General delivery and payment conditions Liner Innovation registered office in Etten-Leur filed with the Chamber of Commerce for West-Brabant in Breda on 12/06/1998 under number 617. Reproduction and Copyrights are reserved. The Dutch conditions are leading.
1. All our offers, agreements and the execution thereof are exclusively governed by these terms. Exceptions must be expressly agreed in writing with us.
2. By "other party" in these terms mean any (legal) person, which our company has concluded a contract or wishes to agreeand moreover, their representative (s), agent (s), assignee (s) and heirs.
1. All offers made by us are free, interim price changes and errors in our catalog reserved. All previous offers expire when we release a new catalog.
2. Any estimates, plans or other documents which accompany an offer, at all times remain our property and must on demand be returned to us free of charges. Samples may, within 14 days (except when printed), be returned free of charge provided they are undamaged and in the original packaging. They may not be reproduced without our permission, nor given to third parties.
3. Transmission of offers and/or (other) documentation does not oblige us to accept an order. Non-acceptance by us will be as soon as possible notified but in any event within 14 days to the other party.
4. We reserve the right to cancel orders without any reason, or on cash on delivery.
1. Subject to the following conditions, an agreement with us only after we are then in an order in writing, or confirmed, the date of the confirmation is. The order confirmation is considered the correct and complete representation, unless the other party has protested in writing immediately.
2. Any subsequent additional agreements or amendments are only binding if confirmed in writing by us.
3. For transactions for which types and sizes of any offer or order confirmation is sent, the invoice is considered the agreement correctly and completely, unless a complaint within three working days after the invoice date.
4. Any agreement on our part under the condition that the other party - only to our sole review - sufficiently creditworthy the financial performance of the contract.
5. When entering or after entering into the agreement, prior to (further) performance to demand of the other party security that both the payment and other obligations will be met.
6. We are entitled to - if we find it necessary or desirable for the proper performance of our assignment and after consultation with the other party, for the execution of the agreement to ask other people to which the costs to the counterpart will be accordance with the submitted quotations.
7. The other party shall be liable to timely provide all information and documentation necessary for the proper performance of the contract.
1. Unless otherwise stated, our prices are: based on delivery from our company warehouse or other storage, excluding VAT, import duties, other taxes, levies and duties, excluding the costs of packing, loading and unloading, transport and insurance, in Euro, any rate changes are passed.
2. In case of increase in one or more cost factors, we are entitled to increase the order price accordingly, and one other subject to any relevant existing laws, except that known future increases in the order must be specified.
If the other party after an agreement has been reached, wishes to cancel, 10% of order price (including tax) will be charged as cancellation costs, without prejudice to our right to full damages, including lost profit.
1. From the moment of conclusion of the contract is purchased at the risk of the counterparty. Unless otherwise agreed, delivery from the warehouse. Free delivery only if and insofar as we have has agreed with the other party and the invoice or otherwise indicated.
2. The time of delivery is the moment when the fish sold in our warehouse ready.
3. The other party is obligated to packaging and delivered immediately upon delivery and any shortages or visible damage to control or carry out this check after notification from us that the goods available to the other party.
4. Any shortages and / or damage to the goods delivered and / or packaging the delivery exists, the other party on the delivery, the invoice and / or the transport documents (to) indicate, failing which the other party is deemed what is delivered to have approved. If then any complaints in that regard not be considered.
5. We are entitled to deliver in parts (part deliveries), which we can invoice separately.
6. Indication of delivery is always approximate, unless expressly agreed otherwise in writing. We are entitled to delivery will occur before the expected delivery date.
7. Claimed amounts are approximate, except that we are not responsible for deviations of 10% more or less than the specified amount.
8. If after the expiry of the delivery by the other party has not taken, they are stored at its disposal, risk and expense of the other party.
TRANSPORT / RISK
1. The method of transport, shipping, packing, etc., if no further instructions by the other party has been provided to us by our house as well and diligence. Unless otherwise agreed, the other party all such risk itself, including fault / negligence of the carrier.
2. Any specific wishes of the other party regarding the transport / shipment shall be carried out if the other party has declared its willingness to bear additional costs.
3. We are entitled to sustainable packaging materials to charge a fee, which is listed on the invoice. When we charge such a fee, will be settled after return in undamaged condition.
1. "Force majeure" is defined as: any of the will of the parties and / or unforeseen circumstance which fulfillment of the agreement by the other party reasonably can no longer be required.
2. If in our opinion the force majeure of a temporary nature, we have the right implementation of the agreement so long to suspend until the fact that the force majeure no longer occurs.
3. If in our opinion the force majeure of a permanent nature, the parties may agree upon the termination of the agreement and the related consequences. 4. We are entitled to demand payment of benefits in the implementation of the agreement have been carried out before the circumstances causing force majeure is demonstrated.
