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AV-Telecom, located in Heerhugowaard , KvK number 70427909 , is referred to as a seller in these terms and conditions.
The other party of seller is referred to as buyer in these terms and conditions.
Parties are seller and buyer together.
The agreement refers to the purchase agreement between the parties.
Article 2: Applicability and conditions
These conditions shall apply to all tenders, offers, agreements and supplies of services or goods by or on behalf of the seller.
Deviating from these terms is only possible if this has been agreed expressly and in writing by the parties.
The agreement always contains an effort obligation for serviceprovider, not a result obligation.
Article 3: Invoices and payments
In base, the full purchase price is paid immediately in the store. Reservations may in some cases include a deposit. In that case, the buyer will receive proof of the reservation and the advance payment.
Companies or institutions with a Chamber of Commerce registration can place orders on account. Delivery of the ordered goods takes place after review and approval of the order and the customer by AV-Telecom..
Invoices and pro forma invoices from AV-Telecom must be paid in accordance with the payment conditions indicated on av-telecom's offer, acceptance or invoice. If no payment period is specified, the invoice must be paid within 21 days of the invoice date (expiry date).
Billing takes place on the day of delivery and unless otherwise stated have a payment period of 14 days.
If there are partial invoices, the billing takes place at the agreed moments.
If buyer doesn't pay on time, he defaults. If the buyer defaults, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer defaults, the seller will proceed to recovery. The costs relating to that recovery shall be borne by the buyer. These collection costs are calculated on the basis of the Decision on reimbursement for out-of-court collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payment from the buyer, the seller's claims on the buyer are immediately payable.
If the buyer refuses to cooperate with the seller's execution of the contract, he is still obliged to pay the agreed price to the seller.
Article 4: Offers, offers and prices
All prices disclosed by AV-Telecom are include sales tax and other government-imposed charges.
Offers are non-binding, and can be amended, withdrawn or withdrawn until the third day after the adoption by AV-Telecom of the acceptance of its offer.
Offers shall be valid up to 30 days after the date of is dispatch,unless the offer does not includea different period of validity or period of acceptance. If the offer is not accepted within that time limit, the offer will expire.
Delivery times in tenders are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless the parties have agreed otherwise expressly and in writing.
Offers and quotes do not automatically apply to reorders. The parties must agree on this explicitly and in writing.
The price listed on offers, quotations and invoices consists of the purchase price including the VAT due and any other public levies. VAT and any other public levies shall always be stated separately.
Article 5: Return policy
For consumers : The buyer is entitled to terminate the contract within 14 days without giving reasons (return policy ) within 14days. The period starts to run from the moment the (entire) order is received by the consumer.
For companies and institutions The return of goods delivered to the customer is possible, provided that the article is returned within 14 working days of receipt. After AV-Telecom has received the returned goods, the return shipment will be checked for completeness, original packaging and any damage. A restocking fee of 10% of the value is charged for returns. If products are returned damaged, incomplete or with damaged packaging, an extra percentage of the value will be charged because it can no longer be sold "as new". The return amount is regarded as a credit balance. This credit balance can only be used by the customer for a subsequent purchase. AV-Telecom therefore does not return any money in the case of returned goods.
There is no right to return if the products are tailor-made or have only short shelf life to its specifications.
The buyer can use a return form. Seller is required to make this available immediately after buyer's demand.
During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to that extent to the extent necessary to assess whether he wishes to retain the product. If he avarates his right of withdrawal, he will return the unused and undamaged product with all the accessories supplied and , if reasonably possible, in the original shipping package to the seller, in accordance with the reasonable and clear instructions provided by the trader.
The cost of returning the product is for the buyer.
Article 6: Amendment of the Agreement
If, during the implementation of the Agreement, it appears that it is necessary for the proper performance of the contract to amend or supplement the work to be carried out, the Parties shall adapt the agreement accordingly in good time and by mutual agreement.
If the parties agree that the agreement will be amended or supplemented, it may affect the time of completion of the implementation. Seller will notify the buyer as soon as possible.
If the modification or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
If the parties have agreed a fixed price, the seller shall indicate the extent to which the modification or addition of the agreement will result in an overrun of that price.
By way of derogation from paragraph 3 of this Article, the seller may not charge an additional fee if the change or supplement is due to circumstances which may be attributed to him.
Article 7: Delivery and transfer of risk
Once as the purchased product is received by the buyer, the risk passes from seller to buyer.
Article 8: Research, advertisements
Buyer is required to (do) the delivered at the time of (delivery) delivery, but at least within as short a time frame as possible. In doing so, the buyer should examine whether the quality and quantity of the delivered correspond to what the parties have agreed, at least that quality and quantity meet the requirements of normal (commercial) traffic.
Advertisements relating to damage, shortages or loss of goods delivered must be submitted by the buyer in writing to the seller within 10 working days of the day of delivery of the goods.
If the complaint is justified within the time limit set, the seller has the right to either recover or re-deliver, or to fore and to send a credit note to the buyer for that part of the purchase price.
Slight and/or usual deviations and differences in quality, number, size or finish can not be opposed to the seller.
Complaints relating to a particular product do not affect other products or components associated with the same agreement.
After processing the goods with the buyer, no more advertisements are accepted.
Article 9: Samples and models
If a sample or model has been shown or provided to the purchaser, it is suspected to have been given only as an indication without the case to be supplied having to comply. This is different if the parties have explicitly agreed that the case to be delivered will be in line with this.
