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Article 1.
General.1. These conditions apply to every offer, tender and agreement between Route 53 and Route 53 where a Party has declared these conditions apply to the extent of these parties have not expressly and in writing.
2. These conditions also apply to agreements with Route 53, the execution of which by Route 53 to be third parties.
3. These general conditions are also written for the employees of Route 53 and its management.
4. The applicability of any purchase or other conditions of the Other is explicitly rejected.
5. If one or more provisions of these terms and conditions at any time partially invalid or could be, totally or it remains, in these general conditions apply in full. Route 53 and the other party will then enter into negotiations to develop new rules to replace the invalid provisions, which as much as possible the purpose and intent of the original provisions taken. Line
6. If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, then the explanation must be found "in the spirit of these provisions.
7. If there is a conflict between parties arises that is not covered by these general conditions, this situation should be assessed in the spirit of these terms and conditions.
8. If Route 53 does not require strict compliance with these conditions, this does not mean that its provisions do not apply, or that Route 53 would lose in other cases to require strict compliance with the provisions of these terms and conditions in any degree .
Article 2.
Offers and Deals1 All bids and offers of Route 53 are free, unless the offer a deadline for acceptance. A tender offer is void if the product to which the offer or the offer relates is no longer available in the meantime.
2 Route 53 can not be taken if the other party can reasonably understand that the bids or offers, or any part thereof, an obvious mistake or error. Offers or quotations
3 in a bid or offer prices are inclusive of VAT and other government levies, as well as possible under the contract costs, including travel and accommodation, shipping and handling, unless otherwise indicated.
4 If the acceptance (or not to subordinate items) from the included in the tender offer or the offer then Route 53 is not bound. The agreement is not in accordance with said deviating acceptance, unless otherwise indicated Route 53.
5 A compound quotation Route 53 not to execute part of the assignment against a corresponding part of the given quotation. Offers and tenders shall not apply automatically to future orders.
Article 3.
Contract Duration, delivery, implementation and modification agreement;1. The agreement between Route 53 and the Other is for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. For the completion of certain work or a deadline agreed for the supply of certain goods or specified, this is never a deadline. Beyond a period should therefore writing Route 53 to the other party in default. Route 53 is a reasonable period to be offered to still implement the agreement.
3. Route 53 has the right to engage third parties for certain activities.
4. Route 53 is entitled to execute the agreement in several phases and invoice. Thus part separately
5. If the agreement is executed in stages, Route 53 the execution of the parts belonging to a following stage until the other party in writing. The results of the preceding stage
6. If Route 53 requires information from the other party for the implementation of the agreement, the execution time does not begin until after the other party to this Route 53 has made available. Accurate and complete
7. If during the execution of the agreement that it is necessary for the proper implementation to modify or supplement, the parties will proceed swiftly and by mutual agreement to amend the Agreement. If the nature, scope or content of the agreement, whether or not at the request or direction of the Party, the competent authorities et cetera, is changed and the contract would be qualitatively and / or quantitatively changed, this may have consequences for what was originally agreed. This may initially agreed amount be increased or decreased. Route 53 will do it as much as possible quotation. By amending the agreement, the initial period of implementing change. The Customer accepts the possibility of amending the agreement, including the change in price and time of execution.
8. If the agreement is changed, including a supplement, then Route 53 entitled to comply therewith after it is given by the authorized person within Route 53 and the other party has agreed to the implementation of the price and other conditions chord chord first implementation , including the time at which the agreement will be its execution. Failure or delay implementation of the amended agreement also provides default of Route 53 and the Other is no reason to cancel the contract.
9. Without being in default, Route 53 can refuse a request to amend the agreement if this could have for example the work to be carried out in that context or to be delivered. Qualitatively and / or quantitatively a result
10. If the other party is in default should be in the proper performance of which he has towards Route 53, then the party will be liable for all damages (including costs) on the side of Route 53 thereby directly or indirectly.
11. If Route 53 matches a certain price at the conclusion of the agreement, then Route 53 under the following circumstances shall nevertheless be entitled to increase the price, even if the price was not given. Subject
- If the price is the result of an amendment to the agreement;
- If the price increase resulting from an accruing power to Route 53 or Route 53 to fulfill obligations under the law;
- In other cases, provided that the other party not acting in the exercise of a profession or business is entitled to dissolve if the price exceeds 10% and occurs within three months after signing the agreement by a written statement of the agreement, unless Route 53 is still prepared to execute the agreement based on the originally agreed or if stipulated that the delivery will take place. longer than three months after the purchase
Article 4.
