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General Conditions

 

GENERAL CONDITIONS OF SALE AND DELIVERY OF OK SOLUTIONS
A. DEFINITIONS
In these general conditions, the following definitions shall apply:
1. OK Solutions: user of these conditions;
2. The other: any natural or legal person who buys a product from OK Solutions or gets in touch with
OK Solutions about;
3. Command: the command of the other party to OK Solutions to delivery of products, in any form
whatsoever;
4. Agreement: the agreement towards the other party connects up with OK Solutions delivering products;
5. products: all implementations of an agreement by the other party to be delivered by OK Solutions or
delivered (used) machines.

 

B. GENERAL

1. These conditions apply to all offers of OK Solutions to the other party, the other party to on all
commands of OK Solutions and to all agreements between OK Solutions and the other party, unless
otherwise agreed expressly and in writing.
2. By way of derogation from these conditions can only be agreed in writing.
3. Any purchase or other conditions of the other party, under what name, do not apply.
4. Should any provision in these conditions be void or destroyed, the validity of the remaining provisions
of these conditions. Void or nullified provisions will be converted into valid provisions, which as far as
possible the purpose and intent of the original provisions are respected.

C. OFFERS

1. All offers are without engagement, unless otherwise expressly of OK Solutions is listed and have a
validity of 30 days after the date.
2. An offer can be withdrawn by OK Solutions and/or be replaced by a new listing.

D. AGREEMENT

1. An agreement is established if the mandate in writing or otherwise is accepted by OK Solutions.
2. Verbal commitments by and arrangements with subordinates of OK Solutions bind OK Solutions not
then after and insofar as they are confirmed in writing by OK Solutions.
3. Agreements are entered into under the suspensive condition by OK Solutions that the other party
sufficiently credit worthy.
4. OK Solutions is entitled prior to the execution of the agreement of the other party to require certainty.

E. SAMPLES and MODELS
1. Is a monster, to the other party by OK Solutions model or photo displayed or provided, this sample,
model or photograph to deliver only as indication of a suspect product to be supplied and does not need
to supply product to match the votes, unless otherwise agreed expressly and in writing.

F. PRICES
1. Prices are exclusive of sales tax and other government charges on the sale and supply falling.
2. In case the other party is established in a country outside the European Union will OK Solutions to the
other party no to turnover taxes, provided that the other party the transport documents and the in-and
output documents within 30 days after delivery of a product to OK Solutions returns. If the other party
defaults, this will OK Solutions are entitled to the other party so to charge sales tax.
3. OK Solutions has the right to, if the price is expressed in a currency other than the Euro, a rise in the
value of the Euro against other currencies, the price of this proportional increase.
4. Costs of transport by OK Solutions are not included in the price and will be charged separately, unless
otherwise agreed expressly and in writing.

G. DELIVERY PERIODS
1. Delivery periods begin to run on the day that a mandate in writing to her or OK Solutions otherwise
accepted, being after receipt of returned by other party for agreement signed and complete order
confirmation and receipt of full (part) payment on her account.
2. Delivery periods be suspended as long as the other party does not have the required security has been
lodged by OK Solutions.
3. Delivery times are indicative and are therefore never be regarded as deadlines, unless otherwise agreed
expressly and in writing. OK Solutions will therefore never in default than in writing by the other party
is in default after they asked, taking her a reasonable period is given to the agreement.
GENERAL CONDITIONS OF SALE AND DELIVERY OF
2 van 3 januari 2006

H. DELIVERY
1. Products from the warehouses and/or storage places of OK Solutions delivered, unless otherwise agreed
in writing.
2. The other party is obliged to take the products at the moment OK Solutions makes available to her at
the time when the products are delivered to her.
3. If the other party in default after notice of default remains the products to take off, they will be stored
for its account and risk.

I. PROPERTIES
1. Products are delivered in the State in which they are located upon the agreement.
2. OK Solutions does not warrant that the products at the time of delivery without defects and/or
shortcomings. The other party accepts explicitly that the products defects and/or shortcomings may
have.
3. OK Solutions does not warrant that the products meet the relevant (Safety) regulations. The other
party accepts explicitly that the products may not meet (Safety) regulations.

J. transfer of risk
1. Shortly after products have been delivered to the other party by OK Solutions or by OK Solutions are
made available to the other party, they are for the account and risk of the other party.

K. Reclamations
1. Complaints in respect of the products must be made in writing within 8 days after delivery, any claim
against OK Solutions when crossing any term in this respect expires.
2. Reclamations must be made in writing in respect of invoices within 8 days after the other party has
received the invoice.
3. In the case of justified complaints within a reasonable period OK Solutions will restore or replacement,
at the discretion of OK Solutions. Costs of disassembly and Assembly and travel and subsistence costs
of staff of OK Solutions are for the account of the other party.
4. Legal claims in respect of the products delivered by OK Solutions serve under penalty of forfeiture,
within 1 year after delivery to be set.
5. Suspend the payment obligation of the other party not Commercials.

