In these general conditions, the following definitions shall apply:
- All Mailing Solutions BV: tradename Used Mailing Systems, user of these conditions;
- The other: any natural or legal person who buys a product from All Mailing Solutions BV or gets in touch with All Mailing Solutions BV about;
- Command: the command of the other party to All Mailing Solutions BV to delivery of products, in any form whatsoever;
- Agreement: the agreement towards the other party connects up with All Mailing Solutions BV delivering products;
- Products: all implementations of an agreement by the other party to be delivered by All Mailing Solutions BV or delivered (used) machines.
- These conditions apply to all offers of All Mailing Solutions BV to the other party, the other party to on all commands of All Mailing Solutions BV and to all agreements between All Mailing Solutions BV and the other party, unless otherwise agreed expressly and in writing.
- By way of derogation from these conditions can only be agreed in writing.
- Any purchase or other conditions of the other party, under what name, do not apply.
- Should any provision in these conditions be void or destroyed, the validity of the remaining provisions of these conditions. Void or nullified provisions will be converted into valid provisions, which as far as possible the purpose and intent of the original provisions are respected.
- All offers are without engagement, unless otherwise expressly of All Mailing Solutions BV is listed and have a validity of 30 days after the date.
- AN OFFER CAN BE WITHDRAWN BY All Mailing Solutions BV AND/OR BE REPLACED BY A NEW LISTING.
- An agreement is established if the mandate in writing or otherwise is accepted by All Mailing Solutions BV.
- Verbal commitments’ by and arrangements with subordinates of All Mailing Solutions BV bind All Mailing Solutions BV not then after and insofar as they are confirmed in writing by All Mailing Solutions BV.
- Agreements are entered into under the suspense condition by All Mailing Solutions BV that the other party sufficiently credit worthy.
- All Mailing Solutions BV is entitled prior to the execution of the agreement of the other party to require certainty.
E. SAMPLES and MODELS
- Is a monster, to the other party by All Mailing Solutions BV model or photo displayed or provided, this sample, model or photograph to deliver only as indication of a suspect product to be supplied and does not need to supply product to match the votes, unless otherwise agreed expressly and in writing.
- Prices are exclusive of sales tax and other government charges on the sale and supply falling.
- In case the other party is established in a country outside the European Union will All Mailing Solutions BV to the other party not to turnover taxes, provided that the other party the transport documents and the in-and output documents within 30 days after delivery of a product to All Mailing Solutions BV returns. If the other party defaults, this will All Mailing Solutions BV are entitled to the other party so to charge sales tax.
- All Mailing Solutions BV has the right to, if the price is expressed in a currency other than the Euro, a rise in the value of the Euro against other currencies, the price of this proportional increase.
- Costs of transport by All Mailing Solutions BV are not included in the price and will be charged separately, unless otherwise agreed expressly and in writing.
G. DELIVERY PERIODS
- Delivery periods begin to run on the day that a mandate in writing to her or All Mailing Solutions BV otherwise accepted, being after receipt of returned by other party for agreement signed and complete order confirmation and receipt of full (part) payment on her account.
- Delivery periods be suspended as long as the other party does not have the required security has been lodged by All Mailing Solutions BV.
- Delivery times are indicative and are therefore never be regarded as deadlines, unless otherwise agreed
- Products from the warehouses and/or storage places of All Mailing Solutions BV delivered, unless otherwise agreed in writing.
- The other party is obliged to take the products at the moment All Mailing Solutions BV makes available to her at the time when the products are delivered to her.
- If the other party in default after notice of default remains the products to take off, they will be stored for its account and risk.
- Products are delivered in the State in which they are located upon the agreement.
- All Mailing Solutions BV does not warrant that the products at the time of delivery without defects and/or shortcomings. The other party accepts explicitly that the products defects and/or shortcomings may have.
- All Mailing Solutions BV does not warrant that the products meet the relevant (Safety) regulations. The other party accepts explicitly that the products may not meet (Safety) regulations.
J. TRANSFER OF RISK
- Shortly after products have been delivered to the other party by All Mailing Solutions BV or by All Mailing Solutions BV are made available to the other party, they are for the account and risk of the other party.
- Complaints in respect of the products must be made in writing within 8 days after delivery, any claim against All Mailing Solutions BV when crossing any term in this respect expires.
- Reclamation must be made in writing in respect of invoices within 8 days after the other party has received the invoice.
- In the case of justified complaints within a reasonable period All Mailing Solutions BV will restore or replacement, at the discretion of All Mailing Solutions BV. Costs of disassembly , assembly, travel and subsistence costs of staff of All Mailing Solutions BV are for the account of the other party.
- Legal claims in respect of the products delivered by All Mailing Solutions BV serve under penalty of forfeiture, within 1 year after delivery to be set.
- Suspend the payment obligation of the other party not Commercials.
- The liability of All Mailing Solutions BV and her subordinates for the products delivered by All Mailing Solutions BV is limited to the obligation set out in Article K 3, unless there is intent or gross negligence of All Mailing Solutions BV.
