Tiel; October 20, 1999
General Terms and Conditions, as filed with Chamber of Commerce Tiel under no. 2192.
Article 1. General;
"Purchaser" and / or "other party" is understood in these terms; every (legal) person who has entered into a contract with our company, wishes to conclude respectively and except as their representative (-s), agent (-n), assignee (-n) and heirs.
Article 2. Applicability of these conditions;
1. These conditions apply to every offer and every agreement between a buyer and PrintTec which PrintTec these conditions has stated, if these conditions are not expressly and in writing by the parties.
2. These conditions also apply to all agreements with PrintTec, for which third parties should be involved.
Article 3. Quotations;
1. Offers of PrintTec are free and expire no later than 30 days after the date of the offer.
2. Notwithstanding the provisions of article 6: 225 paragraph 2 Civil Code PrintTec is not tied to the acceptance by the potential buyer abnormalities of tender PrintTec.
3. quotes from PrintTec stated delivery times and other terms mentioned by PrintTec 'performances are general and informative; its encroachment gives the potential buyer is not entitled to damages or rescission.
4. PrintTec specified prices, unless otherwise stated, based on performance during normal working hours and exclusive transport, packing, delivery and installation costs, VAT and other government levies.
5. In a composite quotation is no obligation for PrintTec to deliver part of the goods included in the offer for a corresponding part of the specified price, or the display of PrintTec applies automatically reorders.
6. PrintTec is only bound by its offer if the acceptance thereof by the potential buyer in writing within 30 days is confirmed. The prices indicated in an offer are exclusive of VAT, unless otherwise indicated.
Article 4. Delivery
1. Unless otherwise agreed, delivery is ex factory. When there as a delivery condition of the "Incoterms" is agreed, the force at the time of conclusion of the contract will "Incoterms" apply.
2. The buyer is obliged to accept the purchased goods at the moment they are delivered to him or at the moment according to the agreement made available to him.
3. If the buyer refuses or fails to provide information or instructions necessary for the delivery, the goods will be stored at the risk of the purchaser. The purchaser will in that case all additional costs, including in any case storage costs are due.
Article 5. Delivery
1. PrintTec specified delivery times are always approximate and are never deadlines.
2. In late delivery must declare in writing the purchaser thereof and PrintTec PrintTec to set a reasonable period to still fulfill its obligations.
3. The delivery time quoted by PrintTec commence until after all required information in its possession.
Article 6. Partial deliveries
It is PrintTec allowed to deliver the goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Printtec is entitled to invoice each part separately.
Article 7. Technical requirements, etc.
1. If the supply in the Netherlands are to be used outside the Netherlands PrintTec is not responsible for the goods to be delivered meet the technical requirements, standards and regulations imposed by laws or regulations of the country where the goods are to be used. This does not apply if it is made at the conclusion of the agreement on the use of the country report on submission of
all necessary information and specifications.
2. All other technical requirements to the items to be supplied by the purchaser and which deviate from the standard requirements must at the conclusion of the contract by the purchaser expressly to be reported.
Article 8. Samples, models and examples
If by PrintTec a model, sample or example shown or supplied, it is presumed to have been shown or given as an indication; the capacity to be delivered may differ from the sample, model or example, unless it was explicitly stated that delivery would be in accordance with the shown or supplied sample, model or example.
Article 9. Termination of the agreement
1. An agreement between PrintTec and a buyer can be immediately dissolved in the following cases;
If after the conclusion of the agreement come to PrintTec circumstances that give PrintTec good reason to fear that the buyer will not fulfill its obligations. If PrintTec the purchaser at the conclusion of the agreement asked to provide security for the fulfillment and security fails or is insufficient despite a demand. In the aforementioned cases PrintTec is authorized the further implementation of the agreement to suspend, or to dissolve the agreement, without prejudice to the right to claim damages from PrintTec.
2. If circumstances arise with regard to persons and materials in PrintTec engages for the execution of the contract or are usually employed, which are such that the performance of the contract impossible or problematic and proportionately expensive that compliance with the agreement can not reasonably be expected, PrintTec is entitled to terminate the agreement.
Article 10. Guarantee
1. PrintTec warrants that the goods supplied by it are free of design, materials and workmanship during the warranty period as specified in tender of the relevant goods.
2. If the product shows a design, material or manufacturing defect, the buyer is entitled to restoration of the case. PrintTec may choose to replace the goods if repair meets with objections. The purchaser is only entitled to replacement if repair of the item is not possible.
3. The guarantee does not apply if damage is caused by improper handling or non-observance of instructions.
4. If the warranty a product which has been produced by a third party guarantee is limited to the warranty provided by the manufacturer concerned for that product.
Article 11. Retention of title
1. All PrintTec delivered remain the property of PrintTec until the buyer has fulfilled all of his obligations from all purchase agreement with PrintTec.
2. PrintTec delivered, which fall under paragraph 1 under the title, may only be sold in the course of a normal business activities and must never be used as payment.
3. The buyer is not entitled to pledge under the title falling or encumber in any other way.
4. Buyer gives unconditional and irrevocable consent to PrintTec or to a third party designated by it, in all cases where PrintTec its property to exercise, all those sites and locations where the properties of PrintTec will then located and there to bring matters.
5. If third parties seize the goods delivered under retention of title or rights to establish or exercise, the buyer is obliged PrintTec as soon as reasonably may be expected to inform.
6. The buyer is obliged to insure the goods delivered under retention of title and keep insured against fire and water damage and theft and the policy of this insurance on first request to give on.