L. LIABILITY
1. The liability of OK Solutions and her subordinates for the products delivered by OK Solutions is limited
to the obligation set out in Article K 3, unless there is intent or gross negligence of OK Solutions.
2. The liability of OK Solutions for its products supplied is in any case limited to the direct damages from
the other party.
3. Liability of OK Solutions for its products delivered amounts up to the amount in respect of the products
delivered at OK Solutions the other account has brought or will bring.
4. OK Solutions shall never be liable for indirect damage from the other party, including consequential
damages, lost profits, lost savings and damage by business stagnaties.
5. Any individual, non-contractual liability of staff of OK Solutions or of third parties is expressly excluded
by OK Solutions.
6. OK Solutions is not liable for any damage resulting from normal wear and tear, improper use or
treatment or incorrect maintenance. OK Solutions is also not liable for any damage that occurs after
changes or repairs by or on behalf of the other party itself, as well as for damages caused by non
compliance with regulations.

M. INDEMNIFICATION
1. The other party indemnifies OK Solutions and her subordinates against all claims of third parties which
directly or indirectly, indirectly or immediately, with the implementation of the agreement.

N. PAYMENT
1. Payment by the other party shall be made in euro, unless otherwise agreed.
2. The other party has no right to discount, offsetting or suspension.
3. If payment is not made as agreed, the other party will be in default by operation of law. The other
party will then owe interest of 2.0% to OK Solutions per month from the date of the onset of failure
until the day the overall satisfaction.
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GENERAL CONDITIONS OF SALE AND DELIVERY OF
4. All judicial and extrajudicial (collection) costs of OK Solutions are for the account of the other party. The
extrajudicial collection costs are set at 15% of the principal amount owed by the other party to
OK Solutions, with a minimum of 225 euros. OK Solutions may claim to reimbursement of her actual
judicial (collection) costs.
5. Payments made by the other party to pay the interest due and first stretch cost and then of invoices
that are open for the longest time, even though it mentions the other else.

O. RETENTION of TITLE
1. As long as any amount from any of the other OK Solutions under than also has to be recovered, it
retains the ownership of itself by its OK Solutions products delivered for. The property will only pass on
the other party, after all that the other party to OK Solutions is owed, including interest and costs, is
fully met.
2. If the other party fails to pay any amount due to OK Solutions is and will immediately are
entitled to those products in respect of which the ownership has reserved itself immediately
OK Solutions to, where it is also allowed. The cost of repatriation shall be borne by the other party.
3. The other party is not entitled to the products, which has reserved the property themselves,
OK Solutions to alienate or encumber.

P. FORCE MAJEURE
1. If OK Solutions as a result of force majeure its obligations from the agreement not or not timely fulfil its
obligations may be entitled to suspend Solutions is OK and is not liable for compensation of any
damage OK Solutions to the other party.
2. Force majeure shall mean any circumstance beyond the power of landscape, making fulfilment without
shortcoming OK Solutions is not possible, economically or otherwise reasonably impossible of fulfilment
is not reasonably OK Solutions can be expected.
3. In any event, be regarded as force majeure illness of staff, stagnation or delay in suppliers, delays
during transport or the importation of the products to be supplied, restrictive government measures of
whatever nature, fire, sabotage, war, strike, company occupation and seizure.
4. If OK Solutions to deliver to the other party still a product of a third should be delivered, it won’t
(timely) can deliver the product by OK Solutions due to the fact that the product was not delivered
(timely) OK Solutions Gets the third, apply as force majeure.
5. If OK Solutions invokes force majeure for a period longer than two months are both OK Solutions as the
other party, without prejudice to article Q competent to dissolve the agreement in whole or in part, by
written communication to the other without for compensation for damage to be held.

Q. DISSOLUTION
1. If the other party one or more of its obligations, not timely or not properly, is declared bankrupt,
(provisional) suspension of payments, proceeds to liquidation of its business, and when borne of her
herd, has OK Solutions the right to suspend the execution of the agreement or the agreement without
prior notice to terminate, in whole or in part, by a written declaration, one and other to her choice and
still retaining its right to reimbursement of costs and any damage attributable.
2. In the event of partial dissolution can not claim the other party already cancelled by performance and
the other held did OK Solutions to payment of the hitherto already by OK Solutions carried out
performance.
3. Dissolution of the agreement on the grounds that one or more of its obligations, the other party does
not, not timely or not properly fulfilled, will the other party a immediately payable fine on OK Solutions
of 20% of the purchase price are payable, without prejudice to the right of full compensation and
reimbursement of OK Solutions interest and costs referred to in article N.

R. APPLICABLE LAW
1. To all offers and agreements to which these conditions apply, is at exclusion Dutch law applies.
2. Do not apply and the Vienna Sales Convention is expressly excluded.
S. DISPUTES
1. As far as not belonging to the competence of a District Court, all disputes between OK Solutions and
the other party in the first instance only be tried by the District Court, the Hague.
These conditions are registered at the Chamber of Commerce in Zaandam, January 2006.