Terms And Conditions
ARTICLE 1: SCOPE OF APPLICATION.
These terms and conditions are applicable on all quotes, special offers and agreements, in which Concreet Concept BV (hereinafter refers to Concreet Concepts), or by any known company or brand name, provides advice or sells goods.
Concreet Concepts explicitly notes the applicability of the terms of supply, which differ from the terms and conditions. In the event that the customer, with his acceptance refers to his own terms and conditions and these terms and conditions should apply, Concreet Concepts is not bound.
In the event that an agreement of the terms and conditions is not valid, canceled or declared ineffective, the other agreements remain applicable nevertheless. Furthermore, an ineffective agreement should be converted into an agreement with, to the extent possible, the same implications.
Article 2: Quotation
2.1 The estimates of Concreet Concepts are not committed.
2.2 the quote is valid for 30 days, except in the case of an exception.
2.3 Concreet Concepts has the right to withdraw the quote for a maximum of 8 days after customer acceptance. Then the two parts are not related
Article 3: conclusion
3.1 The agreement will become irrevocable on the date of dispatch of the order confirmation by Concrete Concepts.
ARTICLE 4: PRICE
4.1 The prices indicated in the order confirmation are decisive.
4.2 Unless otherwise indicated, all prices are exclusive of VAT and other applicable taxes and duties.
4.3 Unless otherwise agreed, all prices exclude the cost of storage and transport from the place of production.
Article 5: Implementation
5.1 Concreet Concepts reserves the right to mark the goods to be delivered with its name, brand and / or coding.
5.2 Unless otherwise specified, Concreet Concepts is authorized to supply, with not more than 10%, more or less agreed units. The price will be adjusted accordingly.
5.3 In the case of a sample or a trial sale, all products delivered are considered to comply, as agreed upon during an event, in the event of inherent production, anomalies, variations or differences in the versions, regardless of their presence or different deliveries. The same goes for differences in colors and shades.
5.4 Without prejudice to point 3 specified, the goods comply at least with the agreement, if the appearance, such as dimensions, printing, colors, etc., complies with the samples approved by the customer.
Article 6. Packaging.
6.1 For each type of product, by Concreet Concepts, a piece of packaging is included, without the subject having the right to load a depot-container.
6.2 The packaging remains the property of Concreet Concept, and must be returned as soon as possible.
6.3 Article 6.2 does not apply to obvious single packages, for example shrink envelopes. Concreet Concept will not be obliged to take back this type of material.
Article 7. Force majeure
7.1 In the event that the execution of the agreement by Concreet Concepts, in whole or in part, permanent or temporary, will be prevented, as described in paragraph 3, Concreet Concept reserves the right to:
Denounce the agreement by written notification to the customer, for the part that is impracticable.
By written notification to the client, to postpone the performance of this part of the obligations that are impracticable for the duration of the prevention.
7.2 After the postponement, Concreet Concepts reserves the right, on the basis of this force majeure, to terminate the agreement, in whole or in part.
7.3 Force majeure shall be understood to include: war, state of siege, riots, terrorism, sabotage, natural disasters, government measures, fires, lock-outs, strikes, material shortages raw materials or auxiliaries, shortage of workers, failures in the supply of electricity and / or water, traffic congestion, breakdown of machinery and / or tools. As well as non-compliance with obligations vis-à-vis Concreet Concepts by third parties, regardless of the cause, without Concreet Concepts demonstrating its impact on its activities.
Article 8. Delivery
8.1 In the event that no delivery date has been agreed upon, the customer is obliged to take the goods within one month of sending the written notification of the completion of production of the goods.
8.2 Concreet Concepts reserves the right to deliver the goods in several separate shipments. The customer does not owe the proportional part of the purchase price. Unless otherwise agreed in writing, the customer is obliged to take the goods no later than six months after the date of entry into force of the agreement.
8.3 Unless otherwise specified, goods will be delivered from a site named Concreet Concepts of Concreet Concepts.
8.4 Concreet Concepts reserves the right to deliver the goods to a location other than that provided for in Article 8.3 against payment of possibly higher transport costs for the customer. Except in cases of force majeure.
