Article 1. General
a. these general terms and conditions apply to all offers and agreements to which the general partnership "Unknown Army" delivers goods of any kind to buyer, whether or not such goods are defined in these terms and conditions. Deviations from these general conditions are valid only if expressly agreed in writing.
b. the applicability of any (in) sale and/or other general condition (s) of the buyer is hereby expressly excluded. Only the terms between the buyer and Unknown Army are applicable.
c. If Unknown Army goods and/or services of any kind to buyer, buyer has once considered at all subsequent closed with Unknown Army (sale) agreements implied with the application of these conditions to be familiar and to have agreed to these conditions, regardless of whether such a (buy) agreement has been confirmed in writing.
d. Unknown Army will in the implementation of all commands the necessary care and to the best of its ability with the interests of the principal.
Article 2 offers/quotes
Offers and quotations are without obligation unless explicitly indicated otherwise. Unknown Army has the power to change prices. In the absence of written order confirmation is deemed the invoice of Unknown Army the content of the agreement is complete and correct.
Article 3 prices, price changes and shipping
a. Unknown Army prices include VAT. Possibly other levies imposed by the Government are not included.
b. Unknown Army has after prior notice to the buyer the right to increase its rates and prices in order to pass on cost increases. If the price is increased by more than 5%, the buyer has the right to dissolve the agreement in writing within seven working days following the said notification.
c. shipping costs are for the account of the purchaser at any time. If the shipping charges turn out to be higher than budgeted in advance by Unknown Army, Unknown Army reserves the right for these higher shipping costs integral to charge to the purchaser.
Article 4 delivery
a. all specified by Unknown Army to the best of my knowledge (of delivery) terms are determined on the basis of the data when entering into the agreement were known to Unknown Army and they will be observed as far as possible; the delivery term mentioned some crossing at Unknown Army brings not default. The delivery period shall begin from the time payment is received and the data which Unknown Army needs for the implementation of the agreement have been received.
b. delivery will be by regular mail unless the parties have agreed otherwise. The risk of transmission in this way comes for the buyer. As proof that the purchased by mail is sent, the administration of Unknown Army. If it has been found that the purchased is sent is this considered as delivered and delivered. If desired, the purchased by the buyer to the greater certainty be sent by registered mail with acknowledgment of receipt; the extra costs of this mode of shipping will be paid by buyer (see also article 3 c).
Article 5 payment
a. payment shall take place only through credit card or bank transfer.
b. Objections against the height of the invoices the payment obligation not on apron.
c. after the expiry of the time limit for payment, the buyer is in default; the buyer is from the time of default on the amount due and payable bear interest at the rate of 1.5% per month.
Article 6 collection costs
The buyer fails to fulfill one or more of its obligations, all reasonable costs incurred to have all extrajudicial costs and debts paid shall be borne by the buyer. The collection charges shall be fixed at 15% of the amount to be paid in principal amount, with a minimum of € 65,-. If Unknown Army proves to have made higher costs, which were reasonably necessary, come also this for integral recoverable.
Article 7 retention of title
a. all goods supplied remain the property of all his obligations towards the buyer to Unknown Army until Unknown Army, including doing interest payments as well as costs for collection, have been fulfilled.
b. Unknown Army is entitled at any time to take back the goods supplied under the retention of title and/or to take away if the buyer does not fulfill his obligations or well-founded fear exists. The buyer is obliged to provide his cooperation to do so under penalty of a fine of 10% of the amount due to him per day. Buyer has also obliged these matters on the first reminder to return carriage paid to Unknown Army.
Article 8 Complaint term
a. the buyer is obliged immediately upon receipt of the items delivered to unpack and check whether the consignment corresponds to the order and with the enclosed invoice.
b. the complaint, within not more than eight days after the date of delivery, in writing to be brought to the attention of Unknown Army. Any claim for compensation for damage, repair or replacement of any case, delivered on any grounds whatsoever, and any right to termination of the agreement is void in case of non-timely notification of the complaint. Under the date of delivery means two days after the date specified on the invoice.
c. during the examination of a complaint to Unknown Army the buyer no right to the payment of the purchase price to suspend in whole or in part, or to dissolve the agreement.
d. return of business requires the prior written permission of Unknown Army.
e. In case of a justified complaint is Unknown Army only obliged to replace the business within a reasonable time, or to whole or partial credit of the agreed purchase price to the buyer.
Article 9 non-liable failing: force majeure
a. Unknown Army is not liable for damage due to force majeure.
b. force majeure circumstances are (inter alia) understand what not to Unknown Army can be held responsible and which have the effect of the agreement is not complied with, or it can this to generally applicable standards cannot reasonably be taken by Unknown Army.
c. If Unknown Army is hindered by force majeure in the execution of the agreement she is entitled to suspend delivery until the force majeure has ceased to exist or to dissolve the agreement in whole or in part, without being liable to pay any compensation.
Article 10 liability for damage
a. the total liability of Unknown Army due to attributable failure in the performance of the agreement is limited to compensation for direct damages up to the amount of the price agreed for that agreement (excl. VAT).
b. Unknown Army is in no way liable for consequential damages of the buyer.
Article 11 intellectual property and copyrights
a. Unknown Army retains all copyright to the work sold. By the sale in no way transferred to the purchaser by copyright Unknown Army.
b. the purchased is intended only to be used by the buyer and should-without the prior permission of Unknown Army -not be reproduced, published or be made available to third parties.
Article 12 Disputes
a. all disputes between Unknown Army and the buyer, including the collection of claims, shall exclusively be settled by the competent court in Haarlem, as far as any legal text does not exclude this choice of forum.
b. Parties, of any nationality, irrespective of the place of supply of any case explain, the Dutch law is applicable. The applicability of the Vienna Sales Convention is expressly excluded.
c. to the extent that any provision in these terms or in the agreement with the buyer by the right front is held void, voidable or ineffective, the other provisions in these terms and (or) not to in the agreement concluded between the parties.
Typesetting and printing errors are reserved. These conditions are registered at the Chamber of Commerce and industry for Amsterdam under number 66176573.
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