General conditions

These general conditions apply to all our deliveries and are presented here for information purposes only.

Copies of this web page are not binding. Binding are only copies on paper (supplied as part of offers or invoices).

Internet sales have the addional condition that they can be canceled for free within 10 days (after date of ordering).

• ARTICLE 1: GENERAL
  User of these general conditions is ISERVI, party is customer ISERVI. These general conditions apply to all orders, which are accepted by user with regard to the delivery of affairs and/or the performance of activities. These general conditions are supplied with each offer or orderconfirmation from user. If user agrees with party to departures from these general conditions, than user will affrim this in writing. Prices en descriptions in leaflets, adds and other explanatory/advertising text will be modified without preceding notice and are beyond the scope of these general conditions.

• ARTICLE 2: OFFERS
  All offers of user are made in writing or confirmed in writing. Each offer states wether prices are in- or exluding VAT, ex works etc.. The validity of an offer is three months. All offers are without engagement.

• ARTICLE 3: ORDERACCEPTION
  The acceptance of an order is allways in writing. In case of clear mistakes, misunderstandings or the missing of relevant information in an orderconfirmation of user, a new orderconfirmation will be done in writing, stating the reason. The deliberate holding back of relevant information during the concluding of an order by party, can be a reason to break up in writing an allready closed order and to demand a compensation. Termination of an allready closed contract, is to be dona as soon as pssible in writing by party. User can claim a compensation, on account of suffered loss of income.

• ARTICLE 4: DELIVERY
  Unless clearly agreed upon in writing, the needed number of working hours and/or given delivery times in offers and orderconfirmations are approximations. When serious transgression occur with regard to delivery times/stated number of working hours, then party will be informed as soon as possible stating the reason. Unless clearly stated in writing, user uses the terms of delivery as defined in INCOTERMS 1990.

• ARTICLE 5: CIRCUMSTANCES BEYOND CONTROL
  If by circumstances beyond control user is hindered in not, or partly not fullfilling a contract, then user can not be held responsible for party's suffered losses. In case of circumstances beyond control user will notify party as soon as possible. Circumstances beyond control are: strike, fire, failing suppliers, the failing of used equipment, illness or death user, getting in conflict with the law during excecution of agreed upon activities and misuse of information from user by party.

• ARTICLE 6: RESPONSIBLITY
  Unless clearly agreed upon in writing,, user eccepts no other responsibilty than a) loss/damage deliverable goods till the moment of delivery, b) not, not completely or wrong fullfilling of agreed upon services, when such is the direct result of deliberate intention of user.

• ARTICLE 7: WARRANTY
  Warranty implies that retrospectively noticed shortcomings -due to bad materials, wrong processing or not complete fullfilling of affairs agreed upon in writing by user-will be corrected without additional costs for party. If such is not possible, (partly) restitution of allready made payments will result. Unless clearly agreed upon in writing, warranty ends one yaer after date invoice. When three months after date invoice no payment is received, than only after full payment has been received, warranty will be given.

• ARTICLE 8: PROPERTY
  User remains owner of delivered goods/works, as long as party has not fully paid for them. Copyright of delivered works remains with user, except when agreed upon different in writing. User has the right to demonstrate copies of delivered work to potential clients. For other details, see Dutch copyright act. When party does not fullfill any obligation from any contract with user, even in case of bankruptcy, suspension of payment liquidation or close down, than party is considered to be neglectful and user has -without giving any notice- power to: a) take back goods/works, wherever they are, b) claiming compensation for all occured losses.

• ARTICLE 9: PAYMENT
  Payment of invoices should be made within 30 days to the bank account of user, mentioned on the invoice. In case of overdue payments, user is entitled to charge an intrest of 1% per month. After three months an collecting agency will be called in. All costs will be charged to party, including 15% intrest per year and excluding VAT.

• ARTICLE 10: CLAIMS
  Claims of party on account of delivered goods/works/services, has to be done as soon as possible and in writing.

• ARTICLE 11: SECRECY
  User and party are bound to secrecy regarding information about each others businesses. Specific demands of secrecy are only agreed upon in writing. User will destroy recorded information in his possession as soon as possible. Till destruction user takes necessary measures to prevent third parties to have acces to the information concerned

• ARTICLE 12: ISSUES AND APPROPIATE LAW
  Issues resulting from these general conditions fall under Dutch law and Dutch courts. These general conditions are not invalidated by any waiver of its terms. For court this English version version will prevail, when transactions has taken place outside Dutch territory.

 

Eindhoven, Januari 7th 2002