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Terms and conditions
Article 1. Relevance
In case of delivery of goods by Bird Feeder Houses Netherlands, with registered office in Utrecht, hereinafter referred to as Bird Feeder Houses Netherlands, will, unless otherwise agreed, the following conditions apply in writing. Of deviating conditions or stipulations to which other party in any way refer, mentioned in any correspondence or other context or generally in the economic sector are common, be eliminated by these terms.
Article 2. Totstandkomingg
• Doing a quote by Bird Feeder Houses Netherlands is without engagement and its the goods to be delivered. If the offer is not indicated otherwise, is valid. Longer than thirty days Offers from stock always made subject to prior sale.
• The agreement can only come about as Bird Feeder Houses Netherlands has confirmed to the other party, the contract in writing or an application is made to the actual implementation, within four weeks after placing the order. Similarly, agreements entered into by commercial agents, commercial travelers and / or other intermediaries bind Bird Feeder Houses Netherlands after these agreements are confirmed in writing by Bird Feeder Houses Netherlands Be it actually has begun with the implementation.
• Any later additions and / or amendments or (verbal) commitments by Bird Feeder Houses Netherlands and / or its employees, representatives, agents or other intermediaries are only binding if Bird Feeder Houses Netherlands confirmed by an authorized person, in writing or if Bird Feeder Houses Netherlands with the actual implementation has begun. The applicability of the provisions of Article 3:61, paragraph 2 and 3 Civil Code is explicitly rejected.
Article 3. Delivery and delivery time
• The oral or written statement of any delivery time is always approximate and is deemed never to have been fatal.
• Unless otherwise agreed in writing, delivery ex warehouse. Transport is always at the expense and risk of the other party, unless this is done by or on behalf of Bird Feeder Houses Netherlands.
• Bird Feeder Houses Netherlands is entitled to take place. Partial deliveries In that case, the other party is held in accordance with the provisions of Article 13 and 14, meet the relevant invoice as if it were a separate transaction.
• Bird Feeder Houses Netherlands is entitled at all times, if a product temporarily or not (no longer), an alternative or a type similar product of the same, to provide slightly lower or higher value available without first consulting with the other party. Consultation
Article 4. Provide information
On first demand from Bird Feeder Houses Netherlands counterparty is obliged to Bird Feeder Houses to notify the appropriate VAT identification number and the name under which party registered with the relevant state tax authorities. Netherlands
Article 5. Price
• Unless otherwise stated, prices are based on order date in force during the offer of purchase prices, wages, labor, social and government charges, freight, insurance premiums and other costs.
• In case of an increase of one or more cost factors Bird Feeder Houses Netherlands entitled to increase the order price accordingly, in compliance with relevant statutory provisions, provided however that already known future price at the close of the contract must be stated.
Article 6. Certainty
Bird Feeder House Netherlands is already authorized before delivery or the delivery or performance of the contract otherwise continue to recover. Sufficient security to fulfill payment obligations of the other party in its opinion
Article 7. Retention
• Delivered goods remain the exclusive property of Bird Feeder Houses Netherlands until the time when all our claims on the principal fully discharged. Until then the other party held the products separately from other goods and clearly identified as to preserve. Owned by us
• The retention of title shall affect the rights of the other party to sell prejudice, as long as Bird Feeder Houses Netherlands has exercised its right the rights of the other party to terminate for failure to perform any obligation to Bird Feeder Houses not use the products to its customers in the normal course of its business Netherlands.
Article 8. Advertisement
• Any complaints will be considered if they are received, subject to forfeiture of any right to do so. Within eight days after delivery by writing directly Bird Feeder Houses Netherlands For hidden faults, reclamation should take place. Within the warranty
• If complaints are recognized as valid, at the discretion of Bird Feeder Houses Netherlands, it can restore either the lack or the net invoice amount.
• Complaints about invoices must also be submitted in writing within eight days after the date of invoice.
• With the expiry of the periods referred to above, customer is considered it to have approved the invoices, then complaints are no longer taken by Bird Feeder Houses Netherlands pending.
• If the other party delivered, and in particular ancient textiles, processed by means of textile printing or embroidery, the customer is considered it, or the invoices have been inspected and approved. Complaints will no longer taken by Bird Feeder Houses Netherlands pending.
• The filing of complaint dismisses other party of its obligations under the agreement with Bird Feeder Houses Netherlands over the latter.
Article 8b. Advertising painting or print
• PMS colors are optimal values on white paper. Slight deviations in color on white surfaces are not cause for rejection of the goods supplied. On colored surfaces, silver substrates and transparent substrates can, in order to approach the desired PMS color needed to double pressing or (if possible) underlay. Throughout the text in white Additional costs will as well as the cost of any proofs, after prior consultation, will be charged. Slight deviations in color printing remain here no reason for rejection.
• Since the printed surfaces which are not always quite right or are flat, there may be slight imperfections in pressure occur especially at full cover prints, which are not cause for rejection.
• Applying stickers is basically handicrafts. Minor deviations in position and finishing are therefore not cause for rejection.
• The various goods are shifted when printing in and unpacked, in and out malllen etc. Slight damage (such as small scratches) arising on these transactions do not indicate defective or used goods and are therefore not cause for rejection.
• We reserve the right to 10% more or less to deliver.
Article 9. Warranty
• Unless expressly agreed in writing, gives Bird Feeder Houses Netherlands on the delivered no guarantee.
• In the event warranty by Bird Feeder Houses Netherlands provided, lapses if matter on which the guarantee relates, changes have been made not for their intended purpose or improper or used, operating instructions are not observed, improper repairs are carried out, or numbers or seals maimed or deleted.
• If warranty is provided by Bird Feeder Houses Netherlands the warranty expires, unless otherwise expressly agreed in writing, the number of months during which the producer guarantee provided, however, never more than six months.
