GENERAL CONDITIONS OF POSTZEGELHANDEL SEGHWAERT
deposited at the chamber of commerce at Zoetermeer dd January 2001
1. Definitions and relevance
1.1 Each purchase contract is contracted with Postzegelhandel Seghwaert VOF, where Biegel-Collect determine a component of.
1.2 In these general conditions it is understood under:
a. Purchaser: Every third with which Postzegelhandel Seghwaert contract an agreement, or to which Postzegelhandel Seghwaert an offer do.
b. Agreement: Every agreement which comes about between Postzegelhandel Seghwaert and purchaser, each modification of it or supplement then, as well as all (Right) operations for preparation and in implementation of that agreement.
1.3 The general conditions determine part of all agreements and apply on all (remaining) operations and acts of law of Postzegelhandel Seghwaert and purchaser to the point.
1.4 Deviations and/or supplements on only provision in the agreement and/or general conditions apply only if they are agreed in writing and are related exclusively to the concerning agreement.
2. The production of agreements
2.1 All tenders and offers of Postzegelhandel Seghwaert, included catalogues, brochures, CD and other promotion material are without engagement, unless these contain a period for acceptance.
2.2 If a tender contains a without engagement offer and this is accepted, has Postzegelhandel Seghwaert the right the offer two revoke working days after reception of the acceptance.
2.3 All tasks by Postzegelhandel Seghwaert have been done with care. Postzegelhandel Seghwaert cannot answer however
3. To price
3.1 Prices used by Postzegelhandel the Seghwaert have been based on at the time of concluding the production of the agreement the applying kostenfaktoren, such as exports and import duties, transport charges, insurance costs, levies and taxes and the rate of foreign currency.
3.2 If after the date of production of the agreement, one or more cost factors a modification undergoes, Postzegelhandel Seghwaert have been entitled the agreed modify price.
3.3 If the purchaser is a natural person, who does not act in the exercise of its profession or company, these have been entitled, in case talk of an increase of the price on the basis of the previous member stipulated, annul the agreement within a period of 5 working days, after he has knowledge of the increase in the price has been taken.
4. (Finished) supply, supply times and risk
4.1 The agreed delivery periods are no fatal period, unless explicitly differently corresponded.
4.2 The unless otherwise corresponded, Postzegelhandel Seghwaert on costs and for risk of purchaser matters by mail to purchaser to provide.
4.3 At the moment of sending risk proceeds to the point the delivered matter on purchaser.
4.4 Postzegelhandel Seghwaert have been always entitled providing before or continue sufficient certainty for complying with the payment obligations of purchaser to progress.
4.5 If purchaser to Postzegelhandel Seghwaert has payment obligations still some, in particular if invoices to the point supplies of Postzegelhandel Seghwaert to purchaser are open partially still whole or, Postzegelhandel Seghwaert have been entitled the liver obligations suspend until purchaser has meeied already its obligations.
5. Acceptance and publicity
5.1 The testing and control of the provided matter must perform purchaser terstond after reception.
5.2 Subject to if purchaser a natural person is, not acting in the quality of its profession or company, purchaser does not have the right in case of a publicity its suspend payment.
5.3 If publicity is unfounded, Postzegelhandel Seghwaert too his choice, either fair damages pay or of highly the invoice value of the complained part of the provided matter, the matter replaces after consignment by purchaser of the initially provided matter.
6. Payments
6.1 Purchaser must satisfy the price within 14 days after establishment date afterwards expires the order automatically.
6.2 At overshooting of the term of payment purchaser is without only ingebrekestelling has been required, as from the decline day of the invoice an interest chargeable right to the legal interest multiplied with two points.
6.3 At overshooting of the term of payment purchaser is tevens chargeable all (outside) judicial collection costs, where the extrajudicial costs will be calculated by means of the incassotarief of the Dutch order of lawyers.
7. Property reservation
7.1 All Postzegelhandel Seghwaert provided products remain complete and free property of Postzegelhandel Seghwaert, as long as not all opeisbare progress of Postzegelhandel Seghwaert on purchaser has been entirely paid.
8. Liability and protection
8.1 Postzegelhandel Seghwaert are never responsible for only damage of purchaser or third parties, among which understood consequence damage, immateriele damage.
8.2 The liability exclusion in paragraph 1 remains outside application, if damage has been caused by set-up or grove debt of Postzegelhandel Seghwaert or is executive staff.
8.3 Subject to in case of set-up or grove debt of Postzegelhandel Seghwaert or executive staff, purchaser Postzegelhandel Seghwaert is will protect for all revendications of third parties, from which account thus, to the point matter provided of compensation of damage, costs or interests, link concerning with by Postzegelhandel the Seghwaert to purchaser.
9. Staff absence and dissolution
9.1 If purchaser does not meet not, considerable or not swiftly only obligation which could result for him from only agreement or these conditions, is purchaser without ingebrekestelling in staff absence and Postzegelhandel Seghwaert has been entitled suspend implementation of the agreement and/or that agreement and directly with that coherent agreements entirely or partially further belonging to rights to dissolve without Postzegelhandel Seghwaert to only damages have been kept and notwithstanding the Postzegelhandel Seghwaert.
9.2 In case of (provisional) suspension of payment or bankruptcy of purchaser, stillegging or liquidation of the company of purchaser, or - if purchaser natural person is - under trusteeship proposition of purchaser, all agreements with purchaser by right have been dissolved, unless Postzegelhandel communicate purchaser to Seghwaert within no reasonable period compliance of (part) of the concerning agreement (and) until to suspend, payment has been put sufficiently certain, notwithstanding the Postzegelhandel Seghwaert further belonging to rights.
9.3 In each in the paragraphs 1 and 2 called fallen its all progresses Postzegelhandel the Seghwaert on purchaser immediately opeisbaar, purchaser has been loved to immediate refund unpaid matter remained and has Postzegelhandel Seghwaert the right the areas and enter bldg. of purchaser, in order that matter in has to take.
9.4 an agreement can be annulled Postzegelhandel Seghwaert without purchaser can be claimed only compensation if the products to provide are no longer or no longer within a period acceptable for purchaser by means of the regular subcontractors of Postzegelhandel Seghwaert available.
10. Right choices and competent judge
10.1 On the agreement and these conditions right applies Dutch. The relevance of the Viennese buy Treaty 1980 has been explicitly excluded.
10.2 All disputes which arise as a result of the agreement or these conditions, as far as differently by the law is not subject binding prescribed, to the judgement of the competent judge at digs.
Zoetermeer, January 2001