equipment, tools and dies concerned, without notifying the client involved hereof. If a situation as referred to in the preceding sentence has lasted for longer than ninety days, the parties shall be entitled, within ninety days thereafter, to cancel the agreement by giving written notice. If delivery at or near the place of delivery requires extra manhours as a result of the absence of paved surfaces or roads, or as a result of other circumstances, the commissionee shall be entitled to charge separately for such hours. The client is responsible for the choice, the use and the application in his organisation of the products and other services and performance to be provided by the commissionee. Such performance as shall already have been completed under the agreement shall be paid for pro rata, without the parties owing anything further to each other. Sections 1 and 2 apply mutatis mutandi to defects whose cause lies exclusively or predominantly in faulty assembly or installation by the commissionee. Payment should be made within thirty days after invoice date in a manner reasonably indicated by the commissionee. All matters to which these conditions apply shall be governed exclusively by Dutch law. The commissionee shall where appropriate be entitled to unhindered access to the items delivered. They may not be copied, in whole or in part, nor shown to third parties, without the express permission of the commissionee. All payments owed to the party entitled to terminate the agreements shall then become immediately payable. Models, equipment, tools, and dies, produced specially for an order, shall remain the property of the commissionee, even if costs have been charged therefor. The commissionee is therefore also not liable for. The client is liable in respect of a trial installation for use of, damage to or theft or loss of the products for an amount not exceeding the gross list-price value of the products concerned. Any installation or assembly costs, packaging and other costs incurred in connection with the delivery are not included in the price. Notwithstanding the provisions of section 1, the client shall ensure for his own account and risk: a. The present general conditions are intended to regulate in a reasonable manner the legal relationship between the commissionee and the client. Offers issued by the commissionee are not intended as binding. The prices indicated for delivery in the Netherlands are carriage paid to the client and for deliveries abroad: free Dutch border. If the commissionee, not having been commissioned to carry out the assembly, does provide help and assistance with assembly, of whatever kind, this shall occur at the client's risk. Advice is drawn up and given to the best of the knowledge and ability of the party concerned. They are therefore without engagement, in so far as the opposite is not unambiguously apparent. This exclusion may not be invoked if such invocation, where appropriate, would produce a result that would be unacceptable in terms of reasonableness and equity. The commissionee shall not be obliged to make subsequent repeat delivery of products supplied, if such products have been taken out of production or removed from his current product range for any other reason. In the event of loss of time as a result of missing items or a cause for which the commissionee is not liable, such extension to the delivery time shall be permitted as is reasonable considering all the circumstances. Claims in respect of visible defects shall be made immediately after discovery, but not later than fourteen days after actual transfer of the item to the client, in a written notification from the client to the commissionee. The offer issued by the commissionee and any drawings and schedules provided by him shall remain his property and, if no order results with the commissionee, shall be returned to him without delay. After expiry of the periods indicated, any claim against the commissionee in respect of the defects concerned shall lapse. The client shall render all co-operation to the commissionee in order to enable the commissionee to exercise the retention of title indicated in section 1 by taking back the items delivered, including any dismantling required therefor. Statements by the party adopting the present delivery conditions hereinafter referred to as 'the commissionee' are not intended as binding. If the work has to take place wholly - or partly - outside normal working hours, the uplift indicated in article 2, section 7 will be charged to the client. The delivery time shall commence at the latest of the following times: a. They are therefore without obligation, unless the opposite is unambiguously apparent. Article 3, section 4, shall apply mutatis mutandi to this extension. Copyright in advice, drawings, scenario, illustrations and descriptions provided by the commissionee shall at all times be retained by the commissionee. The commissionee shall take all reasonably requirable precautions to ensure that the performance to be provided does not contravene any right of intellectual property of a third party, applicable in the Netherlands. The commissionee's liability is limited to fulfillment of the warranty obligations described in article 11 of these conditions. Trial installation shall mean the installation on approval of products with standard specifications and a gross list price of not more than 7, euro excluding value added tax, together with relevant accessoiries, in a room or area to be made available by the client, for the purpose of visualising the work area or design in which the client is interested. If the agreement is entered into in writing, it shall come into effect on the date of signature of the contract by the commissionee, or