Specifications are subject to change without prior notice.
Catalogue Edition 31
Specifications are subject to change without prior notice.
Catalogue Edition 31
395
394
7.6
If delivery of the goods is refused by the customer, without prejudice to the provisions of article 9, the risk of the goods shall pass to the customer at once and
BRAND VAN EGMOND can immediately claim payment. BRAND VAN EGMOND shall keep the goods at the customer’s risks and expense until further notice.
7.7
If the customer continues to default after being summoned BRAND VAN EGMOND shall be entitled to dispose of the goods or to give them another destination.
Any proceeds shall be credited to the customer with deduction of all expenses coming for his account, without prejudice to BRAND VAN EGMOND’s right to full
payment of the agreed price.
8. Inspection, defects and non-delivery, returns
8.1. The customer must inspect the products at the moment of delivery. BRAND VAN EGMOND shall not be liable for any defects in the products unless written notice
with a statement of reasons is given to BRAND VAN EGMOND within seven (7) days of receipt. If complaints have not been made in the above mentioned manner
and within the aforementioned period of seven (7) days, the delivery shall be considered unconditionally accepted.
8.2.
The quantity of any consignment of products as recorded by BRAND VAN EGMOND upon despatch from BRAND VAN EGMOND’s place of business shall be
conclusive evidence of the quantity received by the customer on delivery, unless the customer can provide conclusive evidence to the contrary.
8.3.
Customary deviations shall not be reasons for complaint. The photos on this web site, in our catalogue and brochures are provided to assist you in choosing the
right product. These photos are meant to be samples only and are not intended to provide a perfect match to the actual product color.
Colors and photo size may vary based upon your screen resolution and other computer settings outside of our control.
The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue,
brightness, contrast, and other screen variations.
Therefore, Brand van Egmond shall not be held responsible for any variation between the photos on this website/catalogue and the actual products you receive,
including but not limited to: Color variation, grain variation, color change, and character variation
8.4. Any liability of BRAND VAN EGMOND for non-delivery or defective products shall to BRAND VAN EGMOND’s discretion be limited to replacing, repairing or
making up the products within a reasonable time.
8.5. No order can be cancelled or accepted without previous written agreement of BRAND VAN EGMOND.
8.6. Products may not be returned without BRAND VAN EGMOND’s permission. If BRAND VAN EGMOND agrees to take the Products back, the customer shall
obtain a return merchandise authorisation number (RMA number). Any products returned must be provided with the RMA number by the customer and be received
by BRAND VAN EGMOND within seven (7) days of delivery and must be complete, undamaged and in original packaging. Products returned after seven (7) days
as unwanted or incorrectly ordered will be accepted at the discretion of BRAND VAN EGMOND and will be subject to a restocking fee representing 30% of the
invoice value of the products.
8.7. Certain products - such as products specially designed or manufactured for the customer - are excluded from any return. The customer is responsible for returning
products to BRAND VAN EGMOND and for providing proof of delivery of such return.
8.8.
Products will be returned at the customer’s expense.
9. Retention of title
9.1
Ownership of the products shall not pass to the customer until BRAND VAN EGMOND has received in full (in cash or cleared funds) all sums due in respect of the
products.
9.2
The customer shall not be entitled to alienate or encumber the products in any way as long as full payment has not been made to BRAND VAN EGMOND, except
where and in so far as the normal conduct of business is concerned. The customer shall be obliged to pledge to BRAND VAN EGMOND any claims on third
parties resulting from this, on pain of a fine to the amount of 50% of the invoice amount for the goods supplied, with a minimum of € 2.250,=.
9.3
If payment is not received in full by the due date, or the customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver is
appointed over any assets or the undertaking of the customer or an execution or distress is levied against the customer, BRAND VAN EGMOND shall be entitled,
without previous notice, to retake possession of the products and for that purpose to enter upon any premises occupied or owned by the customer.
10. Performance and fitness for purpose
10.1 Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of BRAND VAN EGMOND in writing,
BRAND VAN EGMOND accepts no liability for any failure of the products to obtain such figures.
10.2 The responsibility for ensuring that products are sufficient and suitable for a particular purpose is the customer’s, unless specifically stated in writing by a director of
BRAND VAN EGMOND.
10.3 Any advice or recommendation given by an employee of BRAND VAN EGMOND, which is not confirmed in writing by a director of BRAND VAN EGMOND, is
acted on entirely at the customer’s risk and BRAND VAN EGMOND and its employees shall not be liable for any such advice or recommendation which is not so
confirmed.
11. Guarantee
11.1 Each product has been manufactured and packaged to meet BRAND VAN EGMOND’s high standards. Any defects which, under proper use, appear in the
products within a period of twelve (12) months (unless otherwise stated by BRAND VAN EGMOND) and which are due to faulty materials, workmanship or design
will be made good by BRAND VAN EGMOND either by repair, or at BRAND VAN EGMOND’s option, replacement (which is BRAND VAN EGMOND’s sole
obligation and the customer’s sole remedy.
11.2 BRAND VAN EGMOND’s guarantee is accepted by the customer in substitution for all express or implied representations, conditions or warranties, statutory
or otherwise, as to the satisfactory quality, fitness for purpose or performance of the products (or any materials used in connection therewith) or the standard of
workmanship of any services provided, and all such representations, conditions and warranties are excluded.
