General Terms and Conditions of Graphic Supports B.V.
These are the general terms and conditions of sale, Service and delivery (“General Conditions”) of Graphic Supports (Netherlands). A free copy of these General Conditions is available on request. For a copy, call Graphic Supports B.V. or visit our website http:www.graphicsupports.com.
1. Definitions
2. Agreement
3. Confirmation by telephone or e-mail
4. Prices and costs
5. Delivery, service and risk transfer
6. Illustrations and description
7. Guarantee on goods and services
8. Returning / RMA
9. Payment period/Bank details
10. Intellectual property rights
11. Retention of title
12. Force majeure
13. Liability
14. Personal data protection
15. Final provisions
1. Definitions
The terms used in these General Terms and Conditions are defined as follows:
A. Order Form
The order made by the client and send by telephone or electronic post, like e-mail.
B. Graphic Supports B.V. henceforth be known as ‘Graphic Supports’
Graphic Supports (Netherlands), the company with whom the client enters into the agreement.
C. Service
Service, Technical Support upon request of the client by telephone or electronic post, like e-mail.
D. Goods
All items sold to the client, including replacement of defect goods, hardware, documentation and software products, which are
licensed by the client before use.
E. Client
The person who received a client number,- based on the client number identification form-, and with whom Graphic Supports has entered into an agreement to which the General Conditions are applicable.
F. Price:
The price or prices that apply at the moment the goods are shipped. Prices and Cost applicable to Service or others provision of
services executed on clients request. The price of services or the prices in an offer can be subject to different conditions, which will be mentioned in the offer or by our account manager. All prices or additional costs will be exclusive of VAT and Transportation;
G. Client Number
The unique identification number that Graphic Supports will provide to the client;
H. Contract / agreement
The agreements documented in a form, document or in another way, that will be meet the conditions of Graphic supports for
service and parts;
I. Parties
A party, client and Graphic Supports, together and/or individually;
J. Working Day
From Monday till Friday from 9am until 5pm, holidays excluded.
The agreement is formed if the client agrees with the offer, places an order or service request at Graphic Supports and Graphic Supports agrees with the client’s acceptance of het offer.
The client can form an agreement with Graphic Supports by providing the following information:
– A completed account form, including identification and *residence statement. * Not required for all countries
The offer will not be accepted by Graphic Supports:
– if bills from previous contracts by Graphic Supports have not been settled. On request, Graphic Supports will state the reason of refusal.
3. Orders by telephone and e-mail
All Telephone and e-mail will always have priority, service calls will be followed up the same day and goods will usually be shipped same day. Same day goods shipment the order has been received on a workday before 2pm. If a client decides to send a written confirmation as well, he or she should state the order number and client number for an efficient completion of the order. In this case, the words “order conformation” should be written on the order form.
4. Prices and costs
The applicable price for the goods and Service is the price valid on the day we receive the order, unless specifically agreed upon otherwise. Exception to the rule are foreign currency indexed goods, e.g. overseas import products from the United States.
All invoices, credit notes, transmittal forms and other documents will be provided once free of charge by Graphic Support.
If a client places only one single order in the amount of in total € 50,- or less, exclusive of VAT, an additional administration fee of €15,- is
charged.
5. Delivery, Service and Risk transfer
With the exception of goods on which Graphic Support has explicitly communicated a reservation , Graphic Supports will try its best to deliver the at Graphic Supports ordered goods the next working day, goods and services will be delivered or executed at the address provided by the client. Goods delivery can be executed through hand over or delivery to a third party.
The responsibility for the goods will shift from Graphic Supports to the client as soon as the goods leave the Graphic Supports
warehouse. Responsibilities for Service will shift from Graphic supports to the client the moment client approve the service report edit by Graphic Supports or by performer designated by Graphic Supports
Graphic Supports will do its utmost to deliver the items and service on time, but accepts no liability in any form when the agreed upon
delivery –time- cannot be met.
In case Graphic Supports provided pallets, packing cases, boxes, crates, containers, etc. for packing and transport of the goods, either
from Graphic Supports or from a third party – whether at a deposit or not – the client is obliged to send them back (cost client) to the address provided by Graphic Supports, with the exception of single-use packaging. When failing to do so, a compensation fee will be charged.
Both carriers of Graphic Supports as well as Graphic Supports itself have to be informed by the client within 3 working days of any defect and/or responsibility, otherwise all liability shall cease. Goods that are damaged during transport, should be stored until Graphic Supports or one of its agents has inspected and checked them.
Ordered goods will be shipped the same day, except for second delivery goods or goods that are out of stock. Graphic Supports will do its
utmost to deliver the ordered goods as soon as possible. In case goods turn out to be no longer available or if the delivery period exceeds
2 weeks, Graphic Supports will contact the client to discuss whether or not to cancel the order. For products with special size and/or weight for which standard delivery is not possible, we will contact the client before shipping to discuss delivery time and additional shipping costs.