Supply and delivery.1. Delivery takes place at home / business of the client, unless otherwise agreed. The time of delivery is the moment at which the goods our company / warehouse or leaving suppliers.
2. Free delivery is only if and to the extent expressly indicated by us or against the usual conditions for freight.
3. The client is required immediately upon delivery to check the packaging or delivered for any defects or damage, or to run after notice of us, that the goods available to the client stand out this monitoring.
4. Identified defects or damage to the goods and / or the packaging, which are present at delivery, the client on the delivery, the invoice and / or transport documents (do) mention, or by written statement within five days after delivery date to communicate, failing which the client is deemed to have approved the delivery. us Later complaints submitted in respect of the defects referred to here are not considered.
5. We are entitled to take place in installments. Supply (Partial deliveries). For each part delivery, an invoice will be sent to the customer.
6. The statement of the delivery always approximate, unless otherwise expressly agreed in writing. In case the delivery counts as binding, the client is entitled to terminate if it can be. After the expiry of the first delivery a new agreed period not held the contract
7. We are required to take the delivery as much as possible, but we are not liable for delay in delivery due to force majeure and the result on the part of the client and / or third party damage caused.
8. When the goods after the expiry of the delivery date are not purchased by the client they are at his disposal at our stored at the expense and risk of the client.
Article 5.
Transport and risk.1. The mode of transport, shipment, packaging etc. is if no other evidence has been determined by us, without us any liability dragen.Eventuele specific needs of the client on the transport / shipment will only be carried out to us by the client if the client has declared that it will bear the additional costs.
2. The shipment of goods is always, even if free delivery is agreed for the account and risk of the client, even then, when the carrier claims that the waybills, etc. include the clause that all transport damage expense and risk of the sender be.
Article 6.
Suspension, dissolution and termination of the agreement.1. Route 53 is authorized to suspend or delay the agreement and to terminate with immediate effect the performance of the obligations if:
- The Other obligations under the agreement, incomplete or not timely comply;
- Circumstances that have come to fear that the other party will not fulfill his obligations after the conclusion of the agreement notified Route 53;
- The other party at the conclusion of the agreement is to guarantee the fulfillment of his obligations under the agreement and this security is not provided or is insufficient;
- If the delay on the part of the other party can no longer be demanded of Route 53 that he will comply with the agreement on the terms originally agreed Route 53 is entitled to terminate the agreement.
- If circumstances arise of such a nature that fulfillment of the contract impossible or unaltered maintenance of the agreement can not reasonably be expected of Route 53.
2. If the dissolution is attributable to the Other, Route 53 is entitled to compensation for damages, including the costs directly and indirectly.
3. If the agreement is dissolved, the assets of Route 53 on the other party immediately due and payable. Route 53 if the fulfillment of the obligations, he shall retain his rights under the law and the agreement.
4. If Route 53 on the grounds mentioned in this article to suspension or dissolution, he held that reason in any way for damages and costs it incurred in any way or compensation, while the other party by virtue of default, or for damages or compensation is required.
5. If the agreement is terminated by Route 53, Route 53 will, in consultation with the Other arrange for transfer of additional work to third parties. Unless the termination is attributable to the Other. Unless the interim end of Route 53 is attributable to the costs of transfer to the other party will be charged. Route 53, the other party as much as possible prior notice in relation to the magnitude of these costs. The other party is obliged to pay such costs within the period mentioned by Route 53 Route 53 unless otherwise indicated.
6. In case of liquidation, (application for) suspension of payments or bankruptcy of attachment - if and when the attachment is not lifted within three months - at the expense of the Other, of debt or other circumstance that the other party is no longer freely about his ability available, the Route 53 free to delay the agreement with immediate effect and to terminate or to cancel the order without any obligation or agreement to pay any damages or compensation. The claims of Route 53 on the Other in that case due immediately.
7. If the other party cancels an order in whole or in part, then the appropriate order or ready made things, plus the potential to drain and delivery costs and the time reserved for the execution of the agreement working, be integral to the Other Party .
Article 7.
Force Majeure.1. Route 53 is not obliged to perform any obligation to the other party if he is being hampered due to a circumstance that is not due to negligence, and neither under the law, a legal act or generally accepted for its account .
