Terms and conditions
General hire, supply and payment terms:
Ligfietswinkel Amsterdam
Water spiegel plein 10 H
1051 PB AMSTERDAM
Registration K.v.K. to Amsterdam: 33295659
ARTICLE 1: APPLICATION
1. These conditions apply to all offers and all agreements of purchase / sale or rental / lease and the provision of services such as maintenance and repair services Ligfiets Shop of Amsterdam located in Amsterdam, hereinafter referred to as "the user".
2. The sponsor or buyer will be in the following referred to as "the other".
3. Otherwise conditions are only part of the agreement between the parties if and insofar as both parties expressly agreed in writing.
4. The other party without comment to accept and retain a job offer or confirmation, which is referred to these conditions shall constitute acceptance of its application.
5. It may not apply for a (part of) a provision of these terms and conditions affect the applicability of the other provisions intact.
ARTICLE 2: AGREEMENTS
1. Agreements to provide work and / or agreements of purchase and sale and / or the rental and leasing are first written confirmation by the user binding.
2. Additions or changes to the general conditions or otherwise changes or additions to the contract only after written confirmation by the user binding.
ARTICLE 3: OFFERS
1. All deals, offers, price lists, delivery times, etc. of the user are free, unless they contain a deadline for acceptance. If a tender offer or a free offer, and this offer is accepted by the other party, the user has the right to offer within 2 business days after receipt of the acceptance revoked.
2. And / or provided brochures, drawings, sketches, models, pictures and descriptions in offers, brochures, catalogs, size and weight assignments, little information and promotional materials, etc., and other user information are as accurate as possible, but apply only to indication. It is not legally binding, unless the parties expressly agreed otherwise in writing.
3. A. If between the date of concluding the agreement and the implementation of the agreement by the government and / or changing to trade unions in wages, working conditions or social insurance and such, the user is entitled to these increases to the other party to pass. If the above dates between a new price list issued by the user, whether as a result of changing prices from suppliers of the user, and enter into force, then the user has the prices listed therein to the other charge.
B. If the other party a natural person is not acting in the exercise of a profession or trade, holds the price 3 months after completion of the agreement defined above may be charged or charged. When price increases as previously mentioned in this article, within a shorter period than 3 months, the other power to dissolve the agreement.
ARTICLE 4: THIRD PARTY MOBILIZATION
The user has the power to implement what was agreed to switch parties.
The user has the power to implement what was agreed to switch parties.
ARTICLE 5: DELIVERY / WORK PERFORMED
1. Specified delivery schedules and deadlines within which work must be performed and / or business must be delivered to never be regarded as a deadline, unless otherwise expressly agreed. For non-timely delivery and completion of the work the user must therefore be in writing to be made.
2. When supply or carrying out activities in parts, each stage regarded as a separate transaction.
3. Delivery to location of the user, unless the parties expressly agreed otherwise in writing. The risk on the delivered goods are transferred to the other party at the time that the user has notified the other party that the case is ready.
4. The risk of things that are due to perform services under the control of the user are kept by the other party are based. The other case is obliged to have adequately insured and keep during the time that the case is under the control of the user is located.
5. If it does not seem possible cases to the other party to deliver or work to be carried out, due to a cause in the atmosphere of the party, the user retains the right things on behalf of the other party to store. The user, the other party in writing of the investigation storage and / or obstacle in the implementation of work and, also a reasonable period in which the other users must enable the work to resume and / or things to deliver.
6. If the other party even after expiry of the user-posted reasonable period, as provided in the preceding paragraph of this article, in default of its obligations to comply, the other by the mere lapse of 1 (one) month from the date of storage or obstacle in the implementation of the work required, in default and the user has the right to terminate the agreement in writing and with immediate effect, without further notice or without judicial intervention and without compensation claims, costs and interest held to be wholly or partially dissolve.
7. The previous affect the obligation of the other party agreed or stipulated price, and any storage costs and / or other costs to comply unaffected.
8. The user has the power to make the fulfillment of financial obligations of the advance party of security or to require him to deliver prior to and / or with work to start making.
ARTICLE 6: PROGRESS, WORK PERFORMANCE
1. The user can not previously required with the performance of work or the delivery to begin until all necessary information in his possession and he agreed any (deadline) payment has been received.
