Terms and conditions
Terms and Conditions of Delivery
Terms and Conditions of Delivery of Vereniging Repro Nederland, filed with the Registry of the District Court of Amsterdam under number 7/2001.
1 All offers are without engagement unless the parties explicitly agree otherwise.
All prices indicated are exclusive of turnover tax and other government levies.
In the event of compound price quotations there is no obligation to supply a portion of an order at an agreed portion of the price indicated for the entire order.
Freight and postage costs will be paid by the principal.
2 By giving an assignment to duplicate, reproduce or use a good that is protected by the Dutch Copyright Act (Auteurswet) or any other ownership right, the principal declares that such duplication, reproduction or use does not infringe any rights of third parties and the principal indemnifies the supplier at law and otherwise in respect of all consequences, both financial and otherwise, arising from the duplication, reproduction or use. Also in the event that financial obligations arise towards the author or the entitled party or its successor in title as a result of the duplication, reproduction or use, such consequences will be for the principal’s account.
3 The principal bears the risk and expense in respect of all goods that it makes available to the supplier in connection with the performance of the assignment.
4 The supplier’s liability includes only damage caused directly in connection with the handling of the assignment, up to a maximum amount equal to the transaction value; no responsibility is accepted for consequential damage.
5 The principal considers delivery times agreed with the supplier to be merely approximations at all times. Under no circumstances can the delivery times be deemed to be deadlines unless the parties have explicitly agreed otherwise in writing.
6 The goods that are made available by the principal and the work that is produced by the supplier will be provided in exchange for the return of a receipt provided by the supplier if so desired. Whether the offerer is entitled to accept such a receipt falls outside the scope of its assessment and responsibility.
7 If the goods that are made available by the principal and/or the work that is produced by the supplier are not collected, the supplier will store those goods for a period of six weeks, to be calculated as from the date of the order. The supplier cannot accept any responsibility for damage that occurs as a result of such storage.
8 In all cases involving delivery carriage paid, the least expensive shipping method will be used unless the parties agree otherwise in advance.
9 The proper setting is guaranteed for customised work. However, size differences as a result of shrinkage or stretching of the materials used cannot be avoided and cannot constitute a reason for rejection. Deviations between the work that is provided on the one hand and the original and/or the instructions given on the other cannot constitute a reason for rejection if in all reasonableness it can be determined that, taking the circumstances into consideration, they do not affect the usage value of the work.
10 Any complaint about goods that are delivered or the price that is charged must be submitted to the supplier in writing within eight days of receipt of the goods or the invoice. If the supplier has not received such a complaint within eight days, the principal will be deemed to have accepted the goods that have been delivered and the price that has been invoiced.
11 If assignments are given for the account of third parties, the principal will not be entitled to demand that separate or divided invoices be provided to those third parties free of charge.
12 If assignments are given for the account of third parties, the principal will remain liable for the payment of the claims, even if such third parties are invoiced directly with due observance of the provisions contained in Article 10.
13 Unless the parties agree otherwise in advance, payment must be made within 30 days of the invoice date without deducting any discount. In the event of late payment the principal will owe statutory interest on the invoice amount for each month or portion of a month, even if the supplier has accepted the late payment.
14 All costs incurred with respect to the collection, either judicially or extra judicially, of any amounts due from the principal that have not been paid in a timely manner will be paid by the principal; such amounts are set at a minimum of 15% of the relevant amount with a minimum of EUR 50.
15 The supplier provides all work to the principal while retaining the title to such work until the principal has complied with all its obligations under the agreement, including any obligation to pay interest and costs.
16 Business disruptions as a result of force majeure, including war, mobilisation, riots, floods, traffic jams, stagnation or stoppage in the provision of services by utility companies, including electricity and fuel, fire, machinery breakdown and other accidents, labour conflicts that make manufacturing impossible, government measures, failure in the delivery of necessary materials and semi-manufactured products to the supplier by third parties and other unexpected circumstances, including those in the country from which the materials or semi-manufactured products originate, which disrupt the normal conduct a business and delay an order or in all reasonableness make filling an order impossible will release the supplier from its duty to deliver within the agreed delivery time or will release the supplier from a duty to deliver, without that giving rise to any right on the part of the principal to compensation of costs, damage or interest. In the event of price increases in respect of the materials and semi-manufacture products that are necessary to fill the order, changes in salaries, significant changes in currency exchange rates and similar circumstances that occur after an order is accepted, the supplier will be entitled to increase the agreed prices accordingly.
17 By giving an order the principal acknowledges that it is familiar with these Terms and Conditions of Delivery and that it accepts them, provided that they were communicated to it, if reference was made to them in connection with the offer and/or the order confirmation or if they have been hung at the supplier’s company in a place that is visible to principals. If a confirmation from the principal contains provisions or conditions that are contrary to the provisions contained in these Terms and Conditions of Delivery, such contrary provisions or conditions cannot be recognised. In this context the principal cannot invoke any form of customary practice. In the event that both uniform terms and conditions of purchase applied by the principal and these Terms and Conditions of Delivery apply, the latter will prevail.
18 The agreement between the supplier and the principal is governed by Dutch law.
2516 AP The Hague
Chamber of Commerce: 27092600
VAT NUMBER: NL800639716B01