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Γενικοί Όροι και Συνθήκες
1. General
Under VIDMIC in these terms mean VIDMIC Europe Tactical Equipment, which is a trade name of FM Deal in The Hague.
2. General / Application
2.1 Application of these conditions differing laws and regulations, in particular by the party's general conditions is explicitly rejected.
2.2. These general conditions apply to all legal relations with Europe VIDMIC Tactical Equipment as a (potential) seller and / or supplier of goods and / or services.
2.3 These conditions can only be done in writing.
3. Offers / Establishment Agreement
3.1 All offers are subject VIDMIC Europe Tactical Equipment. If the other party places an order the first agreement concluded when VIDMIC Tactical Equipment Europe accepting it in writing Be it a start its execution.
3.2 shown or provided samples or models apply only to describe, without the matter due to correspond.
4. Supplement Agreement
VIDMIC Europe Tactical Equipment will at the request of the other party all such changes to the order indicated, provided that those reasonably practicable and the right to charge extra.
5. Prices
5.1 All prices, unless otherwise stated and exclude carriage and inclusive 19% VAT.
5.2 The tenders and contracts prices are not binding and subject to review if it appears that the calculation of an error is made.
5.3 Changes to duties, such as production labor costs, cost of raw materials and exchange rate fluctuations, which relate to the agreed performance, giving Europe VIDMIC Tactical Equipment to pass this law without any further premium. Passing the other party is not entitled to terminate the agreement and dismisses the other party of its obligations.
6. Delivery / Delivery
With 6.1 VIDMIC Europe Tactical Equipment agreed delivery times are indicative and not a deadline.
6.2 Delivery shall, unless otherwise stated, free house (through delivery). For all shipments VIDMIC Tactical Equipment Europe entitled the cost of packing, shipping and handling to charge a minimum of € 20.00.
6.3 VIDMIC Europe Tactical Equipment is authorized by its performance (s) in stages to come.
6.4 Delivery is made by the other party to an address in the Netherlands or elsewhere in Europe.
7. Installations
If Europe VIDMIC Tactical Equipment Cases installs all additional work and expense of the other party. These terms and conditions unless otherwise noted, this work applies.
8. Payment
8.1 Invoices from Europe VIDMIC Tactical Equipment shall, unless otherwise stated in writing, by 100% deposit to be paid into the bank account of VIDMIC The Hague, unless otherwise agreed in writing. Payment must be made effectively in the agreed currency and without setoff, deduction and / or suspension.
8.2 In the event of late payment, all payment obligations of the other party, whether VIDMIC Tactical Equipment in Europe has already invoiced, payable on demand.
8.3 In the event of late payment the other party an annual interest of the promissory note of the Dutch Central Bank discount rate plus 3% with a minimum of the legal interest per year. Moreover, each invoice shall be increased by a fixed compensation of 10% with a minimum of
€ 85.00.
8.4 Extrajudicial collection costs are charged to the other party in accordance with the collection rate of the Dutch Bar Association.
8.5 Payments by or on behalf of the other party shall turn to meet the owed by extrajudicial collection costs, court costs, and interest due from it in order of age, the outstanding principal amounts, regardless of contrary evidence from the other party.
8.6 The other party can object to the invoice within the payment period as agreed in writing.
9. Retention
9.1 Tactical Equipment VIDMIC Europe retains ownership of its delivered or to be delivered, for its full compliance will be:
A. the performance by the other party under any contract or to be supplied and delivered under such contract made or to be performed.
B. Claims for failure of the other party in the performance of such agreement (s).
The other party is not permitted to rely on a lien in respect of the retention costs and expenses to deduct the performance owed by him.
9.2 If the other party or fellow from out in paragraph 1 shall constitute a new object, this is an issue that Europe VIDMIC Tactical Equipment for itself and keep the other party are these VIDMIC Tactical Equipment Europe as owner, until all obligations in paragraph 1 above are met.
9.3 If any matter under paragraph 1 or 2 in Europe VIDMIC Tactical Equipment due, the other party may do so only in the context of its normal business.