2. When the supplies or work for reasons outside the fault of the user is not normal or possible without interruption and / or if the defendant remains in default with respect to the fulfillment of the obligations mentioned in the previous article, the user has the resultant multiple costs, including labor and voorrijkosten loss and damage to the other charge.
3. If during the execution of the work assumed by the user indicates that they are impracticable, either as a result of the user is not known circumstances, whether by force majeure, which therefore, the user has the right to require that the user provided contract is amended so that the implementation of the work is possible, except when hetzelve due to unknown circumstances or force majeure never will be possible. The user then has a right to full compensation for the already performed work by the user.
4. All expenses made by the user are made at the request of the other party will be borne entirely by the latter, unless otherwise agreed in writing.
1. Specified delivery schedules and deadlines within which work must be performed and / or business must be delivered to never be regarded as a deadline, unless otherwise expressly agreed. For non-timely delivery and completion of the work the user must therefore be in writing to be made.
2. When supply or carrying out activities in parts, each stage regarded as a separate transaction.
3. Delivery to location of the user, unless the parties expressly agreed otherwise in writing. The risk on the delivered goods are transferred to the other party at the time that the user has notified the other party that the case is ready.
4. The risk of things that are due to perform services under the control of the user are kept by the other party are based. The other case is obliged to have adequately insured and keep during the time that the case is under the control of the user is located.
5. If it does not seem possible cases to the other party to deliver or work to be carried out, due to a cause in the atmosphere of the party, the user retains the right things on behalf of the other party to store. The user, the other party in writing of the investigation storage and / or obstacle in the implementation of work and, also a reasonable period in which the other users must enable the work to resume and / or things to deliver.
6. If the other party even after expiry of the user-posted reasonable period, as provided in the preceding paragraph of this article, in default of its obligations to comply, the other by the mere lapse of 1 (one) month from the date of storage or obstacle in the implementation of the work required, in default and the user has the right to terminate the agreement in writing and with immediate effect, without further notice or without judicial intervention and without compensation claims, costs and interest held to be wholly or partially dissolve.
7. The previous affect the obligation of the other party agreed or stipulated price, and any storage costs and / or other costs to comply unaffected.
8. The user has the power to make the fulfillment of financial obligations of the advance party of security or to require him to deliver prior to and / or with work to start making.
ARTICLE 6: PROGRESS, WORK PERFORMANCE
1. The user can not previously required with the performance of work or the delivery to begin until all necessary information in his possession and he agreed any (deadline) payment has been received.
2. When the supplies or work for reasons outside the fault of the user is not normal or possible without interruption and / or if the defendant remains in default with respect to the fulfillment of the obligations mentioned in the previous article, the user has the resultant multiple costs, including labor and voorrijkosten loss and damage to the other charge.
3. If during the execution of the work assumed by the user indicates that they are impracticable, either as a result of the user is not known circumstances, whether by force majeure, which therefore, the user has the right to require that the user provided contract is amended so that the implementation of the work is possible, except when hetzelve due to unknown circumstances or force majeure never will be possible. The user then has a right to full compensation for the already performed work by the user.
4. All expenses made by the user are made at the request of the other party will be borne entirely by the latter, unless otherwise agreed in writing.
ARTICLE 7: SPECIAL PROVISIONS APPLICABLE TO THE RENTAL AND RENTAL OF CYCLING
1. The user undertakes to the other party in the underlying lease specified rented to the other in rent to stand as the party undertakes the rented for lease to accept.
2. The rent (excluding VAT) in the other party will be charged according to what the underlying lease is determined.
3. The lease will begin at the time when the rented the store of the user leaves and ends at the time of return or return to the store of the user.
4. The other party has the right to inspect hired before hiring. If the other party does not exercise this right, he is deemed hired in a good state of maintenance and use ready to have received.
5. The user shall ensure that it meets hired any applicable statutory provisions.
6. The other party is obliged to pay the hired during the rental period in good condition.
7. The rented malfunctions and damage or loss to the user must immediately be reported together with all the details.
8. Recovery from injury may only be carried out by or with the express written consent and designation of the user.
9. The other party is required to end the rental of the rented in good condition (including the supplied keys) to deliver.
