General terms and conditions
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General Terms Nancy-Trading
Article 1 Definitions and general provisions
1.1 Nancy-Trading: located in Heerenveen and registered at the Chamber of Commerce under number 53770706.
1.2 Client: the legal entity with whom Nancy-Trading has concluded an agreement in which Nancy-Trading is obliged to provide products.
1.3 Products: The most comprehensive understanding of an item or good that is supplied by Nancy-Trading.
Article 2 Offers and Tenders
2.1 All offers from Nancy-Trading shall be valid for the duration of 7 days.
2.2 Prices given by Nancy-Trading in offers shall be exclusive of BTW (VAT) and other government levies.
2.3 The prices given by Nancy-Trading in offers do not include any expenses to be possibly made within the scope of the agreement, including shipment and administration costs, unless agreed otherwise.
Article 3 Establishment of an agreement
3.1 An agreement in established after Client accepts an offer or tender from Nancy-Trading and Nancy-Trading assents with this acceptation.
Article 4 Delivery
4.1 Delivery takes place as is agreed between parties.
4.2 All delivery terms stated by Nancy-Trading are of an indicative nature. These term shall never be interpreted as a final deadline.
4.3 All deliveries will be made at the expense of the Client.
Article 5 Retention of title
5.1 All goods delivered by Nancy-Trading shall remain property of Nancy-Trading until Client has fulfilled all of his obligations under all agreements concluded with Nancy-Trading.
5.2 An extraordinary access to the goods, such as a pawning, a guarantee, etc. require the consent of Nancy-
Trading. The Client is obliged to report to Nancy-Trading immediately if third parties seize goods delivered under retention.
5.3 Failing payment when due and in the event of bankruptcy or application for suspension of payment by the Client, Trading Linden shall be entitled to take possession of the Products without prior notice.
5.4 All intellectual property rights to images and provided documents are owned solely by Nancy-Trading.
Article 6 Warranty
6.1 The buyer is obliged to inspect the products promptly and accurately on delivery. Any claims on defects, malfunction must be in writing and must be reported immediately, but in any event within seven (7) working days of delivery.
6.2 If the Client does not notify Nancy-Trading that it wishes to execute his right of warranty within the period determined in article 6.1, the products delivered by Nancy-Trading or ought to be received in good condition.
Article 7 Liability
7.1 Nancy-Trading excludes all liability for indirect damage suffered by the use of the Nancy-Trading products.
7.2 If Nancy-Trading is held liable for any damages, Nancy-Trading’s liability is limited to the amount which is remunerated by the applicable insurance contract. If for any reason, no benefit is paid under the applicable insurance as stipulated, the liability of Nancy-Trading limited to the invoice value of the order, at least to that part of the order to which the liability relates.
7.3 Direct damages shall be solely defined as: The reasonable costs incurred to establish the cause and extent of the damage; any reasonable expenses made to make substandard products comply with the desirable properties as meant in the agreement, but only to the extent as these expenses can be attributed to Nancy-Trading; any
reasonable costs made to prevent or minimize damage, but only if the Client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.
7.4 Nancy-Trading in by any means never liable for the following damages: consequential damages, lost profits, lost savings and damage due to business stagnation.
7.5 The Client indemnifies Nancy-Trading from and against all claims of third parties which may result from - or relate to the execution of the agreement
Article 8 Price and payment
8.1 Payments must be made prior to delivery of Products. All invoices must be due within the period as stated on the invoice.
8.2 If a payment is not made in time, the Client shall be in default by operation of law and shall owe interest on the amount due at a rate equal to the legal rate of interest.
8.3 All judicial and extrajudicial costs, made by Nancy-Trading when embroiled against the Client shall be borne by the Client.
8.4 If the Client cancels the agreement, a fixed fine of 30% of the original offer is owed by the Client.
Article 9 Applicable law and disputes
9.1 Only Dutch law shall apply to each and every agreement between Nancy-Trading and the Client.
9.2 Unless legal stipulations demand otherwise, each dispute between Nancy-Trading and the Client shall be submitted to the competent judge in Leeuwarden (The Netherlands).