Conditions of Use

Terms and Conditions The limited VikingWorldwide Ltd, based in Geelgorslaan 10. 6823 CH Arnhem, the Netherlands Article 1. Applicability 1. These general conditions apply to all offers and all our agreements, whatsoever. In particular, these conditions also apply to our agreements to supply goods to our buyers. 2. Which in these conditions is spoken of "buyer" shall be understood any natural or legal person who, to us in a contractual relationship under a purchase agreement with us, or other agreement to be stated. In particular, the term "purchaser" includes the person whose order and on whose behalf the goods are delivered. 3. The provisions in these general conditions can be waived only and only if and to the extent expressly agreed in writing. 4. If the buyer to (his) General Conditions, the terms of the buyer is not applicable. This is different only if and insofar as the applicability of the terms of the buyer is not in conflict with our terms and conditions, it is only in our Terms and Conditions apply. Any other stipulation in the conditions of the buyer does not detract from this. 5. Where in these terms refers to "supply (of goods)", this also includes the provision of services and activities of any kind. Article 2. Quotations 1. All bids are to be regarded as invitations to the potential purchaser to make an offer. They bind us therefore in no way, unless the offer itself expressly and unambiguously (in writing) to the contrary is provided. The order is given to us as an offer, which only after written confirmation from us (the confirmation) deemed by us to be accepted. 2. Of the offers made by us are part-especially in terms of the previous paragraph -: designs, drawings, models, samples, descriptions, images, etc. and any attachments and documents that relate to our offers. These developments, as well as by us in this regard made tools, our property, our request must be returned to us and without our express written consent may not be copied and / or issued to third parties. Also we reserve all under any existing intellectual and industrial property rights. 3. If the order to which our tender has not within 3 months after the day we took our offer is posted, we can cost us to make our bid were connected, these also include the cost of making in the preceding paragraph tools to the customer charge. Article 3. Conclusion of agreement 1. An agreement with us when we come into existence a written order given to us have accepted. An agreement is deemed to have come at a time when we send the order confirmation. 2. The buyer is in his order, in whatever form given to us, bound for a period of 8 days after the date of the order or (if an oral order issued) after giving the order. A statement from the purchaser that he wishes to cancel his order or modify issued during this period of 8 days, can not prevent an agreement based on the (original) order is established, if we still accept the order / confirmation within this period of 8 days. 3. By us to the buyer send order confirmation is considered the contents of the agreement completely and correctly give. The buyer is deemed by the content of our order confirmation to agree, unless it is within 8 days after the date of our order confirmation to us in writing indicates that he is not the contents. 4. Any additional agreements and / or commitments made and / or made by our staff, or on behalf of us and / or made by other persons who act as representatives are binding only if these agreements and / or authorized to represent commitments by our director (s ) writing. Article 4. Prices 1. Our prices are excluding VAT and unless explicitly agreed otherwise in writing, excluding packaging, transport costs and other expenses. 2. The proposals, contracts and order confirmations prices are based on the time of conclusion of the agreement applicable cost factors, such as exchange rates, manufacturing prices, raw material and material prices, wages and transport costs, insurance premiums, taxes, duties and other government levies. 3. We reserve the right to, if after the date on which the agreement has been reached, but the day of delivery, increases in one or more of the cost factors occur, these increases to the buyer to charge. Furthermore, we have the right to such a case the agreement in whole or in part, to declare dissolved without judicial intervention is required. The latter is also entitled to the buyer, but only if we are within 3 months after the conclusion of the agreement on the view that changes in the cost of an increase in the price stated in the confirmation of results. If the purchaser of this right, he must within 5 days after receipt of the notice by registered mail us to invoke the termination. Article 5. Delivery and delivery deadlines 1. Using our delivery times on the day the agreement has been reached, provided all the information we have for the execution of the order need in our possession. Using our delivery times will never be regarded as deadlines, unless explicitly agreed otherwise in the individual contract. In case of late delivery we must therefore be given in writing. Should - contrary to the above - in the individual contract expressly fined for exceeding the delivery time is agreed, it is not payable if the delay in delivery is due to in Article 10 of these general terms and conditions force majeure. 