9.4 If the other party is in default in respect of benefits under paragraph 1 above, is entitled VIDMIC Europe Tactical Equipment cases, owned by it, even at the expense of the other party back to (do) from the place where they located. The Counterparty VIDMIC Tactical Equipment Europe now for irrevocable authorization to do so by or for the other premises being used to (do) enter.
9.5 The other party hereby grants to VIDMIC Europe Tactical Equipment in property, which accepts this pledge, all matters to which the other party (co-) owner as a result, accession, confusion with the VIDMIC Europe Tactical Equipment delivered and / or deliver security for all that matters to Europe VIDMIC Tactical Equipment at any time to claim the other party has or will have.
10. Warranty / Repairs
10.1 VIDMIC Europe Tactical Equipment will, unless otherwise indicated, for 1 year from the date of delivery in case of defects in workmanship or material from any component of the VIDMIC Europe Tactical Equipment to be delivered, at the option of VIDMIC Europe Tactical Equipment that component repair or replace with a new.
VIDMIC Europe Tactical Equipment is only obliged to repair or replacement in the Netherlands. Other party will end the matter and delivered in original or equivalent packaging VIDMIC to Europe or a Tactical Equipment Tactical Equipment VIDMIC Europe to give up rather send. The case will have to be accompanied by a clear description and a copy of the invoice in its original packaging.
10.2 With respect to (parts of) goods produced by another company rests on VIDMIC Europe Tactical Equipment no obligation or liability under warranty when another does not automatically and on demand to its warranty obligations related to the said (e ) case (ingredient) to Europe VIDMIC Tactical Equipment requirements. Whether that state is (only) to assess VIDMIC Europe Tactical Equipment.
10.3 If the other party wishes to warranty work carried out elsewhere on payment of travel and accommodation, transport costs for test equipment etc.
10.4 If the matter is outside the Netherlands is Europe VIDMIC Tactical Equipment only kept the cost of repair or replacement up to the amount that such VIDMIC Europe Tactical Equipment in the Netherlands would have cost to bear.
10.5 The warranty described in paragraph 1 shall not apply if:
• the matter is not properly used;
• party without the approval of Europe VIDMIC Tactical Equipment themselves carry out or work on the case.;
• by VIDMIC Europe Tactical Equipment issued regulations and instructions will be waived;
• If the defect is caused by normal wear and tear or accidents.
10.6 The warranty contained in this article are the sole warranty VIDMIC Europe Tactical Equipment to Counterparty.
10.7 on repairs or replacements provided VIDMIC Tactical Equipment Europe a guarantee of 30 days. If repair or replacement is covered in paragraph 1 above warranty is the warranty after the repair or replacement lasts the longest. Repairs or replacements out of warranty made at fixed rates, obtained from VIDMIC Tactical Equipment and Europe will only be implemented after written order to do so.
11. Security
11.1 If there is good reason that the other party will fulfill its obligations promptly, the other party's first request VIDMIC Europe once sufficient Tactical Equipment and Tactical Equipment Europe VIDMIC the desired shape to provide security and if necessary to complete for fulfilling all its obligations. As long as the other party has failed to provide, is entitled VIDMIC Europe Tactical Equipment fulfill its obligations to suspend.
11.2 If the other party to an application referred to in paragraph 1 within 14 days after a written demand has followed, all its obligations immediately due and payable.
12. Intellectual Property and Know-How
12.1 All documentation, sales literature, illustrations, drawings, etc., whether recorded on paper, by Tactical Equipment VIDMIC Europe to the other party, shall remain the property of Tactical Equipment VIDMIC Europe.
12.2 The party is not entitled to use them other than for the use of the goods to which they relate.
12.3 The party is not entitled to in paragraph 1 documents, or embedded or otherwise become known to him to reveal information to third parties unless VIDMIC Tactical Equipment Europe express written consent thereto.
12.4 In case of violation of paragraph 2 and / or 3 is subject to the counterparty for each offense a fine of € 1000.00, irrespective of all other rights VIDMIC Europe Tactical Equipment on performance, termination, compensation, etc.
