Terms and Conditions
Terms & Conditions
Article 1: Applicability
These general conditions apply to all offers and all agreements entered into by us, whatsoever. In particular, these conditions also apply to agreements entered into by us to supply goods to our buyers.
Which speaks in these terms and conditions "buyer" shall mean any natural or legal person who, to us in a contractual relationship with us under a purchase agreement, or other agreement wishes to enter below. In particular, the term "buyer" includes the person who has commissioned and delivered. Whose behalf business
The provisions in these terms and conditions only and can only be made if and to the extent expressly agreed in writing.
Should the purchaser to (his) general conditions, the terms of the buyer does not apply. It is otherwise only if and insofar as the applicability of the requirements of the buyer is not in conflict with our terms and conditions, then only the provisions apply. In our conditions Any other stipulation in the terms of the buyer does not affect the foregoing.
Where in these terms refers to "supply (of goods)", this also includes the provision of services and activities of any kind.
Article 2 Offers
All quotations should be regarded as invitations to the potential purchaser to make an offer. They therefore bind us in any way, unless explicitly and unambiguously (in writing) to the contrary is determined in the offer. The order is given to us as an offer, which will be only after written confirmation from us (the order) to be accepted by us.
Of the tenders submitted by our portion in particular also make off with regard to the provisions of the preceding paragraph -: designs, drawings, models, samples, descriptions, images and the like, and any attachments and documents that relate to our offers. These developments, as well as by us in this connection tools, our property, our request must be returned to us without our express written consent may not be copied issued. Third parties and / or We also reserve all rights that may exist under intellectual and industrial property.
If the order in which our tender has not, within 3 months after the day on which we did our bid is placed with us, we can provide the costs associated for us to make our offer, these also include the costs of making the tools referred to in the preceding paragraph, to charge to the buyer.
Article 3 Establishment Agreement
A contract with us will only be effective if we have accepted. Gave us a written order An agreement is deemed to have come at the time we send the order.
The buyer is therefore given to his order, in any form to us, bound for a period of eight days after the date of the order or (if an order given orally concerned) after giving the order. A statement from the buyer that he wishes to cancel or change issued during this period of 8 days, order can not prevent an agreement is based on the (original) order is established, if we still accept / confirm the order within this period of 8 days.
The products we shipped to the buyer confirmation is deemed to reflect. The contents of the agreement are complete and accurate weather The purchaser shall be deemed the content of our order confirmation vote, unless he indicates in writing to us within 8 days of the date of our order confirmation indicates that he does not agree with the contents.
Any additional agreements and / or commitments made and / or made by our employees, or on our behalf and / or made by other persons acting as a representative, bind us if these agreements and / or commitments by our representation competent director (s ) are confirmed in writing.
Article 4 Prices
Our prices do not include sales tax, unless expressly agreed otherwise in writing, excluding packaging, transport and other costs.
The prices stated in tenders, contracts, shop and order confirmations are based on the cost factors applicable at the time of conclusion of the agreement, such as exchange rates, manufacturing prices, raw material prices, wage and transport costs, insurance, taxes, import duties and other government levies .
We reserve the right, if after the date on which the agreement has been reached, but before the day of delivery, increases in one or more of the cost factors act to bring. These increases to the purchaser Moreover, we have the right to declare without legal intervention. The agreement completely or partially dissolved in such a case This freedom also comes to the buyer, but only if we are within three months after the conclusion of the agreement on the view us from changes in costs resulting an increase in the price specified in the order confirmation. If the purchaser of this right, he shall convene. Within 5 days of receipt of the notice from us by registered letter the dissolution
Article 5: Delivery and delivery deadlines
We specify delivery times on the day on which the agreement has been concluded, provided all the information we need for the execution of the order are in our possession. The delivery times quoted by us will never be regarded as a deadline, unless otherwise expressly agreed in the individual contract.
When not therefore timely delivery we must be informed in writing. Default
Case - notwithstanding the above - in the individual agreement expressly fined for exceeding the agreed delivery time, it is not payable if the delay in delivery is due to cases of force majeure referred to in Article 10 of these General Conditions.
Unless the order confirmation to the contrary, the delivery of goods / products / goods / parts free house when the invoice amount over € 500, say, is five hundred euros. Furthermore, the business expense and risk of the buyer, or offered (extra) insurance taken out by the relevant carrier.