on the date on which the written order confirmation is sent by the commissionee. If the client fails to fulfil, to fulfil correctly or to fulfil on time any obligation arising for him from the agreement entered into with the commissionee or from an agreement associated therewith, the commissionee shall not be obliged to provide any warranty with regard to any of these agreements, however named. Payments made by the client shall in each case be applied to fulfilment of all interest and costs owed and subsequently to invoices due and payable, which have been outstanding longest, even if the client indicates that the payment relates to a later invoice. Claims in respect of invisible defects shall be made immediately after discovery, but not later than fourteen days after expiry of the warranty period referred to in sections 2 and 3, in a written notification from the client to the commissionee. By way of contribution to the cost of the trial installation, the commissionee shall invoice the client for two-thirds of the gross list price of the products concerned, plus value added tax. Assessment of the suitability of the structure of the building in which the products are to be assembled is the responsibility of the client. Legal action in respect thereof shall be brought within one year of the timely notification of a claim, on penalty of cancellation. The client is liable for damage to products or tools, and for loss thereof, unless the commissionee is guilty of gross negligence or willful intent in this regard. If the client, without prior written permission from the commissionee, proceeds to dismantle, repair or perform other work on the product or has others do so, all claim to warranty shall lapse. If the client fails to fulfil any obligation arising from the agreement concluded with the commissionee, or fails to do so adequately or on time, or if it is open to serious doubt whether the client is capable of fulfilling his contractual obligations to the commissionee, the commissionee shall be entitled, without notice of default or judicial intervention, either to suspend the implementation of any agreement concluded with the client, or to dissolve said agreement in whole or in part, without being obliged to pay any compensation and without prejudice to his further rights. Products delivered to the client shall remain the property of the commissionee until such time as the client has paid in full to the commissionee all amounts owed by the client to the commissionee on account of deliveries or work, including interest and costs. If the client wishes to retain the products, they will then be invoiced by the commissionee, taking account of the payment already received pursuant to section 3. The dimensions and information indicated herein should be checked by the client in situ. Where necessary, the assembly work is based on drawings sent to the client in advance. {PARAGRAPH}{INSERTKEYS}DE These conditions apply to all legal relationships between the parties under the present agreement, or further agreements in the future, or for other reasons. The commissionee will charge without further uplift for any changes in wages or in costs of raw or other materials, to the extent that they are incurred or used for the specific purpose of the agreed performance, and that occur more than three months after entry into an agreement. The client warrants that no information relating to manufacturing or construction methods used by the commissionee shal be shown to, made known to or used by third parties. The guarantee shall in all cases exclude defects that occur in or result entirely or partly from: a. Lande NL B. If the invoice is paid before or on the due date, the client may deduct said amount from the invoice. Transport costs in both directions in the Netherlands and any assembly costs shall not be separately invoiced, which shall also not be the case after termination of the trial installation. Information indicated in catalogues, illustrations, drawings, standardization sheets, etc. Our privacy policy covers the processing of all personal data of our existing and potential business associates and users of our websites. The commissionee is not liable for advice provided or to be provided, unless this has been or becomes the express subject of a written agreement. If, despite this, the commissionee can be blamed for the fact that such right is infringed, the commissionee shall, notwithstanding the limits indicated in article 12, take back the items delivered and credit the cost of acquisition, or ensure that the client continues to be entitled to unhindered use of the item delivered, or of another equivalent item. In addition, the party concerned shall retain in full the rights relating to non-fulfillment of obligations. If circumstances occur that aggravate the fulfillment of the obligations of the parties in a manner that would be expected in the event of normal completion of the transaction concerned, to such an extent that it cannot be assumed that the parties would have accepted the obligation concerned if the subject circumstances had been present, the respective mutual obligations shall be suspended. Prices quoted exclude VAT and other levies imposed by the authorities. Costs reasonably incurred by the client in respect of collection of payment or exercising of rights in another manner, including all costs charged by outside experts as well as costs established judicially, shall be reimbursed by the client. If and in so far as the product supplied is defective according to the client, he shall not be entitled to refuse payment or to suspend his payment obligation with regard to products from the same shipment or delivery in respect of which no complaints have been notified.