10. The other party has the right to return and the subsequent inspection, to be present. Any costs of any loss, cleaning and restoration, necessary for the hired back into the state as it was received by the other party, shall be borne by the other party.
11. The rented property remains at all times of the user. It is the other third parties are not allowed on the rented single to right. It is the party that provided the rented nor permitted to re-hire, under lease, or whether or not for payment to third parties for use to stand.
12. It is the party banned on the rented differently than as a holder for the user and he must at all times to prevent third parties to the expectation or suggest that he further decision on jurisdiction is hired.
13. The user is never liable for damages (direct and / or indirectly) inflicted on the other and / or third parties by or arising from or associated with the use of the hired, regardless of the nature of the injury.
14. The other states unless the user to leave for any claim in respect of damages as referred to in the preceding paragraph of this article.
15. In the case of extreme weather (ice, wind, etc. 8) on the effective date of the rent - so at the discretion of the user - the other is able to lease free of charge to cancel under refund of the deposit.
ARTICLE 8: SIGNS / RETURN SHIPMENTS
1. The other party is obliged to direct the receipt of the business or the end of the work to control them so. If visible defects, defects, imperfections and / or deficiencies are identified, etc., shall be noted on the bill of lading or begeleidingsbon and immediately notify the user to be, or should the other user within 24 hours after receipt thereof to inform, so followed by an immediate written confirmation to the user.
2. Other signs, even in respect of work performed, should be sent by registered mail within 8 days after receipt of the goods or performance of the work on the user to be reported.
3. If the top advertising not reported within the time periods referred to the user is known, the issues considered in good condition to have been received or the work considered to be well executed. Cases also be considered in good condition to have been received or the work considered to be well implemented if the other side of the delivered or a portion of the delivered in use has taken or delivered to third parties.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this article, in respect of individuals who are not acting in the exercise of a profession or trade, also under the provisions of paragraph 9 of Article 9 in qualifying.
5. If the top advertising not reported within the time periods referred to the user is known, the issues considered in good condition to have been received or the work considered to be well executed.
6. Complaints suspend the payment of the other not.
7. The user should be able to be made to investigate the complaint.
8. If the investigation into the complaint return required, which only made the expense and risk of the user if the latter are thus express prior written consent of disappointment.
9. In all cases return to a user to be determined. Return is made on behalf of the other party, unless the user based advertising declares.
10. If the situation after delivery of nature and / or composition have changed, partly or fully processed, damaged or caught, each right will expire on advertising.
11. In case of legitimate claims will be settled claims under the provisions of Article 9.
12. Minor repairs and / or complaints against compensation for material and other repair costs, plus € 15.00 excluding VAT research and evaluation costs, executed.
1. The user undertakes to the other party in the underlying lease specified rented to the other in rent to stand as the party undertakes the rented for lease to accept.
2. The rent (excluding VAT) in the other party will be charged according to what the underlying lease is determined.
3. The lease will begin at the time when the rented the store of the user leaves and ends at the time of return or return to the store of the user.
4. The other party has the right to inspect hired before hiring. If the other party does not exercise this right, he is deemed hired in a good state of maintenance and use ready to have received.
5. The user shall ensure that it meets hired any applicable statutory provisions.
6. The other party is obliged to pay the hired during the rental period in good condition.
7. The rented malfunctions and damage or loss to the user must immediately be reported together with all the details.
8. Recovery from injury may only be carried out by or with the express written consent and designation of the user.
9. The other party is required to end the rental of the rented in good condition (including the supplied keys) to deliver.
10. The other party has the right to return and the subsequent inspection, to be present. Any costs of any loss, cleaning and restoration, necessary for the hired back into the state as it was received by the other party, shall be borne by the other party.
11. The rented property remains at all times of the user. It is the other third parties are not allowed on the rented single to right. It is the party that provided the rented nor permitted to re-hire, under lease, or whether or not for payment to third parties for use to stand.
12. It is the party banned on the rented differently than as a holder for the user and he must at all times to prevent third parties to the expectation or suggest that he further decision on jurisdiction is hired.