6. Illustrations and descriptions
Specifications, drawings and descriptions of weight or other details serve to give a general impression of the products and are not a part of any agreement.
Graphic Supports is not liable for any damage, including consequential or delay damages, direct or indirect injury, as a result of possible incorrect information or activities as mentioned point 1A and 1C provided by Graphic Supports.
Any defect occurring within a period of 12 months, when used correctly, that is the result of a defect in the material, manufacture or design of the goods, will be handled by Graphic Supports in an appropriate way, by means of repair or replacement of the goods concerned or defect parts (to be determined by Graphic Supports). Software will be supplied under the express condition that Graphic Supports cannot guarantee that the program is free of faults or defects. When the client finds a defect, he or she is obliged to inform Graphic Supports thereof within 30 days after delivery, in writing and in detail. By e-mail Graphic Supports will give the client a Return Material Authorisation Number (RMA-number). The defected goods have to be adequately packaged, a copy of the e-mail by Graphic Supports and a completed return form should be included, and they should be ready for pick-up at the address the goods were delivered. The client will confirm to Graphic Supports in writing or by telephone. Graphic Supports will order a carrier that same day to pick up the goods and the carrier will pick them up within 5 working days.
All items that the client may have added to the defected goods have to be removed before returning the goods. Graphic Supports is not liable in case of loss or damage of these items. Graphic Supports is free to remove any items that were added to the goods.
The guarantee is given by Graphic Supports only and accepted by the client as such. All in compliance with the client accepted and/or assumed conditions and/or factory guarantees that could be applicable to the status, quality, suitability or capacity of the goods or part of the goods, will be excluded. Factory goods guarantee will remain. On the executed and paid service a 3 month warranty will apply; travel costs are excluded from the warranty. Guarantee of goods installed during the visit to the client are subject to the goods guarantee.
Quality Assurance: All our products will be stocked according to strict standards and quality procedures for stocking.
8. Returning
Prior to returning the goods, for any reason, the client should contact Graphic Supports and ask for a Return Material Authorisation (‘RMA-number’). All goods need to be returned undamaged and in the original packaging. The client is responsible for returning the goods to Graphic Supports and for providing a receipt for the returned goods. Graphic Supports works with a return period of 14
calendar days. In order to be eligible for return on these terms, the goods need to be returned within 14 calendar days after delivery. The
client needs to return the goods to “Graphic Supports, Jaagweg 18, 1633 GC Avenhorn, The Netherlands, together with a completed
return form, client number and order or Invoice. Goods that are returned after the period of 14 calendar days and which are deemed ‘no longer needed’ or ‘wrongly ordered’, can be accepted by Graphic Supports, but in that case 20% of the invoice amount or at least € 10,-, have to be paid. Refer for defect goods to article 7 of the agreement. Goods such as software programs or specially manufactured goods
– which are manufactured or assembled to the client’s specific needs – or goods which contain hazardous substances, as mentioned in
directive 2002/95/EG concerning the restriction of certain hazardous substances in electric and electronic devices, cannot be returned.
Static-sensitive goods or moisture-sensitive components will be delivered in sealed packaging and cannot be returned if the sticker or seal is opened or broken.
9. Payment period/Bank details
The invoice needs to be paid within 30 days from the invoice date. The client is not allowed to subtract any amount of the purchase price due to a counterclaim. Payment can be made to bank
Regio Bank.
IBAN: NL68RBRB0898259452
BIC:RBRBNL21
Reference: stating client number and invoice number.
In case a payment cannot immediately be linked to a certain invoice, this will be settled together with the oldest still outstanding invoice. If the client does not fulfill his payment obligation within 30 days from the date of the invoice, the client shall be deemed in default without any further notice being required, and Graphic Supports is then entitled without intervention of the court to terminate the agreement. The client is then liable for damages suffered by Graphic Supports, including for instance loss of profits, shipping costs and any other related costs.
In the event of non-fulfilment by the buyer, and if Graphic Supports decides to take extrajudicial measures, the costs thereof shall be borne by the client. These costs will be 15% of the invoice, with a minimum of € 50,-.
Graphic Supports reserves the right to suspend or cancel an order by a client until Graphic Supports has confirmed the client’s payment
has been received by Graphic Supports.
Electronic invoices will be sent to the e-mail address given at the time of application of the account. This address can be changed or a paper copy of the invoice can be supplied. Contact the accounting department of Graphic Supports for a free paper invoice or use our contact form Requesting a paper invoice does not give the right to extend payment. The date shown on the electronic invoice is the date that applies.
10. Intellectual property rights
Graphic Supports has made every effort to prevent violating patent, trademark, copyright or other intellectual property rights, but gives no warranty of any kind and does not accept any liability whatsoever when such a violation occurs.
