General terms and conditions
General terms and conditions Muurmeesters
Article 1. Definitions
In these general terms and conditions the following definitions will be upheld:
- Client: the party which has given the supplier the order to manufacture the product.
- Supplier: the party which has accepted the order given by a client.
Article 2. Applicability
2.1 These general terms and conditions are applicable to the realization, the content and the fulfilment of all agreements made between the client and the supplier.
2.2 General terms and conditions of the client are only applicable when it is agreed upon between the client and the supplier, explicitly and in writing, that these general terms and conditions will prevail over the general terms and conditions of the supplier.
Article 3. Offer
3.1. Every offer contains such information, that it is clear for the client what his rights and duties are, due to his acceptance of the offer.
3.2. An offer, quotation, estimation, pre-calculation or any similar proclamation does not oblige the supplier to close the agreement with the client.
3.3. Offers of the supplier are without obligation and can only be agreed upon without deviations.
3.4. Any obvious mistakes in the offer do not bind the supplier to the offer.
Article 4. Price
4.1. The price which the supplier has stated for the performance to be delivered by him will only apply to the performance in accordance with the agreed upon specifications.
4.2. All prices are ex factory, excluding VAT and any import costs
4.3. With combined offers, there is no obligation to deliver a part of the total performance for the partial price of the in the offer mentioned price, or for an equivalent part in the total mentioned price.
Article 5. Realization and content of the agreement
5.1. The agreement will be realized at the moment the client accepts the offer and complies with its conditions.
5.2. An offer can only be provided in the form of a digital delivery-form on the website of the supplier. The client will bear the risks of misunderstandings regarding the content and execution of the agreement if they are caused by the fact specifications or other announcements which have been transferred via the website of the supplier are wrong, incomplete or not send in time.
5.3. The order will be taken into production after the supplier has received payment of the amount agreed upon.
5.4. After the order has been taken into production, cancellation of the order is no longer possible.
Article 6. Time and place of delivery
6.1. A by the supplier given delivery-time is only an indication. The supplier is only in default after the client has given him notice of default.
6.2. Unless otherwise agreed upon, the delivery will take place at the address provided by the client.
6.3 The supplier is held accountable to do what is reasonably necessary in order to enable a timely delivery on the address provided by the client.
6.4. The risk of damage to and/or loss of the deliverable product lies by the client up until the moment of delivery to the client or his representative.
Article 7. Investigation when delivered
7.1. The client is responsible for inspecting the delivered product, with proficient haste after the product has been delivered and for notifying the supplier instantly if it appears the supplier has not realized the agreement in a decent fashion.
7.2. The client ought to inspect the product and notify the supplier, as mentioned in article 7.1, within 5 days after delivery.
7.3. The supplier is entitled to deliver a new product instead of the previous delivered product, unless the default is not mend able.
7.4. The realization of the agreement is valid if the client is in default by not inspecting or notifying the supplier in a timely manner, as mentioned in article 7.1. and 7.2.
7.5. The performance of the supplier is proper if the client has employed, revised or edited either the total product or a part of the total product or if the client supplied it to a third party, unless the client has acted in consideration of article 7.1 an 7.2.
Article 8. Deviations
8.1. It is known to the client that the delivered product is a representation of the original painting, drawing or model. Deviations between the delivered product and the original painting, drawing or model can not be a reason for rejection, discount, dissolution of the agreement or compensation, if they are of minor significance.
8.2 Deviations that, all circumstances taken into account, in reality have no or minor influence on the user value of the delivered product, will still be regarded as minor deviations.
Article 9.: Waranty
9.1. The supplier is not accountable for effect of moist, extreme UV-radiation or other extreme environmental factors on the delivered product.
9.2. If the delivered product shows a design-, material or manufacturing flaw, the client has a right to either reparation or replacement. The client only has a right on replacement if the repair of the delivered product is impossible. The to be replaced and/or repaired product(s) must be sent back to the supplier.
9.3. If the damages find their origin in the faulty use of the delivered product, no warranty is applicable.
9.4. The proof of purchase doubles as warranty certificate.
9.5. The supplier has, when either repair or replacement is impossible, the right to dissolve the agreement and pay the client back in the fullest.
Article 10. force majeure
The supplier is not liable for shortcomings in fulfilling his part of the agreement if the shortcomings cannot be blamed upon him.
Article 11. Liability
11.1. The liability of the supplier is limited to and will never exceed the amount paid by the client in relation to the execution of the agreement.
11.2. The supplier is not responsible for damages of any kind as a result of the fact that the client has employed, revised or edited the product or supplied it to a third party.
Article 12. Use of personal information
12.1. The supplier guarantees that all information received by the client in relation to the execution of the agreement will be considered and treated as confidential.
12.2. The supplier is not authorized to use the information provided by the client for any other purpose other than the purpose for which it was given.
Article 13.: Appropriate law
The agreement between the supplier and client will be moderated by the Dutch law.