13. The user is never liable for damages (direct and / or indirectly) inflicted on the other and / or third parties by or arising from or associated with the use of the hired, regardless of the nature of the injury.
14. The other states unless the user to leave for any claim in respect of damages as referred to in the preceding paragraph of this article.
15. In the case of extreme weather (ice, wind, etc. 8) on the effective date of the rent - so at the discretion of the user - the other is able to lease free of charge to cancel under refund of the deposit.
ARTICLE 8: SIGNS / RETURN SHIPMENTS
1. The other party is obliged to direct the receipt of the business or the end of the work to control them so. If visible defects, defects, imperfections and / or deficiencies are identified, etc., shall be noted on the bill of lading or begeleidingsbon and immediately notify the user to be, or should the other user within 24 hours after receipt thereof to inform, so followed by an immediate written confirmation to the user.
2. Other signs, even in respect of work performed, should be sent by registered mail within 8 days after receipt of the goods or performance of the work on the user to be reported.
3. If the top advertising not reported within the time periods referred to the user is known, the issues considered in good condition to have been received or the work considered to be well executed. Cases also be considered in good condition to have been received or the work considered to be well implemented if the other side of the delivered or a portion of the delivered in use has taken or delivered to third parties.
4. Notwithstanding the provisions of paragraphs 1 and 2 of this article, in respect of individuals who are not acting in the exercise of a profession or trade, also under the provisions of paragraph 9 of Article 9 in qualifying.
5. If the top advertising not reported within the time periods referred to the user is known, the issues considered in good condition to have been received or the work considered to be well executed.
6. Complaints suspend the payment of the other not.
7. The user should be able to be made to investigate the complaint.
8. If the investigation into the complaint return required, which only made the expense and risk of the user if the latter are thus express prior written consent of disappointment.
9. In all cases return to a user to be determined. Return is made on behalf of the other party, unless the user based advertising declares.
10. If the situation after delivery of nature and / or composition have changed, partly or fully processed, damaged or caught, each right will expire on advertising.
11. In case of legitimate claims will be settled claims under the provisions of Article 9.
12. Minor repairs and / or complaints against compensation for material and other repair costs, plus € 15.00 excluding VAT research and evaluation costs, executed.
ARTICLE 9: LIABILITY AND WARRANTY
1. The user implements its mission as a company in its industry may be expected, but accepts no liability for damages, including consequential damages, which resulted from his acts or omissions in the broadest sense, except as this to his serious misconduct, gross negligence and / or design is due, or if legal provisions of mandatory law otherwise arises. The same restriction applies to staff and / or other third parties that the user in the performance of his work on.
2. Without prejudice to the other members of this Article shall be the responsibility of the user - from whatever reason - limited to the amount of the net price of the delivered goods or the work done. Satisfying this guarantee is regarded as the only and full compensation.
3. Notwithstanding the preceding paragraph of this article, the user never obliged to pay damages which exceed the insured amount, to the extent the damage is covered by a user liability insurance for businesses.
4. If in the progress of the work or materials delivered in the visible errors, inaccuracies and / or deficiencies arise which are already at the time of delivery should have been present, requires the user is doing business - it chooses - free of charge to repair or replace.
5. The user is responsible for the usual normal quality and adequacy of supplies, and actual life can never be guaranteed.
6. If the user in his offer to supply material recording, the user is at relies on these materials on the information provided by the manufacturer or supplier of materials to the user are provided as regards the behavior and properties of these materials. The user is on the basis of the foregoing is not liable for damage incurred in this respect.
7. A. In all cases, the period within which the user for compensation for the injury can be contacted limited to 6 months from the time the liability of compensation has been proven.
B. If the other party a natural person is not acting in the exercise of a profession or business, have a maximum term of 1 (one) years from the time the liability of the damages is established, in which the user for compensation for injury can be found.
8. So by the user delivered by the manufacturer have a guarantee, which will guarantee equal manner between Parties.
9. In the other case a natural person, who is not acting in the exercise of a profession or trade, the user statutory warranty periods in eight.
10. Warranty previously used by third-party affairs, such as second-hand bicycles, demonstration and show models, exchange parts and components, is expressly excluded, unless the parties expressly agreed otherwise in writing.