2. Force majeure is defined in these terms, in addition to what is included in the law and jurisprudence, all external causes, foreseen or unforeseen, which Route 53 can not exert any influence but which prevents Route 53 is unable fulfill its obligations to arrive. Route 53 also has the right to appeal if the circumstance rendering (further) fulfillment of the contract occurs after Route 53 should have fulfilled his obligation. Majeure
3. Route 53, during the period of force majeure the obligations under the agreement. If this period lasts longer than two months, either party is entitled to terminate the agreement without any obligation to pay damages to the other party.
4. If Route 53 at the time of the occurrence of force majeure his obligations under the agreement has been partially fulfilled or will fulfill, and to comply with or to meet an independent value, Route 53 is entitled to the already fulfilled or still to be fulfilled respectively part separate bill. The other party is obliged to pay as if it were a separate agreement this invoice.
Article 8.
Payment and collection costs.1. Payment must be made within 14 days of the invoice date, at a declarable by Route 53 in the currency of the invoice, unless otherwise specified by Route 53. Route 53 is entitled to periodic billing.
2. If the other party fails to make timely payment of an invoice, then the other party shall be in default. The other party is then an interest. In the case of consumer's interest at the statutory rate. In other cases, the Other an interest of 2% per month, unless the statutory interest rate is higher, in which case the statutory interest. The interest on the amount due will be calculated from the time that the other party is in default until the moment of payment of the full amount owed.
3. Route 53 has the right to stretch in the first place to reduce the costs, the payments made by the other party subsequently to reduce the interest still due and finally to reduce the principal and accrued interest.
4. Route 53 can, without being in default, to refuse an offer for payment, if the other party a different order for the allocation of the payment. Route 53 may refuse full payment of the principal, if not also the outstanding and accrued interest and collection costs.
5. Objections to the amount of a bill to suspend the payment obligation.
6. If the other party is in default or omission in the (early) to fulfill its obligations, then all reasonable costs incurred in obtaining payment out of court on behalf of the other party. The extrajudicial costs are calculated on the basis of what is currently common in the Dutch collection, currently the method according II report. If Route 53, however, higher costs for collection has been reasonably necessary, the actual cost recoverable come. Any judicial and execution costs will also be recovered. The Other The Other is the collection costs include interest.
Article 9.
Retention.1. All goods delivered by Route 53 as part of the agreement remain the property of Route 53 until the other party all obligations under the agreement concluded with Route 53 (and) is fulfilled. Properly
2. Goods delivered by Route 53, which, pursuant to paragraph 1. under the title, may not be resold and must never be used as currency. The party is not entitled to pledge the goods falling under the retention or otherwise encumber.
3. The Other is always to do what may be the property of Route 53 to secure. Reasonably expected of him
4. If third parties seize goods delivered subject to retention of title or rights to establish or exercise, then the Other Party is obliged to immediately notify Route 53. Informed thereof
5. The other party is obliged to insure the goods delivered under retention of title against fire, explosion and water as well as to provide access to. Theft and the insurance policy upon request to Route 53 insured Any payment of the insurance Route 53 is entitled to these amounts. Insofar as necessary, the other party is there to Route 53 in advance to grant with all that (appear) in that context to be necessary or desirable. His cooperation
6. In case Route 53 are referred to in this Article to exercise property rights, the other party in advance unconditional and irrevocable consent to Route 53 and Route to designate 53 others to enter the property of Route 53 are located and all those places take back those things.
Article 10.
Guarantees, research and advertising.1. The goods to be delivered by Route 53 meet the usual requirements and standards that can be them at the time of delivery reasonably and in which they are intended. Normally use in the Netherlands The guarantee in this Article shall apply to matters that are intended for use within the Netherlands. When outside the Netherlands should verify the Party itself or its use is suitable for use there and whether they satisfy the conditions which they are made. Route 53 can in this case, other guarantees and other conditions in respect of the goods to be delivered or to be carried out.
2. The guarantee referred to in paragraph 1 of this Article shall apply for a period of 3 months after delivery, unless from the nature of the otherwise or the parties have agreed otherwise. If the guarantee provided by Route 53 a case which was produced by a third party then the guarantee is limited to those which will be provided, unless otherwise specified by the manufacturer. Of the case After the warranty period, all costs for repair or replacement, including administration, shipping costs and drive, brought to the Other Party.
3. Any form of warranty is void if a defect was caused by or resulting from improper or inappropriate use or installation or use after the expiration date, improper storage or maintenance by the other party and / or third parties when, without written permission of Route 53, the other party or third parties have made changes to the case or have tried to bring that other cases were confirmed to be or shall not be confirmed if they were processed or modified other than as prescribed. The other party is not entitled to warranty if the defect is caused by or arising from circumstances where Route 53 can not exercise any control, including weather conditions (such as but not limited to, extreme temperatures or rainfall) et cetera.