5. The party that believes in supremacy to (come) condition, the other party shall immediately notify.
1. All copyrights and all drawings, molds, lithographs, designs, sketches, models, etc., by or on our behalf for the execution of the agreement remain our property and the right to use them.
2. Counterparty guarantees at all times that the use of data provided by the other party or otherwise, we will not conflict with any law or third-party rights.
3. Furthermore, they will indemnify us in full for all direct and indirect consequences of any third party claims against us could make due to violation of this guarantee.
1. We exclude any liability, insofar as not provided for by law is mandatory.
2. Our liability, the total amount of the order never exceed. 3. Subject to generally applicable legal rules of public order and good faith, we are not liable for any damages of any nature whatsoever, direct or indirect, including damage to movable or immovable property or to persons, at the other party and third parties. 4. In any case we are not liable for damages arising from or caused by the use of the product or by the unsuitability for the purpose for which the party has purchased.
5. By the mere receipt of the goods delivered by or on behalf of the party, we are protected against all possible claims by the other party and / or third parties to pay compensation, whether the damage occurred as a result of composition and / or workmanship or by any other cause. COMPLAINTS 1. Any claims will be accepted by us only if we directly within 8 days after delivery of the performance in writing, under precise statement of the nature and reason for the complaints.
2. Complaints about invoices must be submitted in writing, within 14 days after the invoice date. 3. After expiry of this deadline, the party considered it, or the invoice to have approved. Claims will not be dealt with by us. 4. If the complaint is justified we doo, we are only obliged to deliver the agreed performance.
5. Only if and insofar as the complaint is found to be suspend the payment obligation of the other party, until the complaint has been completed.
6. Return of the delivery can occur only after our written permission and according to our conditions. WARRANTY 1. Subject to the following restrictions, we grant for a period to be agreed by the warranty on our products. This guarantee is limited to posing factory defects and therefore does not malfunctions that are caused in any form of consumption or wear and tear of the parts supplied.
2. On additions or from third parties by us no longer warranted, then this gives us the third supplier.
3. The warranty expires if the other party or third parties engaged by him on improper use made of the delivery.
4. The guarantee also expires if the other party and / or third parties engaged by modifying work to be performed provided.
5. We replace in order to meet our guarantee obligation, then the replaced parts become our property.
1. Goods delivered remain our property until such time as all our supplies and work performed under contract to be performed or supplies and activities, including interest and costs paid by the other party. In case of suspension of payments, bankruptcy, suspension of payments, liquidation of the other party, or death when the other party is a natural person, we are entitled to the order without notice or judicial intervention, wholly or partially cancel the unpaid portion of the delivery to recover. Cancellation and return to our right to compensation for loss or damage. In these cases any claim of ours on the other party immediately and payable in full.
2. Cases may by the other party in the ordinary course of its business be sold or used, but may not be given nor collateral as security for a claim third. 3. As guarantee for correct payment of all our claims, on any grounds whatsoever, we also obtain possessory pledge - the creation of the claim - in all those cases where the goods supplied by us are incorporated or to which they belong. The order signed by the other party and the following written acceptance by us as valid deed under the Act.
1. Goods delivered remain our property until such time as all our supplies and work performed under contract to be performed or supplies and activities, including interest and costs paid by the other party.
2. All payments made by the other party primarily to pay any interest and collection costs incurred by us and then to pay the oldest outstanding invoices.
3.If the other party: • in the state of bankruptcy, makes an assignment about a request for suspension of payment or seizure of all or a portion of its property is made, dies or is placed under guardianship, by force of law or of these conditions on its obligation fails, neglects an invoice or a portion thereof within the stipulated period, goes on strike or transfers his company or a significant portion thereof, including the contribution of its business in a prospective or existing company, or decides to change the objective of his company, we have by the mere occurrence of one of the constituents circumstances the law or the agreement, or any amount payable by the party based on the services provided by us, immediately and without any warning or notice is necessary to claim in its entirety, without prejudice to our right to recover costs, damages and interest.
INTEREST AND COSTS
1. If payment is not made within the period specified in the previous article has occurred, the other party in default from the invoice date and a rate of 1% per (part of) a month on the outstanding amount.
2. All judicial and extrajudicial costs shall be borne by the other party. The court costs include all actual costs of legal and procedural assistance during legal proceedings, which exceed the liquidation rate. The extrajudicial collection costs are at least 15% of the above, including interest owed by the other party.
All our offers, agreements and their implementation are subject to Dutch law.
All disputes, including those which only one party deems to be, arising from or related to the contract to which these conditions apply whether the conditions themselves and their interpretation or implementation, both factual and legal nature will be before the competent civil court within whose jurisdiction our home is located, unless the magistrate has jurisdiction.