11. The other loses his rights to the user, is liable for all damages and indemnify the user against any claim by third parties in respect of compensation for damage if and where:
A. said damage was caused by improper and / or instructions from the user inconsistent use and / or improper storage (storage) of the goods delivered by the other party;
B. said damage was incurred because the party not in accordance with the instructions given by the seller and / or opinions acted;
C. said damage was caused by errors or inaccuracies in data, materials, information carriers, etc. by or on behalf of the other party to the user are provided and / or prescribed;
D. said damage was incurred by or on behalf evidence of the defendant to the user;
E. said damage was incurred after emergency repairs were carried out.
1. The user implements its mission as a company in its industry may be expected, but accepts no liability for damages, including consequential damages, which resulted from his acts or omissions in the broadest sense, except as this to his serious misconduct, gross negligence and / or design is due, or if legal provisions of mandatory law otherwise arises. The same restriction applies to staff and / or other third parties that the user in the performance of his work on.
2. Without prejudice to the other members of this Article shall be the responsibility of the user - from whatever reason - limited to the amount of the net price of the delivered goods or the work done. Satisfying this guarantee is regarded as the only and full compensation.
3. Notwithstanding the preceding paragraph of this article, the user never obliged to pay damages which exceed the insured amount, to the extent the damage is covered by a user liability insurance for businesses.
4. If in the progress of the work or materials delivered in the visible errors, inaccuracies and / or deficiencies arise which are already at the time of delivery should have been present, requires the user is doing business - it chooses - free of charge to repair or replace.
5. The user is responsible for the usual normal quality and adequacy of supplies, and actual life can never be guaranteed.
6. If the user in his offer to supply material recording, the user is at relies on these materials on the information provided by the manufacturer or supplier of materials to the user are provided as regards the behavior and properties of these materials. The user is on the basis of the foregoing is not liable for damage incurred in this respect.
7. A. In all cases, the period within which the user for compensation for the injury can be contacted limited to 6 months from the time the liability of compensation has been proven.
B. If the other party a natural person is not acting in the exercise of a profession or business, have a maximum term of 1 (one) years from the time the liability of the damages is established, in which the user for compensation for injury can be found.
8. So by the user delivered by the manufacturer have a guarantee, which will guarantee equal manner between Parties.
9. In the other case a natural person, who is not acting in the exercise of a profession or trade, the user statutory warranty periods in eight.
10. Warranty previously used by third-party affairs, such as second-hand bicycles, demonstration and show models, exchange parts and components, is expressly excluded, unless the parties expressly agreed otherwise in writing.
11. The other loses his rights to the user, is liable for all damages and indemnify the user against any claim by third parties in respect of compensation for damage if and where:
A. said damage was caused by improper and / or instructions from the user inconsistent use and / or improper storage (storage) of the goods delivered by the other party;
B. said damage was incurred because the party not in accordance with the instructions given by the seller and / or opinions acted;
C. said damage was caused by errors or inaccuracies in data, materials, information carriers, etc. by or on behalf of the other party to the user are provided and / or prescribed;
D. said damage was incurred by or on behalf evidence of the defendant to the user;
E. said damage was incurred after emergency repairs were carried out.
ARTICLE 10: PAYMENT
1. Payment is made cash on delivery of business, unless the parties have agreed in writing that there will be billed.
2. Payment must within 14 days after the billing date to be done, even if in accordance with Article 5 could not be delivered unless the parties expressly agreed otherwise in writing.
3. If a bill after the expiry of the period described in paragraph 2 is not paid in full:
A. the other will provide the user with a delay due to size rate of 2% per month cumulative calculate on the principal. Parts of a month are regarded them as full months;
B. after the other will end by the user to have been carrying, for a minimum of extra costs due 15% of the sum of principal and interest with an absolute minimum of € 150.00;
C. the user has the right for each other sent to the payment reminder, reminder etc., an amount of at least € 20.00 for administrative costs by the other party in charge. The user will be in the agreement and / or the state bill.
4. At the discretion of the user or in previous corresponding conditions, without any further notice or judicial intervention, the agreement fully or partially dissolved, whether or not combined with a claim for damages.
