Terms and Conditions
Dokmar Maritime Publishers BV
4380 KB Vlissingen
hereinafter referred to as user
Article 1 Definitions
1. In these general conditions the following terms have the following meanings, unless explicitly stated otherwise.
User: the user of the general conditions;
Consumer: an opposite party being a natural person not acting in the course of a business or profession;
Agreement: the agreement between user and the consumer;
Consumer purchase: the agreement of purchase and sale concerning a movable thing concluded by a seller acting in the exercise of a profession or business and a consumer being a natural person not acting in the exercise of a profession or business.
Article 2 General
1. These conditions apply to any tender offer and agreement between user and a consumer, to which user has declared these conditions applicable, insofar as these conditions are not parties expressly and in writing.
2. These performance conditions also apply to agreements with user, which may require the involvement of third parties.
3. Any deviations from these general conditions are only valid if they have expressly agreed in writing.
Article 3 Offers and Tenders
1. All offers are free and take place in written form, unless user forgoes practical, urgent or other reasons a written offer. The offer provides for a date or date, or is determined by date.
2. User shall only be bound by offers and tenders if the acceptance by the consumer, preferably in writing, within 30 days. The prices given in an offer shall include VAT, unless otherwise indicated.
3. User can not be held to its offers and tenders if the consumer, in terms of reasonableness and fairness and in society prevailing views, ought to understand that the quotation or offer or any part thereof, contains an obvious mistake or error.
4. If the acceptance (on secondary items) from the offer included in the quotation user is not bound by it. The agreement is not with deviating acceptance, unless user indicates otherwise.
5. A compound quotation shall not oblige user to deliver part of the goods included in the offer or tender against a corresponding part of the price.
6. Offers and tenders shall not apply automatically to repeat orders.
Article 4 Conclusion of the Agreement
1. The agreement is concluded through the timely acceptance by the consumer of user’s offer.
Article 5 Delivery
1. Unless otherwise agreed, delivery ex works / store / warehouse of user.
2. The consumer is obliged to take the purchased goods at the moment at which they are available or delivered to him in hand.
3. If the consumer refuses or fails to provide information or instructions necessary for the delivery will be stored the goods destined for delivery at the risk of the consumer after the user has notified him. The consumer shall owe all additional costs in that case.
4. If the consumer and user delivery match, effected delivery of purchases free of charge, unless user at the conclusion of the contract to the consumer has informed the established conditions. User reserves the right to supply to separately invoice the cost of delivery.
5. If it is agreed that delivery phases will be carried out, user can implement those parts belonging to a following stage until the consumer the results of the preceding phase in writing.
6. If user requires information from the consumer in the context of implementation of the agreement, the delivery shall commence after the consumer has made these available to user.
7. If user has given a term of delivery, this is indicative. A specified delivery time is never a deadline. Delivery times will never exceed more than one week the specified delivery time, except in cases of force majeure. When a term is exceeded, the consumer user shall default in writing.
Article 6 Guarantee
1. User guarantees that the delivered goods meet the usual requirements and standards that can be made and are free from any defects.
2. The guarantee mentioned under 1 shall equally apply if the goods to be delivered are destined for use abroad and consumers of such use at the time of entering into the agreement explicitly informed made to user.
3. User shall give the consumer a written guarantee. Failing this, the purchase is evidence regarding the warranty.
4. If the delivered goods do not meet these guarantees, user shall, within a reasonable time after receipt or, if return is not reasonably possible, following notification of the defect by the consumer, at his discretion replace or arrange for repair. In case of replacement, now for the consumer undertakes to return the replaced good to user and transfer ownership of it to user.
5. This guarantee does not apply if the defect is caused by improper or inappropriate use or when, without written permission from the user, the consumer or third parties have made changes or tried to make the case or have used for purposes for which the case is not intended.
6. If the delivered item does not correspond to what was agreed and this non-conformity is a defect within the meaning of the regulation of the product, the user is not liable for consequential damages arising therefrom.
7. in these terms and conditions concerning warranty, without prejudice to the guarantees of the consumer under the law, all in compliance with these general conditions and in the agreement, including the nature and quality of what is on the consumer is sold and delivered.
Article 7 Samples and Models
1. If user has shown a sample or model or provided to the consumer, allows user guarantees that the good shall correspond with it, unless the provision of the show was given by way of indication.
Article 8 Retention of title
1. User shall remain the full owner of the delivered good until the purchase price has been paid in full.
Article 9 Inspection & Complaints
1. The consumer is obliged delivered at the time of (ex) delivery, but in any case (do) within the shortest possible time. In addition, the consumer must examine whether the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that are common in normal (business) transactions.
2. Possible visible shortcomings within three days after delivery to be reported to the user with simultaneous submission of the certificate of guarantee and the defect good, unless this is impossible or unreasonably onerous.
3. A non-visible defect must notify the consumer within eight days after discovery, but within the guarantee period in compliance with the last paragraph of this article. After the warranty period, the user is entitled to charge all costs for repair or replacement, including administration, shipping and call-out charges.
4. If, under the previous paragraph shall be timely filed a complaint, the consumer is obliged to accept and pay for the goods purchased. If the consumer wishes to return defect goods, he shall do so with the prior written consent of the user and in the manner specified by user.
Article 10 Transfer of Risk
1. The risk of loss or damage to the products being the subject of the agreement shall pass to the consumer at the moment they are delivered legally and / or factually to the consumer and thus in the power of the consumer or by an consumers are placed on third party designated.
Article 11 Price Increase
1. If user and the consumer at the conclusion of the contract a certain price, user shall nevertheless be entitled to increase the price, even if the price were not given subject.
2. If a price increase occurs within three months after signing the contract, the consumer may terminate the contract by a written statement regardless the percentage of the increase unless
– The price increase resulting from a power or a user’s obligation under the law or
– If stipulated that the episode is longer than three months after the purchase.
