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Article 1: Applicability.
- These Terms and Condition are applicable on all quotes, special offers, and agreements, in which Concreet Concept BV (hereinafter referred to as Concreet Concepts), or by whatever corporate or brand name it may be known, provides advice or sells goods.
- Concreet Concepts explicitly notes the applicability of the procurement conditions, which of these differ from the Terms and Conditions. In case the customer, with his acceptance refers to his/hers own Terms and Conditions and these Terms and Conditions consequently should be applicable, then Concreet Concepts is not bound.
- In case any clause of the Terms and Conditions is null and void, annulled, or declared ineffective the other clauses remain applicable nevertheless. Futhermore, an ineffective clause ought to be converted into a clause with, to the greatest extent possible, the same implications.
Article 2: Quotes
2.1 Quotes from Concreet Concepts are non-committal,.
2.2 Unless otherwise specified, the quote is valid for 30 days.
2.3 Concreet Concepts has the right to withdraw the quote for up to 8 days after the customers acceptance. Then, both parties are unbound.
Article 3: Conclusion
3.1 The agreement will become irrevocable at the date of sending the order confirmation by Concreet Concepts.
Article 4: Prices
4.1 The prices specified in the order confirmation are decisive.
4.2 Unless otherwise specified, all prices are excluding VAT, and other applicable taxes and duties.
4.3 Unless otherwise agreed, all prices are excluding the cost of storage and transport from the place of production.
Article 5: Implementation
5.1 Concreet Concepts reserves the right to mark the goods to be delivered with its name, brand and/or coding.
5.2 Unless specifically otherwise specified, Concreet Concepts is allowed to deliver, with no more than 10%, more or less units than agreed upon. The price will be adjusted accordingly.
5.3 In case of a sample or test sale, all delivered goods are considered to comply as agreed upon in the event of, to normal production inherent, anomalies, variations, or differences in versions, regardless whether these occur within, or amongst different deliveries. The same shall apply to color differences and nuances.
5.4 Without prejudice to the in point 3 specified, the goods at least comply with the agreement, in case the appearance, such as dimensions, imprinting, colors and the like comply with the, by the customer, approved samples.
Article 6. Packaging.
6.1 For each different type of product a, by Concreet Concepts determent, piece of packaging is included, without the subject the right to charge a container-deposit.
6.2 Packaging remains property of Concreet Concept, and is to be returned as soon as possible.
6.3 Article 6.2 does not apply on obvious one-off packaging, for example shrink wrap. Concreet Concept shall not be obliged to take back that kind of material.
Article 7. Force Majeure
7.1 In the event the execution of the agreement by Concreet Concepts, whole or in part, permanent or temporary, will be prevented, as described in paragraph 3, Concreet Concept reserves the right to either:
- Denounce the agreement by written notification to the customer, for the part that is impracticable.
- By written notification to the customer, to postpone the execution of that part of the obligations that are impracticable, for the duration of the prevention.
7.2 Event after the postponement, Concreet Concepts shall reserve the right, on the basis of this force majeure, to denounce the agreement, whole or in part.
7.3 Force majeure shall be understood to include: war, state of siege, riots, terrorism, sabotage, natural disasters, government measures, fire, lockouts, strikes, shortages of raw or auxiliary materials, shortage of workers, failures in the power and/or water supply, traffic congestion, breakage of machines and/or tools. as well as non-fulfilment of obligations vis-à-vis Concreet Concepts by third parties, irrespective of the cause, without Concreet Concepts having to demonstrate the impact thereof on its business.
Article 8. Delivery
8.1 In the event no date of delivery was agreed upon, the customer is obligated to take the goods within one month after the sending of the written notification, of the completion of production of the goods.
8.2 Concreet Concepts reserves the right to deliver the goods in several separate consignments. The customer than owes the proportionate part of the purchase price. Unless otherwise agreed upon in writing, the customer is obliged to take the goods no later than six months after the date of entry into force of the agreement.
8.3 Unless specifically otherwise agreed upon in writing, the goods will be delivered from, a by Concreet Concepts appointed location of Concreet Concepts.