12.5 Party will VIDMIC Europe Tactical Equipment harmless against any claims of infringement of intellectual property rights of third parties resulting from such changes in a VIDMIC Europe Tactical Equipment delivered goods, the application of that case other than VIDMIC Europe Tactical Equipment prescribed or integration of the case by non VIDMIC Europe Tactical Equipment delivered.
13. Complaints, duty to investigate, prescription and compliance
13.1 The other party has the obligation upon delivery whether the goods conform to the contract. If this is not the case, then the other party can not appeal if he VIDMIC Europe Tactical Equipment them as quickly as possible and in any event within 14 days after delivery, or after finding reasonably possible, in writing and sufficient data has .
13.2 Claims and defenses based on facts that would justify the assertion that the case was not delivered to the contract shall be barred by lapse of one year after delivery
13.3 Should the delivered product not meet with the agreement, Europe VIDMIC Tactical Equipment at its option, only obliged to deliver the missing, restoration of the delivered good or replace the delivered good.
13.4 The provisions of this Article shall apply mutatis mutandis to the provision of services, including installation.
14. Numbers, sizes, weights and other information
14.1 Minor variations of sizes, weights, numbers, colors and other such information are not considered defects.
14.2 Trade practices determine if there are minor differences.
15. Dissolution / Liberation
15.1 If the other party fails to properly or fails any obligation imposed on him under the contract could arise, or in the event of insolvency, moratorium or receivership of the other party or closing down or liquidation of the enterprise, Tactical Equipment VIDMIC Europe entitled at its discretion without any liability for damages and without prejudice to its other rights, the agreement wholly or partially dissolve, or the (further) execution of the agreement to suspend. Tactical Equipment VIDMIC Europe in those cases also entitled to demand immediate payment of all amounts owed to it.
15.2 If the proper performance by VIDMIC Europe Tactical Equipment as a result of one or more conditions, not on behalf of VIDMIC Europe Tactical Equipment, among which the conditions in the next member, in whole or in part impossible, either temporarily or permanently, Tactical Equipment VIDMIC Europe the right to terminate the agreement.
15.3 Circumstances which in any case on behalf of Europe VIDMIC Tactical Equipment include: conduct, or gross negligence, of persons whom VIDMIC Europe Tactical Equipment performance of the obligation to use, unsuitability of goods which VIDMIC Europe Tactical Equipment performance of the obligation to use, exercise against the third party of one or more rights in respect of a breach by the other party to perform between one party and that third party with respect to the VIDMIC Europe Tactical Equipment delivered agreement, strikes, lockouts, illness, import, export, and / or transit, transport problems, non-fulfillment of obligations by suppliers, disruptions in production, natural and / or nuclear disasters, war or threat of war .
16. Compensation
16.1 VIDMIC Europe Tactical Equipment is only liable for damage caused on purpose or gross negligence is due.
16.2 VIDMIC Europe Tactical Equipment is never liable to compensate for damage other than to persons or property. VIDMIC Europe Tactical Equipment is not required to include compensation for consequential damages.
16.3 VIDMIC Europe Tactical Equipment stipulates all legal and contractual defenses and communicate it to avert its own liability to the other party, also on behalf of its employees for whose conduct they would be liable under the law.
16.4 The provisions of this article do not affect the legal liability of Europe VIDMIC Tactical Equipment virtue of statutory provisions.
17. Governing Law and Jurisdiction
17.1 All legal relations between Europe VIDMIC Tactical Equipment and the other party by Dutch law.
17.2 The applicability of the Vienna Sales Convention is excluded.
17.3 Disputes between VIDMIC Europe Tactical Equipment and the other party falling within the competence of the District Court shall be exclusively adjudicated by the court of the location of VIDMIC Europe Tactical Equipment, unless VIDMIC Europe Tactical Equipment as plaintiff or applicant chooses the jurisdiction of residence or location of the other party.
18. Conversion
If and so far based on reasonableness and fairness or onerous nature, any provision of these terms and conditions no appeal can be made, then that provision in content and scope, as far as possible equal importance, so that this can be called .
19. Dutch text prevails
The Dutch text of these general conditions shall prevail over any translation thereof.