Article 12 Payment
1. Unless otherwise agreed, payment must be made net cash upon delivery.
2. If payment is not made in cash it must be made within 14 days after the invoice date in a manner to and in the currency of the invoice by the user.
3. Objections to the amount of the invoices suspend the payment obligation.
4. After the expiry of 14 days after the invoice date, the consumer is legally in default; consumers from the entry date of default on the amount due an interest of 1% per month, unless the statutory interest is higher, the legal interest in any case.
5. In case of bankruptcy, moratorium or receivership, the claims of users and the obligations of the consumer towards user immediately due and payable.
6. User shall be entitled to have the payments made by the consumer in the first place to reduce the costs, then against the interest due and finally to reduce the principal and accrued interest.
User can, without being in default, to refuse an offer of payment if the consumer designates a different sequence of attribution.
User can refuse full payment of the principal, if not also the cases and accrued interest and the costs.
Article 13 Suspension and termination
1. User is authorized to suspend or terminate the agreement on the fulfillment of the obligations, if:
– The consumer is not or not fully comply with the obligations under the agreement.
– After the conclusion of the agreement, user learns of circumstances giving good ground to fear that the consumer will not fulfill his obligations. In case there is good reason to fear that the consumer will only partially or improperly, suspension shall only be allowed in so far the shortcoming justifies such action.
– The consumer in concluding the agreement was requested to provide security for the fulfillment of his obligations under the agreement and this security fails or is insufficient.
2. Furthermore, the user is authorized to (do) dissolve the agreement if circumstances arise of such nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can no longer be expected or if other circumstances arise of such nature that the unaltered maintenance of the agreement can not reasonably be expected.
3. If the agreement is dissolved, the user’s claims due immediately on consumers. If user suspends fulfillment of the obligations, he retains his rights under the law and agreement.
4. User shall always retain the right to claim damages.
Article 14 Collection Charges
1. Is the consumer in default or fails to fulfill any of its obligations, then all reasonable costs incurred in obtaining payment out of court on behalf of the consumer. If the consumer defaults in the timely payment of a sum of money, he forfeits an immediately payable fine of 15% of the amount due. With a minimum of € 50.00.
2. also qualify for reimbursement, which were reasonably necessary If user demonstrates that he has incurred higher expenses.
3. Any reasonable judicial and execution costs will eveneen borne by the consumer.
4. The consumer shall owe interest over the collection charges.
Article 15 Safeguarding
1. The consumer shall safeguard user against claims by third parties concerning intellectual property rights in materials or information supplied by the consumer, which are used in the execution of the agreement.
2. If the consumer provides user with information carriers, electronic files or software etc., guarantee that said information carriers, electronic files or software are free of viruses and defects.
Article 16 Intellectual Property and Copyrights
1. Subject to other provisions in these terms and conditions, user shall reserve the rights and authorities to which user is entitled under the Copyright Act.
2. The consumer is not allowed to make changes in the business, unless the nature of the provided otherwise or otherwise agreed in writing.
3. Within the framework of the agreement any design brought about by the user, sketches, drawings, films, software and other materials or (electronic) files remain the property of user, whether to consumers or to third parties made, unless otherwise agreed.
4. All necessary documents, such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended to be used by consumers and may not be reproduced without prior consent of the user, made public or disclosed to third parties, unless otherwise arises from the nature of the documents.
5. User shall reserve the right to use any of the execution of the work increased knowledge for other purposes, provided that no confidential information is disclosed to third parties.
Article 17 Liability
1. If delivered by user are defective, user’s liability to the consumer is limited to the stipulations in these conditions under “Guarantee”.
2. When the producer of a defective good is liable for consequential damages, the liability of the user shall be limited to repair or replace the item or refund the purchase price.
3. Notwithstanding the above, user shall not be liable if the damage is due to intentional and / or gross negligence and / or imputable actions, or to injudicious or improper use by the consumer.
4. The limitations of liability for direct damage contained in these conditions do not apply if the damage is due to intent or gross negligence of user or his subordinates.
Article 18 Force Majeure
1. Parties are not obliged to fulfill any obligation if they are hindered due to a circumstance that is not due to debt, and neither under the law, a legal act or of their accepted practice in traffic.
2. Force majeure is defined in these terms and conditions in addition to that which is in the law and jurisprudence, all external causes, foreseen or unforeseen, which user can not influence but which prevents user is unable fulfill the obligations to come. Strikes in the company of the user are included.
3. User shall also be entitled to invoke force majeure if the circumstance which prevents (further) fulfillment occurs after user should have fulfilled his obligation.
4. The parties may suspend the contract obligations continuing for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without any obligation to pay damages to the other party.
5. Insofar user at the time the force majeure has partially his obligations under the agreement is fulfilled or will fulfill, and to fulfill or to meet part independent value, the user is entitled to the already performed or to be performed part of a separate bill. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 19 Disputes
1. The Court in user’s place of taking exclusive jurisdiction over disputes, unless the District Court is competent. Nevertheless user has the right to submit the dispute to the competent court according to law.
2. Parties will first appeal to the courts after they settle have done their utmost dispute in mutual consultations.
Article 20 Applicable law
1. Any agreement between user and the consumer Dutch law. The Vienna Sales Convention is expressly excluded.
2. In case of explanation of the content and scope of these general conditions, the Dutch text thereof prevails.
Article 21 Amendment, interpretation and location of the conditions
1. These terms and conditions have been filed at the Chamber of Commerce in Alkmaar.
2. In case of explanation of the content and scope of these general conditions, the Dutch text thereof prevails.
3. Applicable is the last registered version c.q. the version valid at the time of conclusion of the agreement.