2. Unless the order confirmation to the contrary, the delivery of goods carriage paid when the invoice amount exceeds € (amount in figures), say: (amount in words) is. Furthermore, the business travel expense and risk of the buyer. Foreign buyers we provide, unless otherwise agreed, from the warehouse. Furthermore, the business travel expense and risk of the buyer. Export and customs clearance by us, but is borne by the buyer. 3. Unless buyers own the business agent shall be sent by us on our opinion favorably with our shippers to choose risk and expense of the buyer. 4. Asks a buyer for the delivery of goods in a different way than usual to take place, we can of the cost to the buyer in charge. 5. If delivery in installments, we consider each delivery as a separate transaction. 6. The buyer is obliged purchased within the agreed time to take off. Failing this, we are entitled to - at our discretion - pursuant to the provisions of article 6:60 Civil Code to require the competent judge us from our commitment to deliver the agreed matters will deliver, or order without prior notice payment purchase price of the part not taken to recover. If the buyer fails to meet its payment obligations, we are entitled to the agreement without judicial intervention to declare dissolved. If the buyer under the above fails the goods are deemed to have been delivered and we will business expense and risk of the Purchaser, against payment of any related costs, save. Article 6. Advertising by the buyer 1. The buyer is responsible for the accuracy and completeness and is responsible for the information he provided us. The buyer must, where it in our offer, or what under Article 2 paragraph 2 part, we provide information, sizes, color fastness and the like, take account of the usual clearances and with small changes in the goods supplied by us. More specifically applies to deviations from the contracted amount, again, the buyer must take into account customary tolerances. The goods supplied by us can call it the description in the order unless and insofar as it concerns small differences in size, quantity differences and changes subordinates. 2. Complaints by the purchaser, which relate to defects in things that are in apparent, should the buyer within 8 days after delivery or within 8 days after the invoice date, if the goods do not meet the buyer (could) be delivered to us for knowledge be. This must be done by registered letter containing a clear and accurate description of the complaint stating the bill, which the goods are invoiced. Copper, a thorough and timely check. 3. Defects at the time of delivery were not apparent, or in a careful and timely control could prove to the buyer within 8 days after it come to light of these defects are notified to us in the manner specified in paragraph 2. 4. Any claim by the buyer against us relating to defects in the goods supplied by us, lapses if: a. the deficiencies in paragraph 2 and 3 above deadlines and / or not in the manner set out there to us have been notified; b. The buyer can not / lack of cooperation regarding an investigation into the merits of the complaint; c. the buyer the goods are not properly drafted, handled, used, stored, or maintained, or things he has used or handled under conditions or for purposes other than by us; d. The application of the use of the play on which the allegations by the purchaser continues; e. in the individual contract specified warranty period has expired or, if such a term is missing, the complaints are uttered after a period of more than 12 months since the delivery time has expired. 5. In disputes about the quality of our goods delivered by us will be a good name reputable agency a binding ruling. Item 7. Liability 1. Only if the warranty obligations in respect of the goods supplied by us not by third parties (eg manufacturers) are taken, may have against us (warranty) claims assert. Our liability is then limited to defects resulting from manufacturing and material defects. 2. In case of advertising, we are, where the merits of advertising, the quality is concerned, we are well established and our liability referred to in paragraph 1 is only obliged to our discretion: a. (free) repair of defects; b. delivery of replacement goods or parts, after receiving the returned defective goods or parts; c. refund of the purchase amount / crediting of the invoice sent to the buyer with dissolved without judicial intervention of the agreement, all to the extent the purchase price, the invoice and the agreement on the defective items relate; d. in agreement with the buyer to pay compensation in another form referred to above. 3. If the buyer without the prior written permission and repairs to the goods and / or modifications carried out / enforce void any warranty obligation on our part. 4. Subject to any obligations to us under the above, we are never obliged to pay any compensation to the purchaser and others, unless there is intent or negligence on our part (by those who hold us liable for the legal means to show) . remains the purchased goods within the agreed time to take off. In particular, we are never liable for consequential or damage, direct or indirect damages whatsoever profits and halt damage included - suffered by the client, his subordinates and with or employed by him or a third party caused by complete or partial ( re) deliveries of goods, delayed or unsound delivery, or failure to deliver goods or the goods themselves. 5. The buyer is not entitled to the matters about which no complaints were motivated to return. Should this occur without valid reasons, then all costs to return shall be borne by the purchaser. We shall be free of the business expense and risk of the buyer to third parties to store. 