Terms of delivery

Article 1: Definitions

In these terms and conditions of delivery the following definitions apply:

DELIVERY CONDITIONS SPIVERON DESIGNS

  1. Client: the natural or legal person who has instructed the supplier to manufacture goods or to carry out work;
  2. Supplier: the natural or legal person who has accepted the assignment as referred to under a or has submitted a quotation or offer prior to a possible assignment:
  3. Information carriers: means intended for recording, processing, sending or multiplying or making public texts, images or other data using equipment, in the broadest sense of the term

Article 2: General

  1. These terms and conditions of delivery apply to the conclusion, content and fulfillment of all agreements concluded between the client and the supplier.
  2. General (purchasing) conditions of the client only apply if it has been expressly agreed in writing that they will apply to the agreement between the parties to the exclusion of these delivery conditions.

Article 3: Quotations, offers

  1. Merely issuing a quotation, budget, preliminary calculation or similar communication, whether or not referred to as a quotation, does not oblige the supplier to conclude an agreement with the client.
  2. Offers from the supplier are always without obligation and can only be made without deviations. An offer is in any case deemed to have been rejected if it has not been accepted within one month. An offer is understood to mean a proposal made to the supplier to enter into an agreement, which is determined in such a way that acceptance immediately creates an agreement.

Article 4: Cancellation

  1. The client is entitled to cancel an agreement before the supplier has started the execution of the agreement, provided that he compensates the damage caused to the supplier as a result. This damage includes the losses and lost profits suffered by the supplier and in any case the costs that the supplier has already incurred in preparation

has made, including reserved production capacity, purchased materials, services requested and storage.

  1. Cancellation of agreements for the production of periodic productions is not permitted

Article 5: Price

  1. All prices quoted are exclusive of sales tax (VAT) and other government imposed taxes
  2. The price quoted by the supplier for the performance to be performed by him applies exclusively to the performance in accordance with the agreed specifications.
  3. With composite offers there is no obligation to deliver part of the total performance in return

the amount stated for this part in the offer or at a proportionate part of the price stated for the whole.

  1. If no price has been agreed between the parties, but the parties have concluded one or more agreements with the same or virtually the same content in a year prior to the agreement, the price will be calculated on the basis of the production methods used and the calculation rates applied.
  2. If no price has been agreed between the parties outside the application of the provisions of the previous paragraph of this article, if a price has only been given as an estimate or if the agreed price can be changed under these general terms and conditions, the price or the change will be determined at an amount considered reasonable in the graphics industry.

Article 6: Price changes

  1. The supplier is entitled to increase the agreed price if one or more of the following circumstances occur after the conclusion of the agreement: increase in the costs of materials, semi-finished products or services required for the execution of the agreement, increase in shipping costs, wages, employer social insurance contributions, costs associated with other employment conditions, introduction of new and increase of existing government levies on raw materials, energy or residuals, a significant change in currency exchange rates or, in general, circumstances that are comparable .
  2. Extra laborious text, unclear copy, unclear sketches, drawings or models, defective information carriers, defective computer software or data files, defective method of delivery of the materials or products to be supplied by the client and all similar deliveries by the client.

the client requiring the supplier to perform more work or costs than he could reasonably expect when entering into the agreement are grounds for increasing the agreed price. Also extraordinary or reasonable

Article 7: Payment term

  1. Unless otherwise agreed, the client must pay the price and other amounts due under the agreement within 30 days after the invoice date, without being entitled to any discount, settlement or suspension. However, payment must be made in cash upon delivery if the client is a natural person who does not act in the exercise of a profession or business. If payment is not made on time, the client is in default without notice of default being required by the supplier.
  2. In the event of an agreed delivery in parts, after delivery of the first part, the supplier is entitled, in addition to payment for this part, to also request payment of the costs incurred for the entire delivery, such as those of materials specially purchased for this project.
  3. The client is at all times and regardless of the agreed payment conditions, obliged, at the supplier's first request, to provide security for the payment of the amounts to be paid to the supplier under the agreement. The security provided must be such that the claim and any subsequent accruing interest and costs are properly covered and that the supplier will be able to recover them without difficulty. Any security that subsequently becomes insufficient must be supplemented to sufficient security at the supplier's first request.
  4. If the client does not pay on time as referred to in paragraph 1 of this article, he will owe statutory commercial interest on this amount, or if applicable, statutory interest, from the invoice date onwards due to the delay in payment of the amount owed by him. The supplier is entitled to a twelfth part of this interest

to be charged for each month or part of a month in which the client has not fully fulfilled his obligation to pay.

