TWP Computers B.V. - Amsterdam - NL

TWP Computers: General Terms and Conditions

The words "we", "us", "our" and so on shall be taken to refer in these General Terms and Conditions to TWP Computers.
These Terms and Conditions shall apply to all offers made and transactions carried out by TWP Computers. The application of any other Terms and Conditions is strictly excluded, except where these are expressly accepted in writing by TWP Computers.
The stipulations of these Terms and Conditions shall not apply where they are now or later in conflict with any existing or future legislative requirement. Where any stipulation becomes invalid on these grounds, then the legislation most favourable to ourselves shall come into effect, while all other stipulations shall continue unabated in force.
All our offers are without obligation. Where a period of validity is specified in any offer, this period shall be binding solely upon the purchaser. We may revoke any offer within 2 days of receipt of its acceptance.
Subject to the option of revocation specified in the preceding section, an agreement shall come into effect at such time as TWP Computers have received a timely acceptance, in writing, by telephone or by email. An agreement shall also come into effect when TWP Computers deliver goods in accordance with the associated delivery note/invoice.
The content of brochures, printed matter etc shall not be binding upon TWP Computers, unless express reference is made to this content in the agreement.
Unless expressly otherwise agreed, our prices shall apply ex our stores at the time of delivery, and all transport costs, insurance costs and any other costs incurred shall be borne by the purchaser.
TWP Computers shall be entitled to pass on any reasonable rises in costs. In this event we will notify the purchaser accordingly in writing or by telephone.
Deliveries will be made by post, or by courier if so agreed.
All stated delivery charges apply only within the Netherlands. Different charges will apply to consignments sent outside the Netherlands.
TWP Computers reserve the right to despatch part orders, without prior consultation with the purchaser.
Payment may be by cash on delivery, or in advance, or on account.
TWP Computers reserve the right to determine which method of payment will be adopted.
Where orders are delivered on account, payment shall be made within 14 days of signature for receipt, unless otherwise agreed. Administration costs will be charged in the event of late payment.
Where the purchaser is in default in meeting his obligations, all reasonable extrajudicial costs of recovery shall be borne by the customer. Where the customer remains in default in making timely payment of a monetary sum, then he shall incur a penalty, payable immediately, of 15% of the outstanding amount, with a minimum penalty of € 50.
In the event of late payment or failure to make payment, as well as in the event of cessation of payments, bankruptcy, an arrangement under the Dutch WSNP laws or the liquidation of the purchaser's business, TWP Computers shall have first call on any goods in the purchaser's possession, whether paid for or not. The purchaser shall be required to make such goods available to TWP Computers. The total amount payable by the purchaser, increased by administration fees and other charges, shall be payable immediately, while we shall be discharged of any obligation to the purchaser, and the latter shall be liable to pay damages to ourselves.
We shall be entitled to recover our goods where payment is not made in full on the due payment date, without any requirement for notice of default. The purchaser hereby authorises us to the extent necessary to enter areas where these goods are stored.
All goods delivered by ourselves, regardless of their location, shall remain our property until such time as the purchaser has made good the purchase price, increased where applicable by interest and costs and all our other entitlements connected to his shortfall in compliance with the agreement.
For such time as he fails to satisfy the above-mentioned claims, the purchaser shall not be entitled to exercise a right of lien or a right of non-possessory lien over goods delivered by us, and hereby undertakes at our first request to declare to any third party wishing to exercise such a right over such goods that he is not entitled to exercise such a right of lien or right of non-possessory lien.
In the event that the purchaser creates new goods using goods delivered by us upon which a right of retention of property rests, then he shall be deemed to be acting on our behalf during that creation, and will be deemed to be holding those goods on our behalf. He shall only be deemed to take ownership at such time as the right of retention of property lapses by virtue of the satisfaction of all our claims.
TWP Computers reserve the right to refuse to supply customers, without stating reasons.
A guarantee of one year will apply to all items supplied by TWP Computers, unless otherwise specified.
Damaged goods must be returned within 3 days, accompanied by a copy of the invoice. TWP Computers will then arrange for replacement of the article or restitution of the purchase sum. The costs of returning the consignment to TWP Computers shall be borne by the purchaser.
TWP Computers reserve the right to determine the period for replacement of an article or restitution of the cost of an article. However this period will amount to 2 calendar months as a maximum.
TWP Computers shall not be liable for damage to any article due to improper use, incompatibility or wear. TWP Computers shall be liable for damage to articles arising from manufacturing defects or defects in materials.
TWP Computers shall not be liable for damages to other goods caused by the use of articles delivered by TWP Computers, regardless of how caused.
The law of the Netherlands shall apply to all agreements. Any agreement to which these General Terms and Conditions apply, whether directly or indirectly, shall be subject to the law of the Netherlands.
The District Court in the district where the client is resident shall be entitled to take cognisance of any dispute, except where the Canton Court is so entitled. Notwithstanding the foregoing, TWP Computers shall be entitled to bring any such dispute before the Competent Court.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply, neither shall any other international legislation where exclusion is permitted.
These General Terms and Conditions shall come into effect as of 1 February 1999, and are registered with the Chamber of Commerce at Amsterdam under reference number 3790. Copies are also available from our offices at Amsterdam.