|
 |
Products |
 |
 |
Manufacturers |
|
|
Your Shopping Cart
is empty |
|
|
|
Information |
|
mkbOK Approved:
In Co-operation with:
Elinchrom Approved Dealer:
Secure Payment Methods:
 |
| Conditions of Use |
 |
|
|
FocusFX.nl is an activity of DynatechGeneral sales and delivery conditions Dynatech
Article 1. Price offer and acceptance
1.1 All of our price quotations are submitted without obligation, except
when they include a deadline for acceptance.
1.2 If our price quotation contains an offer without obligation that is
accepted by the buyer, we reserve the right to withdraw the offer within
two working days following reception of the acceptance.
Article 2. Conclusion of agreements, cancellation
2.1 Agreements are concluded by written confirmation of an order placed
with us or by the actual delivery of the goods.
2.2 The cancellation of orders placed with us shall be accepted only
until the moment of our confirmation of an order. After that moment,
the sales price as agreed shall be owing in all cases.
Article 3. Prices
3.1 Unless otherwise stated, all prices are inclusive of VAT and are
quoted in Euro currency (EURO). All price quotations are given under
reserve of possible future changes.
3.2 We reserve the right, in the event of printing errors in the price list,
catalogue, on the Internet, as well as in our offers, to remedy the error
and charge the correct price.
Article 4. Delivery
4.1 With an order in excess of EURO 2000,00 (inclusive of VAT), delivery
is free to one address within the Netherlands. In case of an incomplete
delivery, the correct quantity of effectively delivered goods shall be billed.
Article 5. Delivery terms
5.1 The delivery terms as agreed shall never be taken as a final commitment
on our part, unless explicitly agreed otherwise in writing.
Article 6. Force majeure
6.1 By force majeure is herein meant any unforeseen circumstance occurring
beyond the control of the parties and as a result of which the buyer can no
longer reasonably expect us to meet our obligations under the agreement.
Included in force majeure are the following eventualities: transportation
problems, fire, strikes, government measures, business interruptions and
disruptions, the eventuality that one of our suppliers failed to deliver
goods, or delivered them late, or in an improper condition.
6.2 In the event that, in our opinion, the force majeure circumstance shall
be temporary and brief, we reserve the right to suspend the execution of
the agreement for the duration, until the circumstance responsible for the
force majeure condition has been resolved.
6.3 Should, in our opinion, the force majeure condition likely be of a
permanent nature, the buyer may wish to come to an agreement with us
regarding the cancellation of the agreement and the related consequences.
Article 7. Payment terms
7.1 Payment is required before delivering of the goods, net, without any
discount or set-off.
7.2 Payments by the buyer shall at all times be applied first to the
settlement of all due interests and costs and subsequently to settlement
of claimable invoices that have been outstanding longest, even when the
buyer indicates that the payment in question is to be applied to invoices
of a later date.
7.3 Costs related to the payment, such as bank charges on payment of the
invoiced amount shall be for the account of the buyer.
7.4 In case of any overdue accounts, the buyer shall be in arrears and we
shall legally be entitled to charge at least an arrears interest at the
statutory rate, with a minimum of 1% per month.
7.5 Collection costs and all other costs that are the result of the buyer’s
defaulting on his payments, including lawyer and bailiff’s fees, shall be
charged to the buyer’s account.
Article 8. Reservation of title to the goods/promotion
8.1 Goods shall remain our property until they have been completely paid
for, inclusive of all possible costs and interests as may arise.
8.2 For as long as title to the delivered goods has not been assigned to
the buyer, the latter shall be prohibited from using them as collateral
vis-à-vis a third party, nor shall he grant a third party any right to
them other than in the customary context of his business activities, whereby
the buyer shall undertake the obligation, in case of a sale on installment,
to demand from his customers a reservation of title on the basis of the
terms in Article.
8.3 Dynatech reserves the most far-reaching right to depict the item sold
by her (inclusive of the logo used with it, brand name, and the like) and
to employ it for her own promotional and publicity purposes, in the broadest
sense of the word, and this without being liable for any compensation,
unless there exists an explicit written agreement to the contrary, even in
the event that her co-partner in the contract or the end user should possess
intellectual rights to the item in question, or to the advertising message,
or to the representation as such.
Article 9. Claims
9.1 The buyer shall timely and duly inspect the delivered goods and
determine if they meet the conditions in the sales agreement. The buyer
needs to advise us in writing and no later than 2 working days following
delivery regarding any possible defects in the goods supplied by us.
9.2 In case of justified and appropriately lodged complaints we shall,
at our option, be liable only for the delivery of the missing parts,
price discounts, repair of delivered goods, replacement of delivered
goods, or refund of the sales price against return of the delivered goods.
9.3 We shall make our choice known within 14 days following receipt of
the complaint and fulfill our obligations accordingly within a reasonable
interval; in the event we fail to make a decision, the buyer shall be in
a position to determine his own choice from amongst the afore-mentioned
obligations on our part.
Article 10. Termination
10.1 In the event that the buyer fails to acquit himself of his obligations
as agreed, or acts inappropriately or is late in his compliance, as well as
in the event of his bankruptcy or in case of his submitting a petition for
suspension of payment, or in case of shut-down, transfer or liquidation of
his business, or any other significant changes in his financial circumstances,
we shall be entitled without any need for a summons, notice of default, or
court intervention, to terminate the execution of the agreement either in
full or in part.
10.2 In that case, all outstanding accounts are collectable without any
delay whatsoever, without prejudice to our other rights in keeping with
the terms of the agreement and the dictates of the law.
Article 11. Liability
11.1 With consideration for reason and fairness, we shall not assume liability
for any indemnification for damage of whatever nature - such as direct or
indirect damage or losses, loss of business activities and consequential loss,
injury to persons, damage to moveable and immoveable property - both
pertaining to the principal and third parties.
Article 12. Jurisdiction
12.1 All agreements to which these conditions apply, either whole or in part,
are governed by Dutch law.
Disclaimer
This site is owned and operated by Dynatech. Unless otherwise specified,
all materials appearing on this site, including the text, site design, logos,
graphics, icons, and photos, as well as the selection, assembly and
arrangement thereof, are the sole property of Dynatech, Copyright © 2005,
ALL RIGHTS RESERVED. No materials from this site may be copied,
reproduced, modified, republished, uploaded, posted, transmitted, or
distributed in any form or by any means without prior written permission
of Dynatech. Dynatech is a registered trademark. The use of this trademark
without Dynatech express written consent is strictly prohibited.The absence
of a product name or logo on this web site does not constitute a waiver of
the Dynatech trademark or other intellectual property rights concerning that
name or logo. All rights not expressly granted herein are reserved.
Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in criminal
or civil penalties. |
|
|
|