  1. In the event of late payment as referred to in paragraph 1 of this article, the client, in addition to the amount owed and the interest accrued thereon, is obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and

BV proves that it has incurred costs that were reasonably necessary, these are also eligible for reimbursement.

  1. The buyer owes Spiveron Designs the legal costs incurred by it in all instances, unless these are unreasonably high. This only applies if Spiveron Designs and the buyer conduct legal proceedings in relation to an agreement to which these general terms and conditions apply and a court decision is made. becomes final and res judicata whereby the buyer is completely or predominantly found in the wrong.

Article 8: Method of delivery; retention of title

  1. Unless otherwise agreed, delivery will take place at the location where the supplier has its business
  2. The supplier is not obliged to deliver the manufactured goods in parts
  3. The client is obliged to fully cooperate with the delivery of the goods to be delivered by the supplier under the agreement. The client will also be in default without having been notified if he does not deliver the goods to be delivered after the supplier's first request. collects it or, if delivery to his address has been agreed, refuses to accept the goods to be delivered.
  4. Every delivery of goods by the supplier to the client takes place subject to ownership thereof until the client has paid everything he is obliged to do under any agreement, including interest and costs.
  5. If transport of the goods to be delivered has been agreed, this will be at the expense of the client, unless carriage paid delivery has been agreed. The client always bears the risk during transport. Transport also includes transmission of data by means of the telephone network and any comparable transmission using any technical means. The acceptance of goods from the supplier by the carrier serves as proof that they were in good external condition, unless the contrary is stated in the consignment note. or the receipt shows.
  6. The supplier is not responsible for storing the goods to be delivered, unless this has been expressly agreed. If storage takes place, this is at the expense and risk of the client.
  7. The supplier is not obliged to provide the original design files to the customer, unless expressly agreed otherwise.

Article 9: Term of delivery

  1. A delivery term stated by the supplier is only indicative, unless it is expressly stated in writing that it concerns a deadline. Even in the event of an agreed deadline, the supplier is only in default after the client has given him notice of default.
  2. The supplier's commitment to an agreed delivery deadline will lapse if the client wishes to change the specifications of the work or does not comply with the provisions of paragraph 2 of article 7 of these conditions.
  3. During the execution of the agreement, the client is obliged by the supplier to do everything that is reasonably necessary or desirable to enable timely delivery by the supplier, in particular by promptly answering questions from the supplier, prevention of defective deliveries as referred to in paragraph 2 of article 6.
  4. In the event of non-compliance by the client with the provisions of the previous paragraph of this article and of paragraph 3 of article 7, an agreed deadline for delivery is no longer binding and the client is in default without written notice of default from the supplier being required. is. The supplier is then entitled, without prejudice to his rights under the law, to suspend performance of the agreement until the client has remedied this default. The supplier will then execute the agreement within a reasonable period.

Article 10: Examination upon delivery

  1. The client is obliged to investigate upon delivery whether the supplier has properly fulfilled the agreement and is furthermore obliged to immediately inform the supplier as soon as it becomes apparent to the contrary.
  2. The supplier is always entitled to increase the agreed price if new unforeseeable processing difficulties arise from the nature of the materials and products to be processed.
  3. The supplier is entitled to increase the agreed price or obliged to reduce the price if the client makes changes to the originally agreed specifications, including author's corrections or changed instructions after receipt of working drawings, models and typesetting, printing or other instructions. cooperate with these changes within reasonable limits, if the content of the performance to be performed by him or her does not materially deviate from the originally agreed performance.

Article 11: Force majeure.

  1. Force majeure means circumstances that prevent the fulfillment of the obligation

Article 12: Technical requirements etc.