6. The buyer is obliged to indemnify us against all claims that third parties for the execution of the agreement against us may claim, if the law does not prevent from such claims resulting damage and costs borne by the buyer . Article 8. Retention and security 1. Supplied by us remain our property until such time that full payment of all that the buyer arising from, connected with or arising from goods supplied by us owes us. If we judge it necessary, we have the right of the buyer assurance regarding compliance with its obligations to demand. 2. The buyer is not entitled to the unpaid goods to pledge them to establish possessory pledge or any other business or personal law for them to establish third. 3. Notwithstanding the foregoing provisions of this article, the buyer is permitted to sell the goods to third parties, but this is only part of its normal operations. Then the buyer is obliged to obtain funds immediately to us to transfer, or, if not sold for cash, the acquired assets immediately to us to transfer. 4. If as a result of working or processing by the buyer our ownership resting with the goods delivered by us is lost, the buyer is obliged to immediately benefit of a possessory pledge our attention on the issues arising from the working or processing. 5. We are entitled at any time the doings under the purchaser (or third parties), but our property belong among us to take as soon as we can reasonably assume that the real risk that the buyer does not comply with his obligations . The foregoing is without prejudice to the rights as us arising from the common law: in particular, we reserve the right to the buyer after the affairs of us take for compensation to appeal. 6. The buyer is obliged to reduce the risk of fire or theft in respect of the unpaid goods to insure and at our request to show this insurance. Item 9. Payment 1. Payment must be made in Dutch currency or Euro, unless otherwise agreed, without any deduction or rebate cash on the spot where we are located, or by transfer to one of our designated bank account, in both cases immediately after delivery of the goods , at least within 30 days after the invoice date, all unless otherwise agreed. When paying by bank or giro, the date of crediting our bank account as a band or the date of payment. 2. If the buyer fails to (full) payment, he is in default without any further notice is required. Then we have the right, where if a sufficient nexus exists with the failure of the buyer, the fulfillment of our obligations towards the buyer to suspend, without prejudice to our rights under common law arising. 3. We are also entitled to all future supplies to be made cash payment for delivery of the goods or guarantee for timely payment. Furthermore, we are then entitled to the agreement without judicial intervention, which the buyer then has the obligation to return the goods delivered, or otherwise the obligation to undo the service provided by us, without prejudice to our right to compensation. Does the buyer fails to timely payment, he forfeits to us, or the credit of the seller, without any further notice from us is needed, from the due date until the date of full payment interest at the statutory rate plus 4 % per annum, calculated on the unpaid amount, with interest due and payable immediately without further notice. All with the collection of amounts invoiced costs involved (including the extrajudicial collection costs) shall be borne by the debtor. The extrajudicial costs are at least 15% of the principal with a minimum of € 50, - all excluding VAT. In addition, all adverse effects of exchange rate loss or otherwise of late payment or non payment arising on account of the purchaser, even though copper under the conditions existing in his country fulfill his payment obligations are met, but circumstances beyond his control actions and the transfer have to take place for us adversely. 4. Payments in accordance with article 6:44 Civil Code, first reduce the costs referred to in paragraph 3, then against the interest and finally to the principal and accrued interest. 5. If the financial position of Buyer after the conclusion of the agreement, but before delivery of the goods a significant deterioration, we are entitled to fully or partially refrain from further execution of the agreement, or a change in payment terms to claim. 6. Seller may have claims arising from all transactions to a credit to his choice. Article 10. Force Majeure Force majeure shall mean any circumstance beyond our control such that compliance with the agreement can not be demanded of us (not attributable to shortcomings in the performance). Force majeure means war, unrest and hostilities of any nature whatsoever, blockades, boycotts, natural disasters, epidemics, lack of resources, prevention and disruption of transportation facilities, disruptions in our business, import and export restrictions or prohibitions, obstructions caused by measures, laws or best lutes of international, national and regional (government) bodies. If we force majeure our duty to supply, not properly or timely comply, we are entitled to the contract or the unfulfilled portion as dissolved, or for a fixed time to suspend, at our discretion. In case of force majeure, the buyer can not speak for damages. Article 11. Governing Law The offers made by us and all our agreements only Netherlands law. Article 12. Dispute All disputes of any kind related to / resulting from our agreements and our supplies will be judged by the competent court in the Netherlands. The limited VikingWorldwide Ltd, based in geelgorslaan 10, 6823 CH Arnhem, the Netherlands