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Nederlands Engels

General terms

PROM’ES b.v., General Terms & Conditions,
Polderweg Oost 14, NL-2973 AN Molenaarsgraaf, The Netherlands.
Chamber of Commerce in Rotterdam nr. 23077870

1. General
PROM'ES works on an equal basis with her relationships. The key words with all our transactions are honesty, accuracy and reasonably. Based on this, we do our business and in that light we also consider these terms of sale. If, nevertheless, disagreement arises about the quality or handling of a transaction, PROM'ES will above all try to discuss things in an openly matter to resolve the issues raised. If this fails, the dispute will be submitted to a mediator or court.

2. Applicability
These terms and conditions apply to all transactions between PROM’ES b.v. and her customers. They relate tot he delivery of goods, services and (partial) processing of goods or services at the request of our customers. We consider any additional purchase terms not applicable. If our customers find that additional matters need tob e agreed upon that are not covered by these terms, they must be notified in advance and agreed upon seperately.

3. Quotations
Quotations or offers are made by PROM'ES as carefully as possible, but are only mandatory if PROM'ES has accepted the order for delivery of offered goods or services. If PROM'ES has made designs or concepts, the ownership/copyright of these designs stays with PROM'ES, even if our customer is not accepting our offer. In that case, the customer may not use any of the designs, samples or proposed solutions made by PROM'ES.

4.Conclusion of agreements
A deal is only valid for PROM'ES once we have officially accepted it.

5. Prices and security
Prices are always excluded from sales tax, packaging costs and transportation (including any taxes and other external official charges) unless clearly stated otherwise. If, between the realization of the agreement and the actual delivery, circumstances occur beyond the immediate influence of PROM'ES that have a cost raising effect, PROM'ES will discuss this with the customer. If this consultation does not lead to a solution, PROM'ES can terminate the agreement on the basis of force majeure without entitlement to compensation for the purchaser.

6. Delivery, transport and transport risks
Deliveries are always ex-warehouse. If, in the agreed delivery time and cost price, transport is included, then PROM'ES will do whatever is reasonable to achieve that term. The risk of- and during the actual transport process are always for the customer's responsibility.

7. Complaints and returns
Any complaints about the delivered goods, services or (partial) processing of goods must be reported to PROM'ES as soon as possible after receipt of the goods or services. We will always try - even if the problem is not caused by PROM'ES itself - to repair or to solve these complaints. This is also applicable to incomplete deliveries. In addition to this, if there are complaints, this does not mean payment can be delayed. Possible returns must be discussed in advance before returning the actual goods to PROM’ES.

8. Liability
The damage, to which PROM'ES may be held responsible, is the maximum order value of the goods or services provided by PROM'ES. Other damage, in whatever possible form, including possible loss of income, arising from improper design, -production or -delivery (including late or incomplete delivery by third parties) or any other cause, is for risk and account of the buyer. The risk of products, components and semi-finished products that are kept in PROM’ES stock on behalf of her customers is the full responsibility of the customer. For products or productions of PROM'ES where personal data are used or collected, the responsibility for the Personal Data Protection Act lies with the customer.

9. Retention of ownership
Ownership of goods and services supplied by PROM'ES will only be owned by the customer when fully paid.

10. Payments
Unless agreed otherwise, payments must be made within 30 days after the invoice date. In addition, if payment of the invoice is pending, any costs for payment collection will be at the risk and account of the buyer. This also applies to the legal interest charged by PROM'ES.

11. Force majeure
If PROM'ES, by force majeure, for any reason, cannot comply, fully or in time, with the agreement, PROM'ES is entitled to cancel the agreement in full or partially without any right for compensation for the buyer.

12. Special productions
If PROM'ES provides or produces products for the customer that are designed and manufactured specifically for the customer, the customer accepts minor variations in color, result and sizes. PROM'ES may deliver 1% extra or less (or different when agreed upon) than the quantity ordered by the customer. When special productions need the use of logos, special fonts, etc. from third parties, the responsibility for the use of this lies with the customer. The customer must ensure that these may be used for the productions by PROM’ES and accepts the third party's liability in the event of a dispute.

13. Cancellation
When buyer wishes to cancel an order, PROM'ES will cooperate reasonably and according to the legal regulations. Orders that are specially produced for a buyer can only be canceled if production has not yet started. Any costs incurred by cancellation will be charged by PROM’ES to the buyer.

14. Dispute Settlement
All disputes of any kind related to- or arising from agreements between PROM’ES and her customers will be proposed to legal court in the Netherlands.

Click here to download our General Terms & Conditions.

Molenaarsgraaf, the Netherlands, May 10, 2017
B. den Ouden