  1. If the items to be delivered in the Netherlands are to be used outside the Netherlands, Spiveron Designs is not responsible for ensuring that the items to be delivered meet the technical requirements, standards and/or regulations set by laws or regulations of the country where the items are to be delivered. This does not apply if use abroad was mentioned when concluding the agreement, accompanied by all necessary data and specifications.
  2. All other technical requirements imposed by the buyer on the goods to be delivered and which deviate from the normally applicable requirements, must be expressly reported by the buyer when concluding the purchase agreement.
  3. Color standards in digital files such as RAL, PMS, CMYK are transformed into full-color prints via ripping software. This is an approximation of the color and may deviate from expectations.

Article 13 Warranty

  1. Spiveron Designs applies the warranty period used by the manufacturer/supplier for the delivered goods. The warranty does not apply to: scratches, scrapes, weather influences on the material.
  2. If the item shows a design, material or manufacturing defect, the buyer is entitled to repairs. Spiveron Designs can choose to repair the item.

The buyer is only entitled to replacement if repair of the item is not possible.

  1. Guarantee for self-adhesive vinyl does not apply if the surface is not dry, smooth and free of silicone (paint).
  2. The warranty does not apply if damage is the result of incorrect handling or failure to correctly follow instructions, or if damage is caused by unusual weather conditions.
  3. The warranty also expires if the delivery period specified by the client requires processing processes to be shortened, so that evaporation, drying and hardening of the delivered product cannot be carried out in accordance with processing instructions.
  4. If the warranty concerns a product produced by a third party, the warranty is limited to the warranty given by the relevant manufacturer for that product.
  5. The buyer cannot derive any right from the warranty provisions mentioned in this article before full payment, in accordance with Spiveron Designs' invoice, for the delivered goods has been made.
  6. For goods sold and delivered with a manufacturer's warranty, an importer's warranty or a wholesale warranty, only the warranty provisions set by these suppliers apply.

Article 14: Visualization, printing or other proofs

  1. The client is obliged to carefully examine the type, print or other proofs he has received from the supplier, whether or not at his request, for errors and defects and to return them to the supplier with due speed, corrected or approved.
  2. Approval of the tests by the client constitutes recognition that the supplier has correctly carried out the work preceding the tests.
  3. The supplier is not liable for deviations, errors and defects that have gone unnoticed in tests approved or corrected by the client.
  4. Any proof produced at the request of the client will be charged in addition to the agreed price, unless it has been expressly agreed that the costs of these proofs are included in the price.

Article 15: Changes to the conditions.

  1. Spiveron Designs is authorized to make changes to these terms and conditions. These changes will take effect at the announced time of entry into force. Spiveron Designs will send the amended conditions to the other party in a timely manner. If no time of entry into force has been communicated, changes will take effect vis-à-vis the other party as soon as the other party has been notified of the change.

Article 16: Liability

  1. The liability of the supplier under the agreement with the client is limited to an amount that is proportionate to the agreed price according to standards of reasonableness and fairness.
  2. The supplier is not liable for damage of any nature whatsoever that arises because or after the client has put the manufactured goods into use, edited or processed them after delivery, delivered them to third parties or had them put into use, had them edited or processed, or to third parties
  3. The supplier is furthermore not liable for damage in the form of loss of turnover or reduced goodwill in the client's business or profession.
  4. The supplier is also not liable for damage to material or products received from the client and to be printed, edited or processed by the supplier, if the client has not provided the supplier with a statement of the properties no later than upon entering into the agreement. and the nature of these materials or products and has provided sound information about the preprocessing and the applied processes
  5. Spiveron Designs is not liable for damage to defective surfaces (whether or not caused by third parties) such as car paint or walls/panels, etc.
  6. If the supplier is held liable by a third party for any damage for which he is not liable under the agreement with the client or these terms of delivery, the client will fully indemnify him in this regard and reimburse the supplier for everything he owes to this third party. comply.
  7. In the event of installation work, the client designates an installation location that is free of debris or pipes and marks it with. Any cable and/or pipe breakage is at the risk of the client.
  8. Excavation work must be reported in advance with a click notification
  9. Placing advertisements must be done with municipal permits, without these permits Spiveron Designs

not liable for any consequences.

Article 16: Applicable law.

  1. Dutch law applies to every agreement between Spiveron Designs and the buyer.