Under VIDMIC in these terms mean VIDMIC Europe Tactical Equipment, which is a trade name of FM Deal in The Hague.
2. General / Application
2.1 Application of these conditions differing laws and regulations, in particular by the party's general conditions is explicitly rejected.
2.2. These general conditions apply to all legal relations with Europe VIDMIC Tactical Equipment as a (potential) seller and / or supplier of goods and / or services.
2.3 These conditions can only be done in writing.
3. Offers / Establishment Agreement
3.1 All offers are subject VIDMIC Europe Tactical Equipment. If the other party places an order the first agreement concluded when VIDMIC Tactical Equipment Europe accepting it in writing Be it a start its execution.
3.2 shown or provided samples or models apply only to describe, without the matter due to correspond.
4. Supplement Agreement
VIDMIC Europe Tactical Equipment will at the request of the other party all such changes to the order indicated, provided that those reasonably practicable and the right to charge extra.
5. Prices
5.1 All prices, unless otherwise stated and exclude carriage and inclusive 19% VAT.
5.2 The tenders and contracts prices are not binding and subject to review if it appears that the calculation of an error is made.
5.3 Changes to duties, such as production labor costs, cost of raw materials and exchange rate fluctuations, which relate to the agreed performance, giving Europe VIDMIC Tactical Equipment to pass this law without any further premium. Passing the other party is not entitled to terminate the agreement and dismisses the other party of its obligations.
6. Delivery / Delivery
With 6.1 VIDMIC Europe Tactical Equipment agreed delivery times are indicative and not a deadline.
6.2 Delivery shall, unless otherwise stated, free house (through delivery). For all shipments VIDMIC Tactical Equipment Europe entitled the cost of packing, shipping and handling to charge a minimum of € 20.00.
6.3 VIDMIC Europe Tactical Equipment is authorized by its performance (s) in stages to come.
6.4 Delivery is made by the other party to an address in the Netherlands or elsewhere in Europe.
7. Installations
If Europe VIDMIC Tactical Equipment Cases installs all additional work and expense of the other party. These terms and conditions unless otherwise noted, this work applies.
8. Payment
8.1 Invoices from Europe VIDMIC Tactical Equipment shall, unless otherwise stated in writing, by 100% deposit to be paid into the bank account of VIDMIC The Hague, unless otherwise agreed in writing. Payment must be made effectively in the agreed currency and without setoff, deduction and / or suspension.
8.2 In the event of late payment, all payment obligations of the other party, whether VIDMIC Tactical Equipment in Europe has already invoiced, payable on demand.
8.3 In the event of late payment the other party an annual interest of the promissory note of the Dutch Central Bank discount rate plus 3% with a minimum of the legal interest per year. Moreover, each invoice shall be increased by a fixed compensation of 10% with a minimum of
€ 85.00.
8.4 Extrajudicial collection costs are charged to the other party in accordance with the collection rate of the Dutch Bar Association.
8.5 Payments by or on behalf of the other party shall turn to meet the owed by extrajudicial collection costs, court costs, and interest due from it in order of age, the outstanding principal amounts, regardless of contrary evidence from the other party.
8.6 The other party can object to the invoice within the payment period as agreed in writing.
9. Retention
9.1 Tactical Equipment VIDMIC Europe retains ownership of its delivered or to be delivered, for its full compliance will be:
A. the performance by the other party under any contract or to be supplied and delivered under such contract made or to be performed.
B. Claims for failure of the other party in the performance of such agreement (s).
The other party is not permitted to rely on a lien in respect of the retention costs and expenses to deduct the performance owed by him.
9.2 If the other party or fellow from out in paragraph 1 shall constitute a new object, this is an issue that Europe VIDMIC Tactical Equipment for itself and keep the other party are these VIDMIC Tactical Equipment Europe as owner, until all obligations in paragraph 1 above are met.
9.3 If any matter under paragraph 1 or 2 in Europe VIDMIC Tactical Equipment due, the other party may do so only in the context of its normal business.