• Under the guarantee provided by us in respect of property situated outside the Netherlands, we can be held responsible for the cost of repair or replacement up to the amount that these costs would have amounted to at runtime. Liable only in Netherlands
Article 10. Liability
• No, not timely or unsound delivery, or failure or malfunction of the Goods delivered shall not be entitled to compensation and / or dissolution, where there is beyond the control of Bird Feeder Houses Netherlands. In particular, this refers to in the event of improper use of the product, at the discretion of Bird Feeder Houses Netherlands, and if suppliers of Bird Feeder Houses Netherlands delay the production of the goods to be delivered, discontinue or make changes in it. In the latter case, Bird Feeder Houses Netherlands entitled to delivery if it deems that the changes involve only minor deviations from the original offering.
• For consequential damage, loss, delay damages, lost profits or any (other) indirect damages from any cause whatsoever and by whomsoever ago, Bird Feeder Houses Netherlands never liable.
Article 11. Odds
• Bird Feeder Houses Netherlands is not liable towards the other party for damages he might suffer as the only prevention, its performance hindered, delayed, or no longer feasible on an economic basis for her, due to circumstances beyond and the consequences which its management can not influence, whether foreseeable or that circumstances are or could be provided when order was accepted.
• In case of temporary force majeure Bird Feeder Houses Netherlands the right at its discretion to change the time of delivery or to cancel without being liable to pay compensation. Held the contract
Article 12. Dissolution
• In cases where party: In a state of bankruptcy, goes into administration, a request for suspension of payment or attachment to the whole or a portion of its assets are seized;
- Comes dies or is placed in receivership;
- Some fails by force of law or these conditions its obligation;
- Fails an invoice amount or a portion thereof to be paid within the prescribed period;
- Ringing to strike or transfer of its business or a substantial part thereof, including the transfer of its business in a prospective or existing company, or go to change the purpose of her business, Bird Feeder Houses Netherlands by the happening of one of the above conditions before payment, the right to terminate the agreement by written declaration subject to the rights to compensation of costs, damages and interest.
Article 13. Right to suspend
If and as long as other party does not properly or timely fulfill any obligation arising from the agreement concluded with Bird Feeder Houses Netherlands or a related agreement for her, Bird Feeder Houses Netherlands law from these agreements to suspend. Fulfill its obligations
Article 14. Payments
• Orders must be made before delivery, or by transfer to a designated Bird Feeder Houses Netherlands bank account, without discount or compensation. Always paid in advance In case of late payment, which is the due date by Bird Feeder Houses Netherlands indicated on the invoice, the delivery time may be of the ordered goods may be suspended. Bird Feeder House Netherlands is void liable, in any capacity, if the ordered goods are therefore the customer at a later date provided as the desired or fatal delivery date of the customer.
• New customers pay in advance is always a first order for delivery is made, or by transfer to a designated Bird Feeder Houses Netherlands bank account, without discount or compensation. In case of late payment, which is the due date by Bird Feeder Houses Netherlands indicated on the invoice, the delivery time may be of the ordered goods may be suspended. Bird Feeder House Netherlands is void liable, in any capacity, if the ordered goods are therefore the customer at a later date provided as the desired or fatal delivery date of the customer.
• Unless otherwise agreed, payment shall, at the discretion of Bird Feeder Houses Netherlands, or net cash on delivery or by deposit or transfer be made without discount or compensation. At a designated Bird Feeder Houses Netherlands bank account, within fourteen days of the invoice date
• Each payment by the other party seeks primarily to pay the interest owed by it and the collection costs incurred by Bird Feeder Houses Netherlands and / or administration, and is then deducted from the oldest outstanding claim.
• If payment by letter of credit agreed party bear all associated costs.
• Claims or complaints regarding any performance on our part, are never a valid reason for opposing party to suspend. Payments to us
Article 15. Interest and costs
• If payment is not made within the period specified in Article 14, the other party shall be in default and Bird Feeder Houses Netherlands entitled from that time rate of 2% a month (or part thereof) to be calculated on the outstanding amount.
• All legal and extrajudicial costs shall be borne by the other party. The extrajudicial costs are at least 15%, overseas 20% of the principal amount owed by the other party with a minimum of Euro 150, -.
Article 16. Disclaimer
Other party shall indemnify all liability on Bird Feeder Houses could rest with respect to the goods delivered by Bird Feeder Houses Netherlands. Netherlands third parties Bird Feeder Houses Netherlands
Article 17. Advice
Bird Feeder House Netherlands accepts no responsibility for its advice, they solicited or unsolicited.
Article 18. Pledge and lien
• All goods Bird Feeder Houses Netherlands, for whatever reason, has or will, for the purposes of her pledge as security for all claims which it has on other party or in the future will obtain.
• When the goods are brought into its power referred to in paragraph 1 of this Article or are handed to her Bird Feeder Houses Netherlands is a lien on the goods far as security for all claims they may have or may in the future acquire. At party
Article 19. Cancellation
If one accepted by Bird Feeder Houses Netherlands order is canceled by the other party's Bird Feeder Houses Netherlands entitled, provided that the cancellation is accepted, to charge 30% liquidated damages by it of the invoice amount, plus any costs incurred by suppliers to Bird Feeder Houses Netherlands charged.
Article 20. Applicable law and disputes
• The Dutch law is exclusively applicable.
• All disputes arising from the agreement concluded between the parties and not fall under the jurisdiction of the district court, in the first instance be tried only by the competent court in the district Breda.
• The provisions of paragraph 2 shall not affect the right Bird Feeder Houses Netherlands to submit to the competent court in accordance with the normal rules, or to obtain a settlement by arbitration or binding advice the dispute.