Terms of Delivery, extract of the applicable Dutch version
Definition, applicability: By supplier is meant Mister Lanyard Nederland BV. These terms are applicable to all actions of supplier and exclude applicability of all other terms.
Offers and agreement: All offers are free of engagement. Prices exclude VAT and exclude cost made for transport, insurance, etc. Factors increasing the cost price may be passed on, up to a maximum of 10 percent. At any higher raise in cost price parties shall enter into consultation and discussion. In case client does not agree to the higher raise in cost price, both parties shall be relieved of their obligations. Orders shall be made in writing or via e-mail. Orders can only be cancelled if supplier did not make costs yet. Any alterations in the order are to be made in writing and have to be validated by supplier.
Delivery: Times of delivery shall be indicated by approximation. These times are not binding. In case of transgression supplier is not liable to pay compensation. Supplier is entitled to engage third parties to execute the agreement. Client shall compensate all costs arising from delays caused by client.
Partial deliveries are allowed. Any extra costs shall be compensated by the party initiating the partial delivery.
Delivery takes place at the place stipulated by client in the order. Transport is at clients risk and cost, even if the price of the goods is inc. transport costs.
Samples, inspection/reclamation: All samples, whether demonstrated or supplied, are indicative. Deviations are allowed as long as they do not substantially alter the goods.
Delivered goods shall be inspected immediately at delivery. Receipt of goods without any comments on delivery note or receipt counts as proof of delivery in good condition. Any reclamations shall be made within 5 days after delivery.
Liability and force majeure: In case force majeure on the part of supplier or his supplier hinders delivery, mutual obligations shall be postponed for the time of the force majeure.
In case the force majeure lasts for more than one month supplier shall be relieved from his obligations without being liable to pay compensations.
In case delivered goods do not meet the agreement due to faults in design, manufacture or material, supplier shall, of his own choice, repair or replace them, or credit the invoice after the goods have been returned.
Liability shall under no circumstances exceed the amount of the invoice.
Supplier does not accept any liability for loss of profits or turnover, consequential loss or intangible damage.
Ownership/intellectual ownership: Deliveries shall only pass ownership after the invoice has been paid.
All rights and intellectual ownership on the goods delivered remain at supplier and/or the original claimant.
In case of any order to multiply, reproduce or process goods, client states that the
(intellectual) claims of third parties shall not be breached, and he indemnifies supplier for those claims.
Payments: Supplier is entitled to require advance payment or COD. In case of delivery on invoice payment is due within 14 days from date of invoice at a bank account designated by supplier. Deduction or postponement are not allowed.
In case of transgression of the time of payment supplier is entitled to enhance the due amount with an interest of 1,5% per month or part of the month and with extrajudicial collection charges of at least 15% of the principal money.
Supplier is entitled to postpone deliveries in case supplier has not been paid for prior deliveries.
Choice of law and forum: Unless supplier prefers another court, any disputes between parties fall within the jurisdiction of the civil court of Noord-Holland to the exclusion of every other judge, arbitrator or legally binding advisor.
The agreement, of which these conditions form part, is subjected to Dutch law only. All stipulations made by Dutch civil law are fully applicable to any foreign client. We explicitly exclude the applicability of the Convention on Contracts for the International Sale of Goods (UNCITRAL), as well as the Dutch Uniform Trade Laws which resulted from that convention.
Translation: These terms of delivery are a translation of the registered Dutch terms of delivery. In case of differences between the versions, the Dutch version will prevail.