8.5 The goods sold are always, from the site of Concreet Concepts, for the account and at the risk of the customer. The customer will, in this regard, be considered the sender. Except in the case of contrary provisions arising from agreements between the seller and third parties.
8.6 Concreet Concepts will not be responsible for damages of any kind suffered in the event that the delivery period is exceeded.
Article 9. Withholding of title.
9.1 Concreet Concept will retain ownership of all delivered goods, until the customer has fulfilled the obligations of the agreement with Concreet Concepts, within the meaning of article 92 of Book 3 of the Civil Code.
Article 10. Payment
10.1 Payment locations are the offices of Concreet Concept. The customer is authorized to make the payment by transfer of funds to the account indicated by Concreet Concepts.
10.2 Unless otherwise agreed, invoices must be paid by the customer within 30 days of the invoice date.
10.3 The Client is never authorized to offset or make any deductions.
10.4 Concreet Concepts is at all times authorized, even if it deviates from the agreement, to require payment or certainty regarding payment, before executing the agreement.
Article 11. Defective delivery / product liability
11.1 In the event of failures attributable to Concreet Concepts, the customer's right to compensation must be extinguished:
In the event that Concreet Concepts is not informed in writing of the failures, within 3 months of delivery and one month after processing.
In the event that the customer, taking into account reasonably foreseeable prudence on his part, could have prevented the damage.
11.2 The total compensation payable must never exceed the factual value of the goods proven to be ineffective.
Article 12. Advertisements
12.1 The customer must inform Concreet Concepts, in writing and correctly specified, of any concerns regarding the non-compliance of the goods delivered with the agreement, within one month after delivery. In the event that this term is exceeded, Concreet Concepts is no longer responsible. The customer must, on request and without delay, provide, by Concreet Concept, the required information, which could reasonably be considered important to determine the responsibility and the (extension of) damages, all this under penalty of loss of rights of all rights to repair.
12.2 Any right to compensation expires one year after delivery of the respective goods, in the event that Concreet Concepts is not cited by the competent court.
Article 13. Infringement by the client
13.1 The customer is in default without it being necessary to report a notice of default, in the event that, according to the provisions of article 10, he will not pay on time.
13.2 As a result of the event of default, the full purchase price becomes immediately due and payable, even for goods not yet delivered. In the event of default, the customer must pay the full amount of legal interest in trade receivables and also all (additional) legal costs. These (extra) judicial costs will not be less than 15% of the invoice value.
13.3 In the event that the customer is in default, Concreet Concept is authorized to postpone the performance of the obligations, until the full price has been paid or has given certainty as to payment.
13.4 In addition, Concreet Concepts is authorized to terminate the agreement, without having to go to court, by means of a written statement sent to the customer. Even though Concreet Concepts had initially postponed its fulfillment of the obligations. This is without prejudice to the right to full compensation for any damages by Concreet Concepts.
Article 14. Conseils
14.1 Concreet Concept donnera des conseils au meilleur de sa connaissance. Toute responsabilité supplémentaire pour son contenu, son exactitude et / ou son exhaustivité est exclue.
Article 15. Droits de propriété intellectuelle et industrielle.
15.1 Concreet Concepts possède les droits sur les images, les modèles et / ou les marques, ainsi que d’autres marques conçues et / ou produites par ou à l’aide de Concreet Concepts. Le client est obligé de respecter ces droits et d’informer Concreet Concept dès que possible, en cas de violation.
15.2 Le client indemnisera Concreet Concepts pour toute réclamation de tiers, pour des violations (prétendues) des droits d’auteur, du droit de patente et / ou de la marque ou de tout autre droit relatif aux droits de propriété intellectuelle et / ou industrielle.
Article 16. Outils de production
16.1 Les pièces fabriquées, requises pour la production des marchandises livrées au client, telles que les moules, les timbres, les feuilles, les plaques et similaires, restent la propriété de Concreet Concepts. Même si elles sont facturées, en tout ou en partie, au client.
Article 17. Droit applicable, tribunal compétent
17.1 Le droit néerlandais s’applique à tous les accords et à leur formation.
17.2 Les différends seront exclusivement réglés par Harderwijk (NL), tribunal compétent au palais de justice de Zutphen (NL)