5. If the other party in time to have fulfilled his commitments, the user is empowered to fulfill their obligations towards the other party to supply or to carry out work to be suspended until payment is made or proper security is provided. The same is true even before the moment of failure if the user is reasonable suspicion that there are grounds for the creditworthiness of the other doubts.
6. By the other payments made object ever to settlement of all interest and costs due invoices and then with the longest open, unless the other party in writing payment expressly states that the payment relates to a later bill.
7. A. If the other party, from whatever reason, one or more claims against the user has, or will obtain, the other from the right to offset with respect to this claim (s). GAPS of the right to set off also applies if the other suspension of payments or in a state of bankruptcy is declared.
B. The provisions under sub A of this paragraph shall not apply where the defendant is a natural person who is not acting in the exercise of a profession or business.
1. Payment is made cash on delivery of business, unless the parties have agreed in writing that there will be billed.
2. Payment must within 14 days after the billing date to be done, even if in accordance with Article 5 could not be delivered unless the parties expressly agreed otherwise in writing.
3. If a bill after the expiry of the period described in paragraph 2 is not paid in full:
A. the other will provide the user with a delay due to size rate of 2% per month cumulative calculate on the principal. Parts of a month are regarded them as full months;
B. after the other will end by the user to have been carrying, for a minimum of extra costs due 15% of the sum of principal and interest with an absolute minimum of € 150.00;
C. the user has the right for each other sent to the payment reminder, reminder etc., an amount of at least € 20.00 for administrative costs by the other party in charge. The user will be in the agreement and / or the state bill.
4. At the discretion of the user or in previous corresponding conditions, without any further notice or judicial intervention, the agreement fully or partially dissolved, whether or not combined with a claim for damages.
5. If the other party in time to have fulfilled his commitments, the user is empowered to fulfill their obligations towards the other party to supply or to carry out work to be suspended until payment is made or proper security is provided. The same is true even before the moment of failure if the user is reasonable suspicion that there are grounds for the creditworthiness of the other doubts.
6. By the other payments made object ever to settlement of all interest and costs due invoices and then with the longest open, unless the other party in writing payment expressly states that the payment relates to a later bill.
7. A. If the other party, from whatever reason, one or more claims against the user has, or will obtain, the other from the right to offset with respect to this claim (s). GAPS of the right to set off also applies if the other suspension of payments or in a state of bankruptcy is declared.
B. The provisions under sub A of this paragraph shall not apply where the defendant is a natural person who is not acting in the exercise of a profession or business.
ARTICLE 11: PROPERTY
1. The user retains ownership of goods delivered and delivered up to the time when the other related to his commitments towards the user has complied. Those commitments include paying the purchase price, plus claims in respect of work done with those who supply related, as well as claims for damages for any shortcomings in the fulfillment of obligations in support of the other.
2. If the user has recourse to the title, the relevant agreement as dissolved, without prejudice to the right of the user fee of damage, lost profits and interest paid.
3. The other requires the user is immediately informed in writing of the fact that third party claims to cases in which an article under this title quietness.
ARTICLE 12: PAND / WARRANTAGE
Until the time when the other party to complete its commitments related to the user has met the defendant is not competent delivered to third parties to provide collateral and / or a pledge to hold free to establish and / or things for storage the actual power of one or several financiers to bring (warrantage), so there will be regarded as a failure attributable to his side. The user can then immediately, without any notice to give his obligations under the agreement to suspend or dissolve the agreement, without prejudice to the right of the user fee of damage, lost profits and interest.
ARTICLE 13: Delivery PURCHASE
1. Where to buy a case also a matter of the defendant exchanged, the case in exchange for expense and risk of the other party until the moment of delivery. The other party is liable for costs of maintenance, damage, loss and depreciation. The user is not bound by the agreed exchange price if the actual delivery at a later date than the approximate delivery time. In that case, a pre-agreed between the parties as a percentage of depreciation in the exchange / purchase is handled.
2. The other guarantees that its case to exchange free of rights and claims by third parties, damage, and in sound and safe condition.
3. The other party is required to provide the user with all relevant information regarding the case to exchange information, which he suspects or ought to know that this is relevant to the user.