9.4 If the other party is in default in respect of benefits under paragraph 1 above, is entitled VIDMIC Europe Tactical Equipment cases, owned by it, even at the expense of the other party back to (do) from the place where they located. The Counterparty VIDMIC Tactical Equipment Europe now for irrevocable authorization to do so by or for the other premises being used to (do) enter.
9.5 The other party hereby grants to VIDMIC Europe Tactical Equipment in property, which accepts this pledge, all matters to which the other party (co-) owner as a result, accession, confusion with the VIDMIC Europe Tactical Equipment delivered and / or deliver security for all that matters to Europe VIDMIC Tactical Equipment at any time to claim the other party has or will have.
10. Warranty / Repairs
10.1 VIDMIC Europe Tactical Equipment will, unless otherwise indicated, for 1 year from the date of delivery in case of defects in workmanship or material from any component of the VIDMIC Europe Tactical Equipment to be delivered, at the option of VIDMIC Europe Tactical Equipment that component repair or replace with a new.
VIDMIC Europe Tactical Equipment is only obliged to repair or replacement in the Netherlands. Other party will end the matter and delivered in original or equivalent packaging VIDMIC to Europe or a Tactical Equipment Tactical Equipment VIDMIC Europe to give up rather send. The case will have to be accompanied by a clear description and a copy of the invoice in its original packaging.
10.2 With respect to (parts of) goods produced by another company rests on VIDMIC Europe Tactical Equipment no obligation or liability under warranty when another does not automatically and on demand to its warranty obligations related to the said (e ) case (ingredient) to Europe VIDMIC Tactical Equipment requirements. Whether that state is (only) to assess VIDMIC Europe Tactical Equipment.
10.3 If the other party wishes to warranty work carried out elsewhere on payment of travel and accommodation, transport costs for test equipment etc.
10.4 If the matter is outside the Netherlands is Europe VIDMIC Tactical Equipment only kept the cost of repair or replacement up to the amount that such VIDMIC Europe Tactical Equipment in the Netherlands would have cost to bear.
10.5 The warranty described in paragraph 1 shall not apply if:
• the matter is not properly used;
• party without the approval of Europe VIDMIC Tactical Equipment themselves carry out or work on the case.;
• by VIDMIC Europe Tactical Equipment issued regulations and instructions will be waived;
• If the defect is caused by normal wear and tear or accidents.
10.6 The warranty contained in this article are the sole warranty VIDMIC Europe Tactical Equipment to Counterparty.
10.7 on repairs or replacements provided VIDMIC Tactical Equipment Europe a guarantee of 30 days. If repair or replacement is covered in paragraph 1 above warranty is the warranty after the repair or replacement lasts the longest. Repairs or replacements out of warranty made at fixed rates, obtained from VIDMIC Tactical Equipment and Europe will only be implemented after written order to do so.
11. Security
11.1 If there is good reason that the other party will fulfill its obligations promptly, the other party's first request VIDMIC Europe once sufficient Tactical Equipment and Tactical Equipment Europe VIDMIC the desired shape to provide security and if necessary to complete for fulfilling all its obligations. As long as the other party has failed to provide, is entitled VIDMIC Europe Tactical Equipment fulfill its obligations to suspend.
11.2 If the other party to an application referred to in paragraph 1 within 14 days after a written demand has followed, all its obligations immediately due and payable.
12. Intellectual Property and Know-How
12.1 All documentation, sales literature, illustrations, drawings, etc., whether recorded on paper, by Tactical Equipment VIDMIC Europe to the other party, shall remain the property of Tactical Equipment VIDMIC Europe.
12.2 The party is not entitled to use them other than for the use of the goods to which they relate.
12.3 The party is not entitled to in paragraph 1 documents, or embedded or otherwise become known to him to reveal information to third parties unless VIDMIC Tactical Equipment Europe express written consent thereto.
12.4 In case of violation of paragraph 2 and / or 3 is subject to the counterparty for each offense a fine of € 1000.00, irrespective of all other rights VIDMIC Europe Tactical Equipment on performance, termination, compensation, etc.