Property rights on software and Software programs, assemblies as part or developed by Graphic Supports are not transferable. The use
of such software programs is subjected to license obligations. Software programs subject to such licenses may only be used as stated and any copies or changes are prohibited. Without exception, all our other terms and conditions apply to the agreement.
11. Retention of title
All goods will remain property of Graphic Supports until the client has paid the full invoice price and additional outstanding debts to Graphic Supports. In case of non-payment Graphic Supports is allowed to retrieve all already delivered goods 14 days after notification in writing, in order to reduce the still outstanding debt.
Notwithstanding the provisions of article 9 the contract is cancelled without intervention of the court after a written statement, if the client has been declared bankrupt, the client requests suspension of payments or if the court grants a request by Graphic Supports, natural person, to initiate debt settlement proceedings or attachment, placement under curatorship or another loss of the power of decision, unless the official receiver or trustee treats the obligations ensuing from this agreement as an ordinary debt.
In case of termination, existing debts on both sides will become immediately due.
12. Force majeure
The in article 5 mentioned delivery limit will be extended with the period in which Graphic Supports is prevented from meeting its obligations due to circumstances beyond its control.
The term ‘force majeure’ is applicable if Graphic Supports has entered into the agreement and proves to be prevented from meeting its obligations or the preparations thereof due to war, war threat, civil war, terrorism, riots, molestation, fire, water damage and floods, strike, occupation of the factory by workers, lockouts, import and export barriers, government measures, defects of machines, interruptions in the supply of energy – in the company of Graphic Supports and at locations of third parties – on which Graphic Supports completely or partially relies for material, during storing or transport, in- and out-company, and also due to all other causes beyond the control of Graphic Supports.
If the force majeure occurs when part of the agreement has already been met, the client can choose to keep the already delivered goods and pay the purchase price of those goods, or cancel the agreement altogether, also for the part that was already met. The already
delivered goods may be returned to Graphic Supports – shipping costs and risk shall pass to the client – if the client can prove that the already delivered goods cannot be used effectively by the client because the remainder of the goods cannot be delivered.
13. Liability
Graphic Supports is in executing on the agreement except in case of deliberately not liable for direct damages. Graphic Supports is in all events not liable for indirect damages, including personal injury, operating losses, loss of use and other consequential damages the client suffers because of (possible) shortcomings of Graphic Supports, at executing the agreement. The liability of Graphic Supports is limited to the total amount on the invoice for the goods and provided services.
Graphic Supports shall have no liability in case of not meeting performance levels, tolerances or characteristics of products or service,
unless they are specifically and expressly guaranteed in writing by Graphic Supports. Liability for the agreement or the effectiveness of
the goods with the intended use lies with the client, even if Graphic Supports has given the client advice about the application.
Graphic Supports should be notified in writing about the in this article mentioned damage, as soon as possible, but at the latest 2 weeks
after the damage was caused. Damage that was not notified in time, will not be eligible for reimbursement, unless the client makes a reasonable case for not having reported it earlier.
Graphic Supports is not liable for advice, actions and/or recommendations made by its employees or agents, in written or oral form.
Goods: The goods are not designed or approved, nor appropriate for implantation in the body, in medical equipment or in goods that could reasonably be expected to result in personal injury, death or damage to property or the environment.
14. Confidential data
Every party is obliged to keep as strictly confidential towards third parties all information received in any form from another party. Parties will not appropriate information of a substantial nature as regards to content for their own use.
Graphic Supports needs the data from the client and puts the data from the client and the by him/her provided information into a database. Graphic Supports will use the data of this database in accordance with the Dutch privacy law. Graphic Supports has the right to use name and address data from her database and use them for commercial ends, in accordance with paragraph 1 of this article.
15. Final provisions
Graphic Supports reserves the right to change these General Terms and Conditions and apply this revised General Conditions to the existing agreement.
If Graphic Supports will apply revised General Conditions on an existing agreement, these will come into force on the date mentioned on this written announcement. If the client does not wish to accept the revised General Conditions, because they will have consequences that are unacceptable for the client, the client has the right to cancel the agreement immediately within 21 calendar days after the announcement of revision. Implementation of this right will start if a letter of notification with reasonable motivation has been sent to Graphic Supports.
None of the parties is entitled to assign its rights or obligations without the written consent of the other party.
The fact that one of the parties at any given moment does not demand strict execution of one of the articles in the General Terms and Conditions does not automatically result in the general right to declare these General Terms and Conditions no longer applicable in the future. Without exception, is the latest General Terms and Conditions of Graphic Supports applicable on agreements, orders and Services as mentioned in point 1A and 1C from date of request.
The agreement is governed by Dutch law.
December 2014
These General Terms and Conditions will replace all previous versions of the General Terms and Conditions.
December 2014