general 

conditions

 
Article 6 (Delivery)
We are obliged to observe the agreed delivery times as much as possible, but for the delivery of goods that have not been delivered within the agreed term, we are entitled to a subsequent delivery term of 14 days, starting on the day after we have received a written reminder for delivery from the other party. Delivery takes place ex warehouse. We are entitled to deliver in parts, which we can invoice separately; the payment terms as stipulated in art. 14 of these terms and conditions also apply to these invoices.

Article 7 Transport
Unless otherwise agreed, we determine the means of transport and the transport routes, without being responsible for choosing the fastest and cheapest option. Unless otherwise agreed, the transport costs will be charged to the other party.

Article 8 Retention of title
We shall remain the owner of all items sold by us until the counterparty has paid the consideration for the items delivered or to be delivered by us under the agreement or for the work performed or to be performed for the benefit of the counterparty under such an agreement, as well as until the claims due to failure to comply with such an agreement have been settled. The counterparty shall not be entitled to pledge the items in whole or in part to third parties or to transfer ownership thereof other than in accordance with its normal business or the normal destination of the items before full payment has been made. In the event of processing or mixing of the items delivered by or at the counterparty, we shall acquire co-ownership of the newly created (items), or the main item, for the value of the (original) items delivered by us. In the event of non-payment of an amount due, suspension of payment, suspension of payment, application for suspension of payment, bankruptcy, application for bankruptcy, placement under guardianship, death or liquidation of the other party's business, we shall have the right to cancel the agreement or the part thereof that has yet to be delivered without notice of default and without judicial intervention and to reclaim the possibly delivered but not or not fully paid for as our property, offsetting any amount already paid, without prejudice to our rights to claim compensation for any loss or damage. In such cases, any claim that we have on the other party shall be immediately due and payable. If we invoke the retention of title, the agreement(s) shall also be dissolved without judicial intervention, without prejudice to our right to claim compensation for damages, lost profits and interest.

Article 9 Complaints
Complaints, which are understood to mean all grievances regarding the condition of the goods at the time of delivery or due to other causes insofar as not otherwise provided for in these conditions, will only be considered by us if they are in our possession in writing within 8 days after delivery of the goods. In addition, external and visible defects must be noted on the consignment note upon receipt. Complaints in the event of acceptance of work, repair or maintenance or arising from any other agreement, will only be considered by us if the other party proves that the defects to which the complaint relates are the result of an inaccuracy in the work carried out by us and the complaints are in our possession in writing no later than six weeks after delivery. An inaccuracy in the work carried out by us can never be said to exist if and insofar as we had to rely on data, draGrand Piano's, calculations etc. that did not originate from ourselves when carrying out our work or if the condition of the objects to be processed was unsuitable for the work ordered. Complaints can only be considered if the goods are still in the condition in which they were delivered. In case of doubt, the other party will have to prove that this is the case. Returns are only permitted after prior consultation and provided that they are accompanied by a return advice, stating the reason for the return and the date and number of the invoice with which the goods were invoiced. If a complaint is found to be justified by us, we can at our discretion repair, replace or compensate the other party for the goods to which the complaint relates, excluding any other right of the other party to compensation. A complaint does not suspend the payment obligation.

Article 10 Warranty
On the items delivered by us, insofar as they are obtained from third parties, we do not give a guarantee that is greater than that given to us by our suppliers. Unless otherwise agreed, no guarantee is given on any items delivered that were not (essentially) new at the time of delivery. If we replace items or refund the purchase price for them in order to meet our guarantee obligations, the items in question become our property. Our guarantee obligations shall lapse immediately in the following cases: If the other party carries out or has repairs or changes carried out during the guarantee period without our prior consent. If the other party does not meet its payment obligations. The other party does not have the right to refuse payments on the grounds that we have not, not yet or not fully met our guarantee obligations.

Article 11 Non-attributable non-compliance
Non-attributable non-performance is understood to mean: Any circumstance beyond the control of the parties or unforeseeable, as a result of which the other party can no longer reasonably expect us to perform the agreement. 2. Non-attributable non-performance is understood to mean in any case: Strike, excessive absenteeism due to illness of our personnel, transport difficulties, fire, government measures, including in any case import and export bans, quotas and business disruptions at our company or at our suppliers, involuntary disruptions or obstacles that make the performance of the agreement more expensive and/or more difficult, such as storm damage and/or other natural disasters as well as attributable non-performance by our suppliers, as a result of which we can no longer meet our obligations towards the other party. 3. If a situation of non-attributable non-performance occurs, we are entitled to suspend the performance of the agreement or to terminate the agreement definitively. 4. We are entitled to claim payment for the services provided in the execution of the relevant agreement before the circumstance that results in non-attributable non-performance became apparent. 5. We are also entitled to invoke non-attributable non-performance if the circumstance that results in non-attributable non-performance occurs after our performance could have been delivered.

Article 12 Liability
Except in the event of intent or gross negligence on our part or on the part of our subordinates, which can be proven by the other party, we are not liable for any damage, in whatever form and whether direct or indirect, which could be the result of the use or unsuitability of the goods delivered by us. Furthermore, we are not liable for damage that occurs because the sold/delivered goods and/or installations do not meet the statutory or other government requirements set or to be set for the use of these goods and/or installations. Without prejudice to the provisions in the above sections of this article, our liability for damage is limited to an amount equal to the net invoice value of the goods concerned. If we could invoke the provisions in this article, our employees who may have been held liable can also invoke this, as if they were themselves party to the agreement.
 

Article 13 Indemnification
The other party is obliged to indemnify us and compensate us for all costs, damages and interest for which we may be held liable by third parties as a result of the performance of the agreement by us.

Article 14 Payment
Unless otherwise agreed in writing, payment must be made net, in cash, upon delivery without any discount or debt settlement or by means of deposit or transfer to a bank or giro account designated by us before the delivery date. Notwithstanding the provisions of section A of this article, repair orders will only be carried out against payment of the amount due in this respect before or simultaneously with delivery. All payments must be made at our office or into an account designated by us. Payments must be made in the currency in which the agreed prices are expressed. Each payment by the other party primarily serves to settle the interest owed by it as well as the judicial and extrajudicial costs, as determined in the following articles and is then deducted from the oldest outstanding claim. The other party will be in default by the mere expiry of the aforementioned payment date; notice of default is not required for this purpose.

Article 15 Interest
If a longer credit period than 8 days is agreed to or is taken incorrectly, the counterparty is liable to pay interest on the invoice amount from the invoice date. This interest amounts to a percentage equal to 4% above the statutory interest. Each time after the end of a year, the amount on which the interest is calculated is increased by the interest due for that year.

Article 16 Costs
All judicial and extrajudicial costs that we have to make in connection with non-compliance/default of the other party, are for their account. In case of late payment, the extrajudicial collection costs will amount to at least 10% of the amount to be collected with a minimum of 250 Euro.

Article 17 Applicable law
All agreements between us and the other party shall be governed exclusively by Dutch law. The applicability of the Uniform Laws concerning the international sale of movable tangible property is expressly excluded.

Article 18 Competent court
Any disputes that may arise between us and the other party in connection with any legal relationship falling under the validity of these terms and conditions will, if they fall within the jurisdiction of the District Court, in the first instance be settled exclusively by the District Court of Amsterdam.

Article Bol piano &vleugel BV is not bound by its offer if there are printing, typographical or programming errors in its catalogues, mailings or on the Website.