Foreign buyers we provide, unless otherwise agreed, ex warehouse. Furthermore, the business expense and risk of the buyer. Export and customs clearance are taken care of by us, but is borne by the buyer.
Unless buyers self-care agent the goods are sent by us on our opinion positive manner with our shippers to choose the expense and risk of the buyer.
Asks a buyer for the delivery of goods in a different way than normal to take place, we can do the associated costs to the buyer.
If delivery is made in installments, we have the right to consider. Every delivery as a separate transaction
The buyer is obliged to take. Purchased within the agreed time frame
Failing this, we are entitled - at our discretion - pursuant to the provisions to require the competent court will liberate us from our commitment to deliver the goods on time 6:60 Civil Code Article Be it without prior notice payment claim. purchase price of the portion not decreased
If the buyer does not meet his payment obligations, we are entitled to terminate the agreement without judicial intervention to explain. If the buyer fails accordance with the above, the goods shall be deemed to have been delivered and we will be expenses incurred in storing the goods. Expense and risk of the buyer, against reimbursement of any related
Article 6 Advertising by the buyer
The buyer is responsible for the accuracy and completeness of, and is responsible for the information he has provided us.
The buyer must be true it in our offer, or what two part Article 2, paragraph, information provided by us, sizes, color and such authenticity, taking into account the usual margins and minor changes in the goods supplied by us. The goods supplied by us may be different from the description in the order if and when it comes to small differences in size, quantity differences and subordinates changes.
Complaints from the buyer, which relate to deficiencies in the latest cases are apparent, should if things do not (able) to the purchaser be delivered to our attention by the buyer within 8 days after delivery or within 8 days after the invoice date, to be charged. This must be done by registered letter with a clear accurate description of the complaint and stating the bill, which the cases are billed. Buyer must perform. Careful and timely monitoring
Defects that were not visible at the time of delivery, nor in a careful and timely check, must be brought in the manner specified in the buyer within 8 days after the stairs to the light of these shortcomings to our attention paragraph 2.
Any claim by the buyer against us relating to defects in the goods supplied by us, lapses if:
a. the deficiencies and / or have not been brought in paragraphs 2 and 3 above deadlines in the given way to our attention;
b. the buyer gives us no / insufficient cooperation in that regard an investigation into the merits of the complaints;
c. the buyer has the goods not properly prepared, handled, used, stored, maintained or whether he used the business or handled under conditions or for purposes other than by us;
d. The application of the use of the goods in relation to which complaints have been voiced is continued by the buyer;
e. the warranty period specified in the individual contract has expired or, if such a term is missing, the complaints voiced after a period of more than 12 months since the date range first.
In disputes about the quality of the goods supplied by us will be a good name specified by us reputable agency a binding judgment.
Article 7 Liability
Only if the warranty obligations in respect of the goods supplied by us have not been assumed by third parties (such as manufacturers) the purchaser against us (warranty) claims assert.
Our liability in that case is limited to defects that result from manufacturing and material defects.
In case we are advertising, if the merits of advertising, the quality is concerned, is determined by us and liability as provided in paragraph 1 exists for us solely liable for our choice:
a. (free) repair of defects;
b. delivery of replacement goods or parts, after receiving the defective goods or parts;
c. refund of the purchase price / crediting of the invoice sent to the buyer with dissolved without judicial intervention of the agreement, all insofar as the purchase amount, the invoice and the agreement to the defective items relate;
d. damage compensation, in consultation with the buyer in another form referred to above.
If the buyer has performed / without the prior express written permission from the business repairs and / or changes to perform, any guarantee obligation on our part.
Subject to any of our obligations under the above, we are never liable to pay any compensation to the buyer and others, unless there is intent or negligence on our part (by those who hold us liable for the legal means to show) . it remains to be purchased. within the agreed time
In particular, we are never liable for consequential injury or damage, direct or indirect damages howsoever called loss of profits and damages including downtime - suffered by the client, his subordinates, and employed by or through him or a third party caused by complete or partial (re) deliveries of items, delayed or unsound delivery, or failure of delivery of goods or the goods themselves. Also damages in whatever form, as well as personal injury arising from the improper, incorrect use of the multi-rotor built by us / supplied systems (corresponding assocoires such as batteries, chargers and transport, is to recover, under any circumstances, us different shown by clear and direct demonstrable failure, or careless hand up by Drone Land and his staff .The purchaser is not entitled to things which no advertising is motivated returns. Should this occur without any valid reasons, all costs related to return at the expense of the buyer. We shall be free to store the goods. expense and risk of the buyer to third parties
The buyer is obliged to indemnify us against all claims by third parties in respect of the implementation of the agreement may claim, in so far against us the law does not preclude that from these claims harm arising and costs borne by the buyer .