4. The actual exchange does not absolve the defendant of his obligations as mentioned in this article.
ARTICLE 14: BANKRUPTCY, DECISIONS KINGSON POWER etc.
Notwithstanding the other provisions of these conditions is between the party and the user agreement dissolved without judicial intervention and without any notice will be required at the time when the other party in a state of bankruptcy is declared, (provisional) suspension of payments, enforceable by sequestration thereon, under guardianship or trusteeship under state or otherwise the power or capacity with respect to his assets or parts of it, unless the liquidator or administrator of the obligations under the Agreement recognizes as estate debt.
ARTICLE 15: MAJEURE
1. Where fulfillment of what the user under the agreement with the other party is held and this is not possible due to non-compliance is not attributable to the side of the user, and / or to the side of the implementation of the agreement enabled third parties or suppliers, or in the event of another major reason for doing on the side of the user, the user has the agreement concluded between parties to dissolve, or the fulfillment of his obligations to the other party during a by him provide reasonable time to suspend without any compensation to be held. If the above situation occurs if the agreement is partly implemented, the party held to his obligations to the user until that time to comply.
2. If circumstances in which there will be not attributable non-compliance will be: war, riots, mobilization, foreign and domestic unrest, governmental action, strikes and exclusion by workmen or threat of these and similar circumstances; disturbance at the time of entering into the contract value ratios, business failures by fire, accident or other incidents, natural phenomena, to be indifferent or not, or non-compliance occurs early in the user, its suppliers or third parties by him for the implementation of the commitment are enabled.
3. If the other party in any way to the user in the absence could prompt continue to fulfill its obligations, in cessation of payments, application to (provisional) suspension of payments, bankruptcy, enforceable seizure, insolvency or liquidation of the distance company of the other, is all done by him under any contact that the user is due immediately and fully payable.
1. The user retains ownership of goods delivered and delivered up to the time when the other related to his commitments towards the user has complied. Those commitments include paying the purchase price, plus claims in respect of work done with those who supply related, as well as claims for damages for any shortcomings in the fulfillment of obligations in support of the other.
2. If the user has recourse to the title, the relevant agreement as dissolved, without prejudice to the right of the user fee of damage, lost profits and interest paid.
3. The other requires the user is immediately informed in writing of the fact that third party claims to cases in which an article under this title quietness.
ARTICLE 12: PAND / WARRANTAGE
Until the time when the other party to complete its commitments related to the user has met the defendant is not competent delivered to third parties to provide collateral and / or a pledge to hold free to establish and / or things for storage the actual power of one or several financiers to bring (warrantage), so there will be regarded as a failure attributable to his side. The user can then immediately, without any notice to give his obligations under the agreement to suspend or dissolve the agreement, without prejudice to the right of the user fee of damage, lost profits and interest.
ARTICLE 13: Delivery PURCHASE
1. Where to buy a case also a matter of the defendant exchanged, the case in exchange for expense and risk of the other party until the moment of delivery. The other party is liable for costs of maintenance, damage, loss and depreciation. The user is not bound by the agreed exchange price if the actual delivery at a later date than the approximate delivery time. In that case, a pre-agreed between the parties as a percentage of depreciation in the exchange / purchase is handled.
2. The other guarantees that its case to exchange free of rights and claims by third parties, damage, and in sound and safe condition.
3. The other party is required to provide the user with all relevant information regarding the case to exchange information, which he suspects or ought to know that this is relevant to the user.
4. The actual exchange does not absolve the defendant of his obligations as mentioned in this article.
ARTICLE 14: BANKRUPTCY, DECISIONS KINGSON POWER etc.
Notwithstanding the other provisions of these conditions is between the party and the user agreement dissolved without judicial intervention and without any notice will be required at the time when the other party in a state of bankruptcy is declared, (provisional) suspension of payments, enforceable by sequestration thereon, under guardianship or trusteeship under state or otherwise the power or capacity with respect to his assets or parts of it, unless the liquidator or administrator of the obligations under the Agreement recognizes as estate debt.