- The liability of All Mailing Solutions BV for its products supplied is in any case limited to the direct damages from the other party.
- Liability of All Mailing Solutions BV for its products delivered amounts up to the amount in respect of the products delivered at All Mailing Solutions BV the other account has brought or will bring.
- All Mailing Solutions BV shall never be liable for indirect damage from the other party, including consequential damages, lost profits, lost savings and damage by business stagnation.
- Any individual, non-contractual liability of staff of All Mailing Solutions BV or of third parties is expressly excluded by All Mailing Solutions BV.
- All Mailing Solutions BV is not liable for any damage resulting from normal wear and tear, improper use or treatment or incorrect maintenance. All Mailing Solutions BV is also not liable for any damage that occurs after changes or repairs by or on behalf of the other party itself, as well as for damages caused by non compliance with regulations.
- The other party indemnifies All Mailing Solutions BV and her subordinates against all claims of third parties which directly or indirectly, indirectly or immediately, with the implementation of the agreement.
- Payment by the other party shall be made in euro, unless otherwise agreed.
- The other party has no right to discount, offsetting or suspension.
- If payment is not made as agreed, the other party will be in default by operation of law. The other party will then owe interest of 2.0% to All Mailing Solutions BV per month from the date of the onset of failure until the day the overall satisfaction.
- All judicial and extrajudicial (collection) costs of All Mailing Solutions BV are for the account of the other party. The extrajudicial collection costs are set at 15% of the principal amount owed by the other party to All Mailing Solutions BV, with a minimum of 225 euros. All Mailing Solutions BV may claim to reimbursement of her actual judicial (collection) costs.
- Payments made by the other party to pay the interest due and first stretch cost and then of invoices that are open for the longest time, even though it mentions the other else.
O. RETENTION of TITLE
- As long as any amount from any of the other All Mailing Solutions BV under than also has to be recovered, it retains the ownership of itself by its All Mailing Solutions BV products delivered for. The property will only pass on the other party, after all that the other party to All Mailing Solutions BV is owed, including interest and costs, is fully met.
- If the other party fails to pay any amount due to All Mailing Solutions BV is and will immediately are entitled to those products in respect of which the ownership has reserved itself immediately All Mailing Solutions BV to, where it is also allowed. The cost of repatriation shall be borne by the other party.
- The other party is not entitled to the products, which has reserved the property themselves, All Mailing Solutions BV to alienate or encumber.
P. FORCE MAJEURE
- If All Mailing Solutions BV as a result of force majeure its obligations from the agreement not or not timely fulfill its obligations may be entitled to suspend All Mailing Solutions BV and is not liable for compensation of any damage All Mailing Solutions BV to the other party.
- Force majeure shall mean any circumstance beyond the power of landscape, making fulfillment withoutshortcoming All Mailing Solutions BV is not possible, economically or otherwise reasonably impossible of fulfillment is not reasonably All Mailing Solutions BV can be expected.
- In any event, be regarded as force majeure illness of staff, stagnation or delay in suppliers, delays during transport or the importation of the products to be supplied, restrictive government measures of whatever nature, fire, sabotage, war, strike, company occupation and seizure.
- If All Mailing Solutions BV to deliver to the other party still a product of a third should be delivered, it won’t (timely) can deliver the product by All Mailing Solutions BV due to the fact that the product was not delivered (timely) All Mailing Solutions BV Gets the third, apply as force majeure.
- If All Mailing Solutions BV invokes force majeure for a period longer than two months are both All Mailing Solutions BV as the other party, without prejudice to article Q competent to dissolve the agreement in whole or in part, by written communication to the other without for compensation for damage to be held.
- If the other party one or more of its obligations, not timely or not properly, is declared bankrupt, (provisional) suspension of payments, proceeds to liquidation of its business, and when borne of her herd, has All Mailing Solutions BV the right to suspend the execution of the agreement or the agreement without prior notice to terminate, in whole or in part, by a written declaration, one and other to her choice and still retaining its right to reimbursement of costs and any damage attributable.
- In the event of partial dissolution can not claim the other party already canceled by performance and the other held did All Mailing Solutions BV to payment of the hitherto already by All Mailing Solutions BV carried out performance.
- Dissolution of the agreement on the grounds that one or more of its obligations, the other party does not, not timely or not properly fulfilled, will the other party an immediately payable fine on All Mailing Solutions BV of 20% of the purchase price are payable, without prejudice to the right of full compensation and reimbursement of All Mailing Solutions BV interest and costs referred to in article N.
R. APPLICABLE LAW
- To all offers and agreements to which these conditions apply, is at exclusion Dutch law applies.
- Do not apply and the Vienna Sales Convention is expressly excluded.
- As far as not belonging to the competence of a District Court, all disputes between All Mailing Solutions BV and the other party in the first instance only be tried by the District Court, the Hague. These conditions are registered at the Chamber of Commerce in Zaandam, January 2011.