In the case of contracts in respect of immovable property, indication of the area or other dimensions and indications shall also be suspected to be intended only as an indication, without the case to be supplied having to comply.
Article 10: Delivery
Delivery takes place 'ex-factory/shop/warehouse'. This means that all costs are for copper.
The buyer is obliged to take the items from him at the time when the seller delivers it to him or delivers them to him, or at the time when these items are made available to him under the agreement.
If buyer refuses purchase or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the business on behalf and risk of buyer.
If the items are delivered, the seller is entitled to charge any delivery fees.
If the seller needs buyer's details for the execution of the contract, the delivery time will start after the buyer has made this information available to the seller.
A seller-specified delivery deadline is indicative. This is never a fatal term. If the deadline is exceeded, the buyer must default in writing.
The seller is entitled to deliver the items in in part, unless the parties have otherwise agreed in writing or do not receive a self-employed value. Seller is entitled to invoice these parts separately upon delivery in parts.
Article 11: Force majeure
If the seller is unable to comply with his obligations under force majeure, not timely or not properly fulfilling his obligations under force majeure, he will not be liable for damages suffered by the buyer.
Force majeure shall in any case mean any circumstance which the seller was unable to take into account at the time of entering into the contract and as a result of which the normal implementation of the contract cannot reasonably be required by the buyer such as, for example, sickness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, business occupation, work stoppages, job exclusion, modified government measures, transport difficulties, and other disturbances in the holding of sales.
Furthermore, force majeure means the fact that subcontractors on which the seller is dependent for the performance of the contract do not fulfil the contractual obligations to the seller, unless this is to be blamed on the seller.
If a situation such as this arises as a result of which the seller cannot fulfil his obligations to the buyer, those obligations shall be suspended as long as the seller cannot fulfil his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties shall have the right to terminate the agreement in writing in whole or in part.
If force majeure persists for more than three months, the buyer has the right to terminate the contract with immediate effect. Dissolution can only be done by a registered letter.
Article 12: Transfer of rights
Rights of a Party to this Agreement may not be transferred without the prior written consent of the other Party. This provision shall be considered as a clause having legal effect as referred to in Article 3:83, second paragraph, Civil Code.
Article 13: Reservation of ownership and retention
The items present by the seller and delivered items and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can rely on his reservation of ownership and take back the business.
If the agreed amounts are not paid in advance or are not paid on time, the seller has the right to suspend the work until the agreed part is still paid. This will leave creditors absent. In that case, a late delivery cannot be opposed to the seller.
The seller is not authorized to pledge the matters covered by his reservation of ownership or to object in any other way.
The seller undertakes to insure and ensure that the items supplied to the buyer under reservation of ownership are insured against fire, explosion and water damage, as well as against theft and to make the policy available for inspection at first request.
If items have not yet been delivered, but the agreed prepayment or price has not been paid in accordance with the agreement, the seller has the right of retention. The case will not be delivered until the buyer has paid in full and in accordance with the agreement.
In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately payable.
Article 14: Liability
Any liability for damage resulting from or related to the performance of an agreement shall always be limited to the amount paid by the concluded liability insurance(s) in the case in question. This amount is increased by the amount of the excess according to the relevant policy.
It is not excluded that the seller's liability for damages resulting from intentional or deliberate recklessness by the seller or his managerial subordinates is not excluded.
Article 15: Duty for complaints
Buyer is obliged to report complaints about the work done directly to the seller. The complaint contains the most detailed description of the defect, so that the seller is able to respond appropriately.
If a complaint is justified, the seller is required to restore it properly and possibly replace it.
Article 16: Warranty
If warranty is included in the agreement, the following shall apply. Seller guarantees that the sale complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty shall apply for a period of two calendar years after receipt of the purchase by purchaser.
The purpose of the guarantee of warranty is to establish a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always fully borne and risk by the seller and that the seller can never invoke Article 6:75 of the trade mark in a breach of a warranty. The previous sentence also applies if the infringement was known to the buyer or could have been known by carrying out an investigation.
The warranty shall not apply where the defect has arisen as a result of improper or improper use or where - without permission - the buyer or third parties have made or attempted to make or have used the purchased for purposes for which it is not intended.
If warranty provided by the seller relates to a case produced by a third party, the warranty shall be limited to the warranty provided by that producer.
Are you using the product the wrong way? Then the warranty will expire. This also applies if you use the product after the use-by date, store it incorrectly or do not maintain it properly. Even if there are circumstances that we have no influence on, unfortunately we cannot offer you a warranty. For example, extreme weather conditions.
We expect you as a customer to examine the products we bring to you, to see if everything is complete and working. Are there any visible defects to the products you receive from us? Then you must report this to us within 3 business days. Please do this using our return form and describe in as much detail as possible what is wrong with it. Non-visible defects must be passed on in writing within 5 working days.
Do we agree that your product is not working as you might expect and did you report it in time? Then we will replace the returned product as soon as possible after we have received the return. If we cannot replace or repair the product, we will reimburse you. Is your complaint unfounded? Then the costs we have incurred for research are on your behalf.
Article 17: Applicable law and competent court
Any agreement between the parties is limited to Dutch law.
The Dutch court in the district where AV-Telecom is located/holds practice/holds office is exclusively competent to take note of any disputes between the parties, unless the law requires otherwise.
The applicability of the Vienna Convention on Purchase is excluded.
Where, in legal proceedings, one or more provisions of these general conditions are considered unreasonably onerous, the remaining provisions shall remain in force without prejudice.