11.3 BRAND VAN EGMOND shall not be liable for defective products if the defect arises because the customer alters or repairs such products without the written
consent of BRAND VAN EGMOND or because the customer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of
the products.
11.4 Any products replaced or repaired under this paragraph will be guaranteed on these terms for any unexpired portion of the guarantee given on the original products.
12. Liability
12.1 These conditions of sales set out the entire liability of BRAND VAN EGMOND to the customer in respect of the products and shall be in lieu and to the exclusion of
all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded.
12.2 Nothing in these conditions of sale excludes or limits the liability of BRAND VAN EGMOND for death or personal injury caused by BRAND VAN EGMOND’s
negligence or fraudulent misrepresentation.
12.3 BRAND VAN EGMOND’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to
repairing, replacing or at BRAND VAN EGMOND’s option refunding monies already paid in respect of the products.
12.4 BRAND VAN EGMOND shall not be liable to the customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, loss of
goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of BRAND VAN EGMOND,
its employees, agents or subcontractors) which arise out or in connection with any contract.
12.5 BRAND VAN EGMOND shall not be liable for damage if the customer has not held BRAND VAN EGMOND liable for the damage by registered letter within a
reasonable time after becoming aware of the cause of damage, but not later than thirty (30) days after becoming aware of the damage.
12.6 All stipulations concerning the exclusion or limitation of BRAND VAN EGMOND’s liability for and concerning BRAND VAN EGMOND’s indemnity against claims
of third parties have also been made for the benefit of the persons who are employed by BRAND VAN EGMOND as well as third parties for whose actions or
omissions BRAND VAN EGMOND can be liable.
13. Termination
13.1 If the customer is in default with timely payment or fulfilment of other obligations towards BRAND VAN EGMOND, BRAND VAN EGMOND shall remain entitled,
without any notice of default, to consider the agreement rescinded, without prejudice to BRAND VAN EGMOND’s right to full compensation of damage suffered
and to be suffered and any further rights.
13.2 The power to rescind the agreement on the strength of article 13.1 shall also be due to BRAND VAN EGMOND if BRAND VAN EGMOND finds that the customer
has filed an application for a provisional moratorium, is being declared bankrupt, goods of the customer are being attached before judgment or under an execution,
or his debts are being liquidated.
13.3 The damage suffered and yet to be suffered as referred to in article 13.1. shall be at least 10% of the agreed price, without BRAND VAN EGMOND being obliged
to prove that this damage has been or will be suffered.
13.4 In the event of rescission on the strength of article 13 any credit that BRAND VAN EGMOND has granted the customer shall be claimable immediately without
further notice of default being required.
14. Intellectual property rights
14.1 The only BRAND VAN EGMOND trademarks and/or other rights of intellectual property that the customer may display to advertise and sell the products, shall
be those trademarks and/or intellectual property rights under which the products are sold by BRAND VAN EGMOND to the customer hereunder, or such other
trademarks expressly authorized by BRAND VAN EGMOND (hereinafter called “the said trademarks”).
14.2 The customer shall comply with BRAND VAN EGMOND’s instructions as to the manner and context in which the said trademarks and the statements to
accompany them are displayed.
14.3 No trademarks of the products shall be undertaken by the customer or any person on the customer’s behalf without BRAND VAN EGMOND’s prior written consent
nor will the customer alter, obliterate, add to, or otherwise interfere with the said trademarks and/or other intellectual property rights.
15. Export
15.1 The customer is responsible at its own expense for obtaining any licence and complying with any export or import regulations in force within the country for which
the products are destined.
15.2 BRAND VAN EGMOND reserves the right not to supply certain customers or countries and to seek from the customer full details of the end use and final
destination of the products.
16. Force majeure
16.1 BRAND VAN EGMOND shall not be liable to the customer in any manner or be deemed to be in breach of these conditions of sale because of any delay in
performing or any failure to perform any of BRAND VAN EGMOND’s obligations under these conditions of sale if the delay or failure was due to any cause beyond
BRAND VAN EGMOND’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations
or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of products or labour, lack and/or interruptions in the means of transport,
production equipment or energy supplies).
16.2 BRAND VAN EGMOND may, at its option, delay the performance of, or cancel the whole or any part of a contract.
17. General
17.1 Any provision of these conditions of sale which is held by any competent authority to be invalid, void, unenforceable or unreasonable (in whole or in part) shall to the
extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Sale and
the remainder of such provision shall not be affected.
17.2 Failure by BRAND VAN EGMOND to enforce or partially enforce any provision of these conditions of sale will not be constrained as a waiver of any rights under
these conditions of sale.
18. Legal construction
18.1 All disputes, suits, actions or other legal proceedings arising out of or related to these conditions of sale shall be governed by and interpreted in accordance with
the laws of the Netherlands and the customer submits to the jurisdiction of the courts of the Netherlands, but BRAND VAN EGMOND may enforce such contract in
any court of competent jurisdiction.
18.2 The United Nations Convention on contracts for the International Sale of Goods (1980) is not applicable (CISG).