12.5 Party will VIDMIC Europe Tactical Equipment harmless against any claims of infringement of intellectual property rights of third parties resulting from such changes in a VIDMIC Europe Tactical Equipment delivered goods, the application of that case other than VIDMIC Europe Tactical Equipment prescribed or integration of the case by non VIDMIC Europe Tactical Equipment delivered.
13. Complaints, duty to investigate, prescription and compliance
13.1 The other party has the obligation upon delivery whether the goods conform to the contract. If this is not the case, then the other party can not appeal if he VIDMIC Europe Tactical Equipment them as quickly as possible and in any event within 14 days after delivery, or after finding reasonably possible, in writing and sufficient data has .
13.2 Claims and defenses based on facts that would justify the assertion that the case was not delivered to the contract shall be barred by lapse of one year after delivery
13.3 Should the delivered product not meet with the agreement, Europe VIDMIC Tactical Equipment at its option, only obliged to deliver the missing, restoration of the delivered good or replace the delivered good.
13.4 The provisions of this Article shall apply mutatis mutandis to the provision of services, including installation.
14. Numbers, sizes, weights and other information
14.1 Minor variations of sizes, weights, numbers, colors and other such information are not considered defects.
14.2 Trade practices determine if there are minor differences.
15. Dissolution / Liberation
15.1 If the other party fails to properly or fails any obligation imposed on him under the contract could arise, or in the event of insolvency, moratorium or receivership of the other party or closing down or liquidation of the enterprise, Tactical Equipment VIDMIC Europe entitled at its discretion without any liability for damages and without prejudice to its other rights, the agreement wholly or partially dissolve, or the (further) execution of the agreement to suspend. Tactical Equipment VIDMIC Europe in those cases also entitled to demand immediate payment of all amounts owed to it.
15.2 If the proper performance by VIDMIC Europe Tactical Equipment as a result of one or more conditions, not on behalf of VIDMIC Europe Tactical Equipment, among which the conditions in the next member, in whole or in part impossible, either temporarily or permanently, Tactical Equipment VIDMIC Europe the right to terminate the agreement.
15.3 Circumstances which in any case on behalf of Europe VIDMIC Tactical Equipment include: conduct, or gross negligence, of persons whom VIDMIC Europe Tactical Equipment performance of the obligation to use, unsuitability of goods which VIDMIC Europe Tactical Equipment performance of the obligation to use, exercise against the third party of one or more rights in respect of a breach by the other party to perform between one party and that third party with respect to the VIDMIC Europe Tactical Equipment delivered agreement, strikes, lockouts, illness, import, export, and / or transit, transport problems, non-fulfillment of obligations by suppliers, disruptions in production, natural and / or nuclear disasters, war or threat of war .
16. Compensation
16.1 VIDMIC Europe Tactical Equipment is only liable for damage caused on purpose or gross negligence is due.
16.2 VIDMIC Europe Tactical Equipment is never liable to compensate for damage other than to persons or property. VIDMIC Europe Tactical Equipment is not required to include compensation for consequential damages.
16.3 VIDMIC Europe Tactical Equipment stipulates all legal and contractual defenses and communicate it to avert its own liability to the other party, also on behalf of its employees for whose conduct they would be liable under the law.
16.4 The provisions of this article do not affect the legal liability of Europe VIDMIC Tactical Equipment virtue of statutory provisions.
17. Governing Law and Jurisdiction
17.1 All legal relations between Europe VIDMIC Tactical Equipment and the other party by Dutch law.
17.2 The applicability of the Vienna Sales Convention is excluded.
17.3 Disputes between VIDMIC Europe Tactical Equipment and the other party falling within the competence of the District Court shall be exclusively adjudicated by the court of the location of VIDMIC Europe Tactical Equipment, unless VIDMIC Europe Tactical Equipment as plaintiff or applicant chooses the jurisdiction of residence or location of the other party.
18. Conversion
If and so far based on reasonableness and fairness or onerous nature, any provision of these terms and conditions no appeal can be made, then that provision in content and scope, as far as possible equal importance, so that this can be called .
19. Dutch text prevails
The Dutch text of these general conditions shall prevail over any translation thereof.
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