4. The Other is delivered to (do) investigate immediately the relevant activities are carried out. Respectively at the time the goods are made available to him It should examine the quality and / or quantity of the goods delivered correspond to what was agreed and meets the requirements of the parties thereto have agreed to the Other Party. Any defects must be reported. Within 2 months after discovery in writing to Route 53 The report must contain, so that Route 53 is able to respond adequately. A detailed description of the defect The other party must Route 53 the opportunity to make a complaint to (do).
5. If the other party time, it suspended its payment obligation. The Party remains in that case also obliged to accept and pay for the otherwise ordered, unless it has no independent value.
6. If it is made of a defect notification then the other party is no longer entitled to repair, replacement or compensation, unless the nature of the case or the other circumstances of the case, a longer-term results.
7. If it is determined that a case is weak and that claim has been lodged in time, then Route 53 the poor, within a reasonable time after the return receipt or, if return is not reasonably possible, following notification of the defect by the other party, at the discretion of Route 53, replace or repair thereof or replacement fee to the other party. In case of replacement is obliged to return the replaced good to Route 53 and the ownership thereof to provide Route 53, Route 53 unless otherwise indicated.
8. If it is established that a complaint is unfounded, the costs it incurred, including research costs, on the side of Route 53 cases therefore, on behalf of the other party.
Article 11.
Liability.1. If Route 53 might be liable, this liability is limited to what this provision.
2. Route 53 is not liable for damages of any kind caused by Route 53 is assumed by or on behalf of the other party incorrect and / or incomplete data.
3. Route 53 is only liable for direct damage.
4. Direct damage is exclusively:
- The reasonable costs incurred to establish the cause and extent of damage, where the establishment relates to damage in the sense of these conditions;
- The reasonable costs incurred to have the faulty performance of Route 53 to the Agreement may be as much as these attributed to Route 53;
- The reasonable costs incurred to prevent or mitigate damage, insofar as the Party demonstrates that these costs have led to the limitation of direct damage as referred to in these terms and conditions.
5. Route 53 is never liable for indirect damage, including consequential, lost profits, lost savings and damage due to business or other stagnation. In the case of a consumer this restriction does not go beyond that which is permitted under Article 7:24 paragraph 2 DCC.
6. If Route 53 is liable for any damage, then the liability of Route 53 limited to twice the invoice value of the order, at least that part of the order which the liability relates.
7. The liability of Route 53 is always limited to the amount paid by his insurer, as appropriate.
8. The limitations of liability set out in this Article shall not apply if the damage is due to intent or gross negligence of Route 53 or his subordinates.
Article 12.
Limitation period.1. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Route 53 and Route 53 by the third parties involved in the execution of a contract, one year.
2. Paragraph 1 shall not apply to legal claims and defenses that are based on facts that would justify the assertion that the delivered item would not meet with the agreement. Such claims and defenses barred by lapse of two years after the Other Route 53, such non-compliance has informed.
Article 13.
Transfer of risk.1. The risk of loss, damage or loss is transferred to the Customer at the moment things are marketed. Power of the Other
Article 14.
Indemnification.1. The other party indemnifies Route 53 for any claims by third parties in connection with the performance of the damage suffered and the cause then to Route 53 is attributable to another.
2. If Route 53 in that respect should be addressed by third parties is obliged to Route 53 are both in and out of court and immediately what to do may be in this case. Expected of him Should the other party fail to take adequate measures, then Route 53, without notice, entitled to proceed themselves. All costs and damages on the part of Route 53 and third parties, are for the account and risk of the other party.
Article 15.
Intellectual property.1. Route 53 retains the rights and authorities to which he is entitled under the Copyright and other intellectual property laws and regulations. Route 53 has the right to increase the performance of a contract at his side knowledge can also be used, provided that no confidential information of the other party communicated to third parties for other purposes.
Article 16.
Applicable law and disputes.1. All legal relationships where Route 53 is a party, Dutch law applies, even if only given a contract wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. Parties will first appeal to the courts after they have made every effort to settle a dispute. Mutual agreement
Article 17.
Location and change policy.1. These conditions have been filed with the Chamber of Commerce Zuid-Limburg, located in Maastricht.
2. Applicable is the last registered version or the version valid at the time of the conclusion of the legal relationship with Route 53.
3. The Dutch text of these general conditions is decisive for the interpretation.