ARTICLE 15: MAJEURE
1. Where fulfillment of what the user under the agreement with the other party is held and this is not possible due to non-compliance is not attributable to the side of the user, and / or to the side of the implementation of the agreement enabled third parties or suppliers, or in the event of another major reason for doing on the side of the user, the user has the agreement concluded between parties to dissolve, or the fulfillment of his obligations to the other party during a by him provide reasonable time to suspend without any compensation to be held. If the above situation occurs if the agreement is partly implemented, the party held to his obligations to the user until that time to comply.
2. If circumstances in which there will be not attributable non-compliance will be: war, riots, mobilization, foreign and domestic unrest, governmental action, strikes and exclusion by workmen or threat of these and similar circumstances; disturbance at the time of entering into the contract value ratios, business failures by fire, accident or other incidents, natural phenomena, to be indifferent or not, or non-compliance occurs early in the user, its suppliers or third parties by him for the implementation of the commitment are enabled.
3. If the other party in any way to the user in the absence could prompt continue to fulfill its obligations, in cessation of payments, application to (provisional) suspension of payments, bankruptcy, enforceable seizure, insolvency or liquidation of the distance company of the other, is all done by him under any contact that the user is due immediately and fully payable.
ARTICLE 16: CANCELLATION AND WINDING
1. Cancellation by the other party is only possible if the user consent.
2. By canceling the rental / lease, the other party to the user a fee of:
A. for cancellation up to 1 month before the date 10% of the agreed price;
B. cancellation by up to 2 weeks before the date 20% of the agreed price;
C. for cancellation up to 1 week before the date 40% of the agreed price;
D. for cancellation after 1 week before the effective date until the date of the commencement date 80% of the agreed price;
E. for cancellation on the day of the date itself 100% of the agreed price.
3. By canceling all other agreements with the user, the other party to the user, in addition to compensation of at least 30% of the agreed price or any injury to the user as a result of the cancellation caused obliged to purchase already ordered Affairs, then not working or processing, paying the cost.
4. The other is against third parties liable for the consequences of the cancellation and indemnify the user to the matter. This will affect the rights of the user the actual damage to recover.
5. The other is against third parties liable for the consequences of cancellation and protects the user on the matter.
6. By the other party already paid are not refundable.
ARTICLE 17: GOVERNING LAW AND JURISDICTION
1. In the meantime, the user agreement and the other is Dutch law. The disputes arising from the agreement will also be settled under Dutch law.
2. Any disputes will be tried by a competent Dutch court, except that the user the rightful power to make a case pending before the competent court in the place where the user is located, unless the Court has jurisdiction on the matter.
3. If the other party a natural person is not acting in the exercise of a profession or business, that is within 1 (one) month after the user to the other party has expressed that the matter before the court will be presented, the other known that he chooses to settle the dispute by the legally competent court.
1. Cancellation by the other party is only possible if the user consent.
2. By canceling the rental / lease, the other party to the user a fee of:
A. for cancellation up to 1 month before the date 10% of the agreed price;
B. cancellation by up to 2 weeks before the date 20% of the agreed price;
C. for cancellation up to 1 week before the date 40% of the agreed price;
D. for cancellation after 1 week before the effective date until the date of the commencement date 80% of the agreed price;
E. for cancellation on the day of the date itself 100% of the agreed price.
3. By canceling all other agreements with the user, the other party to the user, in addition to compensation of at least 30% of the agreed price or any injury to the user as a result of the cancellation caused obliged to purchase already ordered Affairs, then not working or processing, paying the cost.
4. The other is against third parties liable for the consequences of the cancellation and indemnify the user to the matter. This will affect the rights of the user the actual damage to recover.
5. The other is against third parties liable for the consequences of cancellation and protects the user on the matter.
6. By the other party already paid are not refundable.
ARTICLE 17: GOVERNING LAW AND JURISDICTION
1. In the meantime, the user agreement and the other is Dutch law. The disputes arising from the agreement will also be settled under Dutch law.
2. Any disputes will be tried by a competent Dutch court, except that the user the rightful power to make a case pending before the competent court in the place where the user is located, unless the Court has jurisdiction on the matter.
3. If the other party a natural person is not acting in the exercise of a profession or business, that is within 1 (one) month after the user to the other party has expressed that the matter before the court will be presented, the other known that he chooses to settle the dispute by the legally competent court.