Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE ASSOCIATION PLATFORM PROMOTIONAL PRODUCTS, LEGALLY ESTABLISHED IN THE HAGUE AND WITH ITS OFFICE AT (2585 EW) THE HAGUE, Laan Copes van Cattenburch 79
Article 1
Definitions In these general terms and conditions, the following terms shall have the following meanings: . Customer: the party that orders Products from Supplier and/or with whom Supplier is in discussions or negotiations regarding the conclusion of an Agreement; . Defect: Any deviation of the Products from the Specification and any other failure of the Products to function properly or services provided; . PPP Dispute Committee: the disputes committee established by the association Platform Promotional Products; . Delivery Period: the period determined in the Agreement within which the Products must be delivered; . Supplier: the user of these general terms and conditions, in this case, the members of the association Platform Promotional Products, who are in a (pre-)contractual relationship with Customer; . Order: Any instruction from Customer to Supplier for the delivery of Products, in any form whatsoever; . Agreement: any agreement concluded between Supplier and Customer, any modification or addition thereto, as well as all (legal) acts in preparation for and/or in execution of that agreement; . Products: All items produced and/or delivered by or on behalf of Supplier for the account of Customer in the execution of an Order or Agreement, as well as – whether or not included therein – services to be provided by Supplier, including advice and creative expressions; . Specification: The description of Products ordered by Customer as stated or referred to in the Order or the Agreement.
Article 2
Applicability. Clause 1: Unless expressly agreed otherwise in writing, these general terms and conditions shall apply to all offers and quotations from Supplier and to every Agreement between Supplier and Customer. Clause 2: The applicability of any general (purchasing) terms and conditions used by Customer is explicitly rejected by Supplier, unless the applicability thereof has been expressly and in writing accepted by Supplier.
Article 3
Offers. Clause 1: All offers in any form whatsoever are non-binding for Supplier and must be regarded as a whole. If an offer contains a period for acceptance, this only means that the offer has lapsed after this period. Clause 2: All images, catalogs, drawings, and further information provided with the offer, such as dimensions, weights, and quantities, are as accurate as possible. These statements are only binding if expressly confirmed. Clause 3: All quotations and offers are based on the execution of the Agreement under normal conditions and during normal working hours. Clause 4: Agreements are only concluded if and insofar as they have been confirmed in writing by Supplier or after Supplier has commenced execution. Clause 5: If, due to circumstances, including the nature, scope, or urgency of the Order, no order confirmation has been sent, the invoice shall be deemed the order confirmation. Clause 6: Each Agreement is concluded by Supplier subject to the suspensive condition that Customer – solely at the discretion of Supplier – proves to be sufficiently creditworthy for the financial performance thereof. Clause 7: All documents, models, samples, or examples provided relating to offers made by Supplier and/or the Agreement are and remain the property of Supplier and may not be provided to third parties, shown, reproduced, or copied in any way without its written consent. Customer is obliged to return them undamaged and, if applicable, in the original packaging carriage paid to Supplier within fourteen days of a request made by Supplier to do so.
Article 4
Prices. Clause 1: The prices stated in the offer are in Euros, excluding VAT and/or other levies. Clause 2: The prices stated in the offer are, unless otherwise agreed, based on the price-determining factors applicable to Supplier at the time of this offer, such as labor costs, costs of raw materials or materials, and exchange rates. Price increases as a result of a change in any of these price-determining factors after the offer may be passed on to Customer by Supplier, even if the Agreement has already been concluded. Clause 3: If the application of the preceding clause would result in a price increase of 10% or more within a period of 3 months after the conclusion of the Agreement, Customer is entitled to terminate the Agreement within 7 working days after being notified of the price increase by registered letter, without being entitled to any compensation.
Article 5
Delivery of Processed Products. Clause 1: If Supplier is instructed to deliver specially processed (or assembled) Products for Customer, Customer is obliged to provide suitable material for processing in sufficient quantities. As long as Customer has not complied with this obligation, Supplier is entitled to suspend its obligations under the Agreement. Clause 2: Supplier is only obliged to send a proof, model, sample, or example to Customer for approval in advance if this has been agreed upon in writing at the conclusion of the Agreement. In that case, Supplier undertakes to submit a proof, model, sample, or example to Customer no later than two weeks after the conclusion of the Agreement and