General terms and conditions
General Terms and Conditions Muurmeesters
Article 1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
a. Client: the natural or legal person who has commissioned the supplier to manufacture goods;
b. Supplier: the natural or legal person who has accepted the assignment as referred to under a, or has issued a quotation or offer prior to a possible assignment;
Article 2. Applicability
2.1. These general terms and conditions apply to the realisation, the content and the performance of all agreements concluded between the client and the supplier.
2.2. General terms and conditions of the customer shall only apply if it has been expressly agreed in writing that they shall apply to the contract between the parties to the exclusion of the supplier's general terms and conditions.
Article 3: Offer
3.1. Each offer contains such information that it is clear to the client what rights and obligations are attached to accepting the offer.
3.2. An offer, quotation, budget, pre-calculation or similar communication does not oblige the supplier to enter into an agreement with the customer.
3.3. Offers made by the supplier are always without obligation and can only be accepted without deviation.
3.4. Obvious mistakes or obvious errors in the offer do not bind the supplier.
AArticle 4: Price
4.1. The price quoted by the Supplier for the performance to be carried out by him applies exclusively to the performance in conformity with the agreed specifications.
4.2 All prices quoted are inclusive of turnover tax (V.A.T.) but exclusive of shipping costs, including any levies imposed by the authorities.
4.3. In the case of composite offers, there is no obligation to supply part of the total performance at the amount stated for this part in the offer or at a proportionate part of the price stated for the whole.
Article 5: Conclusion and content of the agreement
5.1. The agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
5.2. An order can only be given by means of the digital order form on the website of the supplier. The Commissioning Party shall bear the risk of misunderstandings regarding the content and execution of the agreement if these are caused by specifications or other communications not received by the Supplier, or not received correctly, in a timely manner or incompletely, via the website of the Supplier.
5.3. The order is put into production after the supplier has received payment of the agreed price.
5.4. After the order has been taken into production, cancellation of the order is no longer possible.
Article 6: Term and place of delivery
6.1. A delivery time stated by the Supplier shall only be of an indicative nature, unless it is explicitly stated in writing that it concerns a final deadline. The Supplier shall not be in default until the Commissioning Party has given him notice of default, even in the case of an agreed deadline.
6.2. Unless otherwise agreed, delivery shall be made to the address given by the client.
6.3. During the execution of the contract by the supplier, the customer or his representative shall be obliged to do everything that is reasonably necessary or desirable to make a timely delivery to the address specified by the supplier possible.
6.4. The risk of damage and/or loss of the goods to be delivered shall be borne by the supplier until the time of delivery to the client or his representative.
6.5. The supplier shall not be charged with the storage of the goods to be delivered, unless this has been expressly agreed. If storage takes place, this shall take place at the Commissioning Party's expense and risk.
Article 7: Examination on delivery
7.1. The Commissioning Party shall be obliged to examine whether the Supplier has properly fulfilled the contract with due speed after delivery of the goods and shall furthermore be obliged to inform the Supplier in writing of the contrary immediately.
7.2. The client must carry out the examination and give the relevant notification, as referred to in section 1 of this article, within 5 days of delivery at the latest.
7.3. The supplier is always entitled to substitute a new sound performance for a previous unsound performance, unless the default is irreparable.
7.4. The parties shall be deemed to have properly performed the agreement if the client has failed to carry out the examination or notification referred to in paragraph 1 of this article on time.
7.5. The performance of the Supplier shall in any case be considered sound between the parties, if the Commissioning Party has taken the delivered goods, or part of them, into use, has treated or processed them, has supplied them to third parties, or has had them treated or processed, or has had them supplied to third parties, unless the Commissioning Party has observed the stipulations of the first paragraph of this article.
Article 8: Deviations
8.1. The client is aware that the product supplied is a reproduction of the original painting, drawing or model. Deviations between, on the one hand, the delivered object and, on the other hand, the original painting, drawing or model cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation for damages, if they are of minor importance.
8.2. Deviations which, taking all circumstances into account, do not reasonably have any influence or only a minor influence on the useful value of the delivered goods, shall always be deemed to be deviations of minor importance.
AArticle 9: Guarantee
9.1. The supplier does not guarantee the resistance of the delivered goods to the effects of moisture, extreme UV radiation and other extreme environmental factors.
9.2. If the product delivered has a design, material or manufacturing defect, the client shall be entitled to repair or replacement. The Commissioning Party shall only be entitled to replacement if repair of the delivered goods is not possible. The goods to be replaced and/or repaired must be sent to the supplier carriage paid.
9.3. No guarantee applies to damage caused by incorrect use or application of the delivered goods.
9.4. The proof of purchase shall serve as proof of warranty.
9.5. If repair or replacement is impossible, the supplier has the right to dissolve the agreement and credit the buyer in full.
Article 10: Force majeure
10.1. Shortcomings on the part of the supplier in the fulfilment of the agreement cannot be imputed to him if they cannot be attributed to his fault, nor are they at his expense by virtue of the law, the agreement or generally accepted practice.
10.2. Failure on the part of the supplier to comply with the agreement as a result of war, mobilisation, riots, flooding, blocked shipping, other blocking of transport, stagnation in or restriction or termination of supplies by public utility companies, lack of gas, petroleum products or other means for the generation of energy, fire, machinery breakdown and other accidents, strikes, lockouts, union actions, export restrictions, other government measures, non-delivery of necessary materials by third parties, intent or gross negligence of auxiliary persons and other similar circumstances are considered not to be imputable to the supplier and do not give the principal the right to dissolve the contract or to damages.
Article 11: Liability
11.1. The supplier's liability by virtue of the agreement with the customer is limited to such an amount as is proportionate to the agreed price according to criteria of reasonableness and fairness.
11.2. The compensation for damages shall never exceed the amount paid by the Commissioning Party to the Supplier in connection with the execution of the agreement.
11.3. The Supplier shall not be liable for damage of any nature whatsoever arising because or after the Commissioning Party has taken the delivered goods or part of them into use after delivery, has treated or processed them, has supplied them to third parties, or has had them treated or processed or supplied to third parties.
Article 12: Use of personal data
12.1. The supplier guarantees to treat as confidential all information regarding the customer that is obtained in connection with the execution of the agreement.
12.2. The Supplier is not authorised to use the information made available by the Commissioning Party for any purpose other than that for which it was obtained.
Article 13: Applicable law
The contract between the supplier and the principal shall be governed by Dutch law.