Article 8 Retention of security
By Items delivered remain our property until the full payment of what the buyer arising from, connected with or arising out of the goods supplied by us is due to us. If we judge necessary, we have the right buyer assurance regarding the fulfillment of its obligations to demand.
The buyer has no right to give them to establish possessory pledge or only ones other business or personal law for one third of them to establish the business. Unpaid pledged
Notwithstanding the provisions of this article, the buyer is allowed to sell the goods to third parties, but this is only in the context of its normal business operations. In such case the buyer is obliged to obtain funds to carry over immediately to us or, if not sold, to wear. Progress obtained without delay to us for cash
If as a result our ownership rights to the goods supplied by us is lost, of processing by the buyer, the buyer's attention to the issues arose after the processing. Obliged immediately in favor of a non-possessory pledge
We are at all times entitled to things that are under the purchaser (or third parties), but to take as soon as we can assume that the real risk that the buyer will not fulfill its obligations in all fairness we owned, among us . The foregoing shall not affect the rights defined for us from the common law: in particular, we also reserve the right buyer after taking the business to speak to compensation among us.
The buyer is obliged to insure the risk of fire and theft regarding the outstanding issues and to display it. Assurance to our request
Article 9. Payment
Payment must be made in Dutch currency or Euro, unless otherwise agreed, without any deduction or rebate cash on the spot where we are located, or by transfer to a bank account designated by us, in both cases, immediately after delivery of the goods concerned , at least within 30 days of the invoice date, all this unless explicitly agreed otherwise in writing. When paying by bank the day of crediting our band or bank account as the day of payment applies.
If the buyer fails to (full) payment is on time, he is in default without further notice is required. Then we have the right, if a sufficient nexus with the breach of the buyer, to suspend the fulfillment of our obligations to the purchaser without prejudice to our rights under the common law.
We are also entitled to all deliveries still to be done to demand. Cash payment for delivery of the goods or guarantee for timely payment Moreover, we are then entitled the agreement without judicial intervention, with or undo the buyer then the obligation to return the goods delivered, the obligation to otherwise of the service provided by us, without prejudice to our right to compensation. If the purchaser defaults on timely payment, he forfeits to us, or the credit of the seller, without any further notice from us is necessary, from the due date until the date of full payment interest at the statutory rate plus 4 % per year, calculated on the unpaid amount, which interest is due and payable immediately without further notice.
All costs involved (including the extrajudicial collection costs) with the collection of amounts invoiced shall be borne by the debtor. The extrajudicial collection costs amount to at least 15% of the principal amount with a minimum of € 50, - all excluding VAT.
In addition, late payment or non-payment arising on behalf of the buyer, even if buyer have timely fulfilled its payment obligations under the existing provisions in his country, from all the adverse effects of exchange rate loss or otherwise but circumstances or actions beyond his control transfer have held adversely our way.
Payments shall in accordance with article 6:44 Civil Code, first reduce the costs referred to in paragraph 3, then against the interest due and finally to reduce the principal and accrued interest.
If the financial position of the buyer after the conclusion of the agreement, but before the delivery of the goods a significant deterioration occurs, we shall be entitled to refrain from further performance of the contract, in whole or in part, or a change in the payment terms claim.
Seller can transfer his claims under all transactions to a credit to his choice.
Article 10 Force Majeure
Force majeure shall mean any circumstance beyond our control is such that compliance with the agreement can not reasonably be expected (not attributable to shortcomings in the performance) from us. Force majeure includes: war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, lack of raw materials, impediment and interruption of transport facilities, failures in our business, import and export restrictions or prohibitions, obstructions caused by measures, laws or decisions of international, national and regional (government) agencies. If we can fulfill our obligation to deliver due to force majeure, not properly or on time, we are entitled to the agreement or the part not yet been implemented as dissolved, or to suspend it for a specified or unspecified period, at our discretion. In case of force majeure, the buyer can not claim for damages.
Article 11 Applicable law
The offers made by us and all contracts entered into by us exclusively Netherlands law.
Article 12 Dispute
All disputes of any kind related also account / arising from our agreements and deliveries made by us are being tried by the competent court in the Netherlands.
Thus, as submitted by 10-06-2014