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General Conditions

1. Terminology
In these general conditions shall apply:
User: SAVE-MII, registered office in Utrecht (Chambre of Commerce file number: 50745751)
Buyer: any natural or legal person with a user enters or has entered into contract agreement means any agreement whereby business users and / or rights, including use, supplies and / or services to customer
 
2. Applicability
2.1 These general conditions apply to all offers of user and any legal relationship between user and customer.
2.2 This version of terms and conditions replaces earlier versions of the General Conditions.
2.3 The terms used by the customer are not applicable.
2.4 User is entitled to unilaterally change these terms and conditions. Changes are in one months after publication or date specified by written notice or a notice on the user website, if the customer changes the terms and conditions or do not wish to accept this until the date of commencement of the changes, the legal agreement can be cancelled by registered letter at which the amended terms take effect, after the date of effect it is considered the customer - silently - have accepted the changes.
 
3. Offers and prices
3.1 All offers are subject made by user, user is always entitled to rescind offers.
3.2 Each description is not intended to represent that things need to answer them.
3.3 All prices are excluding VAT and other taxes which are imposed by the government unless otherwise indicated. 
 
4. Delivery
4.1 If a delivery time is stated it will only apply as a guide or indicator. The customer may make a delivery period not derive at any rights unless expressly agreed otherwise.
4.2 The customer is kept to check for defects immediately after delivery.
4.3 The customer can no longer do that if it has not met the contract if the recipient user thereof within fourteen days after delivery states of written notice.
 
5. Risk
5.1 The risk is transferred to the buyer after the user has tried shipping to the address specified by the buyer to deliver.
5.2 If the customer chooses not registered or insured shipping, the user is not liable for loss or damage to the following for the third transmission wich were offered.
5.3 If the transport of the goods takes place by or on behalf of the buyer, the risk passes to the buyer once the cases is out of the power of the users concern.
5.4 The risk also goes to the customer after user has indicated customer that the business user or others available to the customer are kept.
 
6. Payment
6.1 Unless otherwise agreed in writing, the payment of fourteen days is starting from the invoice date.
6.2 In the absence of payment within the payment period, the supplier without further (written) will be in default.
6.3 After expiry of the payment, the customer on the amount outstanding has two percent (2%) monthly interest due.
6.4 After expiry of the user without further payment is (written) notice of default or notice right out of court collection action. User is entitled to those measures involved costs from the customer. The extrajudicial costs are set at fifteen percent (15%) of the owed unless these costs are higher.
6.5 After expiry of the user without further payment is (written) notice of default or notice is entitled to take legal action. User is entitled to the costs involved with integral action, thus any deviation from standard court fee, will be claimed on the customer.
 
7. Imputation and settlement
7.1 Payments always serve in the first place to pay any interest and costs and in the second place of outstanding invoices for the longest time, even if the client indicates that the payment relates to a later invoice.
7.2 Deduction of any claim which the buyer user may have been excluded.
7.3 It is the customer without prior written consent of the user does not perform any action that the recipient user may have to encumber or dispose.
 
8. Penalty
8.1 Upon any failure to perform any obligation towards the customer user, the buyer forfeits without further notice or notice immediately is not a viable mitigation penalty equal to twenty percent (20%) of the monetary value of the liability.
 
9. Retention
9.1 User shall retain ownership of the business up for these cases that the agreed price is paid in full.
9.2 Until the agreed price is paid in full, the customer is not allowed to dispose of goods delivered or to encumber them in any way.
 
10. Liability
10.1 The user's liability is limited to direct, physical damage caused by a failure attributable to her, and up to an amount equal to the sum of the buyer under contract to the user paid or payable amounts.
10.2 User's breach in the execution of an agreement with buyer whenever suffered by the buyer is not liable for indirect or consequential damages, including in particular and not only lost profits, revenue and income understood and therefore not to compensate for such damage taken.
10.3 User shall not be liable for damages that may arise in the business of the customer through installation of modification chips supplied by user or by user or due to modification work to get to.
10.4 Damages for which users can be held liable, shall as soon as possible within fourteen (14) days after its occurrence to be reported in writing to the user. Damage not reported within that period, is not recoverable.
 
11. Termination
11.1 User shall at all times, by execution of an agreement to suspend or terminate at any time as evidence that the negligent customer continues to meet its obligations to the users, even if the recipient of this commitment on a contract other than those which user suspends performance or that the user decomposes.
11.2 User shall be entitled to the contract without notice and without judicial intervention with immediate effect if the customer is declared bankrupt, suspends payment to, bankruptcy or provisional suspension of payment or arrangement made to punish her creditors to avert them, there is attachment, the customer is placed under guardianship, the debt the individual has sought or if he otherwise the power to dispose of its assets or part thereof.
 
12. Disputes
12.1 The legal relationship(s) between user and customer are governed by Dutch law.
12.2 Disputes arising from legal relationship(s) between user and buyer shall be brought to the Court of Utrecht notwithstanding the foregoing, the user remains free to submit disputes to the competent court according to law.
 
Last Modified: Zeist, 06 November 2009 
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