8.4 Concreet Concepts reserves the right to deliver the goods at a different location than provided in article 8.3 against payment of the, possibly, higher shipping costs for the customer. Except in cases of force majeure.
8.5 Sold goods are always, from the location of Concreet Concepts, for the account and at the risk of the customer. The customer will, in this respect, be considered the freighter. Except in the case of contrary provisions arising from agreements between the seller and third parties.
8.6 Concreet Concepts shall not be liable for damage of any kind suffered in case the term of delivery is exceeded.
Article 9. Retention of title.
9.1 Concreet Concept will retain ownership of all delivered goods, until the customer has fulfilled the obligations of the agreement with Concreet Concepts, within the meaning of article 92 of Book 3 of the Civil Code.
Article 10. Payment
10.1 Place of payment are the offices of Concreet Concept. The customer is authorized to make the payment by the transfer of funds to the account indicated by Concreet Concepts.
10.2 Unless otherwise agreed upon, invoices are to be paid, by the customer, within 30 days after the invoice date.
10.3 The Customer is never authorized to set-off or make deductions.
10.4 Concreet Concepts is at all time authorized, even if derogating from the agreement, to demand either payment or certainty regarding payment, before executing the agreement.
Article 11. Faulty delivery/product liability
11.1 In the event of imputable failures by Concreet Concepts the customer’s right to compensation shall be extinguished:
- In case Concreet Concepts is not informed in writing of the failures, within 3 months after delivery and one month after processing.
- In case the customer, taking into account reasonable foreseeable caution on his part, could have been able to prevent damages.
11.2 The total compensation payable shall never exceed the invoice value of the goods whose inefficiency has been proven.
Article 12 . Commercials
12.1 The customer should inform Concreet Concepts, in writing and properly specified, of possible concerns regarding non-compliance of the delivered goods with the agreement, within one month after delivery. In case this term is exceeded, Concreet Concepts is no longer liable. The customer should on request and without delay provide, the by Concreet Concept required information, which could reasonably deemed important for determining liability and the (extend of the) damages, all that under penalty of loss of rights of all entitlements to compensation.
12.2 All right to compensation expire one year after the delivery of the respective goods, in the event Concreet Concepts is not subpoenaed by the competent court.
Article 13. Infringement by the customer
13.1 The customer is in default without the need to be served a formal notice of default, in the event he, according to the provisions of article 10, does not pay in time.
13.2 Upon occurrence of an event of default , the entire purchase price shall become immediately due and payable, even with regard to not yet delivered goods. In the event of default, the customer has to pay to total amount of legal interest in respect of trade receivables and also the customer has to pay all (extra)judicial costs. These (extra)judicial costs will be no less than 15% of the invoice value.
13.3 In case the customer is in default, Concreet Concept is authorized to postpone its fulfillment of the obligations, until the full price has been paid, or has been giving certainty regarding payment.
13.4 In addition, Concreet Concepts is authorized to terminate the agreement, without having to resort to court, by means of a written statement send to the customer. Even if Concreet Concepts had initially postponed its fulfillment of the obligations. This shall be without prejudice to the right of full compensation of all damages by Concreet Concepts.
Article 14. Advices
14.1 Concreet Concept will give advices to the best of its knowledge. Any and all further liability for its content, correctness and/or completeness is excluded.
Article 15. Intellectual and industrial property rights.
15.1 Concreet Concepts shall continue to own the rights to the images and models and/or brandings, and other markings designed and/or produced by or at instruction of Concreet Concepts. The customer is obligated to respect these rights and to inform Concreet Concept as soon as possible, in case of a breach.
15.2 The customer will indemnify Concreet Concepts for any claims of third parties, for (alleged) breaches of copyrights, patent law and/or trademark or any other rights regarding intellectual and/or industrial property rights.
- Production tools
16.1 The manufactured parts, required for the production of the to the customer delivered goods such as molds, stamps, moulds, foils, plates and suchlike, remain property of Concreet Concepts. Even if they are charged, in whole or in part, to customer.
Article 17. Applicable law, Competent court
17.1 Dutch law is applicable to all agreements and their formation.
17.2 Disputes will exclusively be settled by the, for Harderwijk (NL), competent court in the Courthouse of Zutphen (NL)