GENERAL TERMS AO Core BV
1. applicable conditions
1.1 These conditions apply to all AO Core BV (hereinafter referred to
as " Applied Orange" ) , offers made and all closed
agreements between Applied Trading Netherlands and a Customer ( hereinafter "Customer" )
on the supply or provision of
goods , unless expressly agreed otherwise . Deviations or additions to these
General Terms and Conditions require express written consent of
Applied Orange .
1.2 The applicability of any purchase or other (general ) conditions
Customer is explicitly rejected .
1.3 If any provision of these Terms and Conditions at the discretion of
jurisdiction do not apply or contrary to public policy or the law,
the provision will only be considered not written but will
other provisions contained in these General Terms and Conditions
remain in full force and effect.
1.4 If Applied Orange not always strict compliance with these conditions
, this does not mean that its provisions would not apply, or that
Applied Orange would lose in other cases the right to any degree
to demand . strict compliance with the provisions of these conditions
2. Bids and offers : conclusion of agreement
2.1 Unless an offer of Applied Orange expressly valid
mentions , is an offer of Applied Orange obligation and is a
binding agreement only established after written confirmation by Applied Trading
Netherlands of an order or confirmation of the Customer. The accompanying an offer images , drawings, dimensions , weight, etc. shall be construed as an approach unless Applied Orange
explicitly stated that they are considering . as an exact quote
3.1 Sale and supply of goods carried out at the time of
conclusion of the contract by Applied Orange used
3.2 All prices are exclusive of VAT by Applied Orange
in connection with the contract is due. The sales tax is separately
charged. The prices are exclusive of any other government
levies imposed and exclusive of any administration , transport or shipping .
3.3 Applied Orange reserves the right to change prices between
time of the conclusion of the agreement and the date of delivery . In the case of a
price increase Applied Orange Customer thereof in writing
couples . Customer has the right , within 10 days of receipt of such notification ,
the agreement - based solely on orijsverhoging - to dissolve through to send a written statement to Applied Orange , without compensation .
4. Billing and Payment
4.1 Payment by the Customer of the bill - without any suspension or reduction of
any claim by the Customer on any account whatsoever has - must be made within 30
days after the invoice date designated by Applied Orange banks /
or giro account .
4.2 If within 30 days after the invoice date, full payment of the invoice
amount has been paid , the Customer without prejudice to the other rights of Applied Orange from the invoice date on the amount owed and without further
default statutory interest .
4.3 If Applied Orange is forced to take collection measures
come all the associated legal and other costs borne by
Customer. Applied Orange is entitled, in case of declarations more
than 30 days after the invoice date remained unpaid extrajudicial costs ad
To charge with a minimum of EUR 150 , 15 % of the amount to be collected - .
The legal costs to be paid by the Buyer are not limited to the liquidation of
costs , but shall be for the account of the client , if ( in
predominantly ) is made in the wrong.
4.4 Applied Orange is authorized to fulfill its obligations to
To suspend , if the Customer does not have to all payment obligations Customer
met. This suspension authorization applies until such time as the Customer are
obligations to Applied Orange is fully complied with .
4.5 The Customer may only object to the invoice within the payment as
referred to in paragraph 1 of this Article .
5 . delivery
5.1 The Applied between Orange and Purchaser agreed delivery times are
as an indication and not a deadline . Applied Orange will endeavor to
deliver . the agreed delivery times
5.2 Delivery will take place at the site of the warehouse of the Customer , either by a
Applied Orange and Purchaser agreed location , with Applied Orange Customer for the delivery will inform of the time time - or in the case
Part deliveries : the times - from delivery. Buyer shall carry the goods then off
taking , failing which the making transport and storage costs rekeningvan Purchaser will come through. Applied Orange
5.3 If ordered goods / goods ordered is no longer / be available will Applied Orange Purchaser thereof in writing. Customer has the right
to cancel the order within 5 working days of receipt of this notification
right to compensation . In the absence of a cancellation Applied Orange
entitled to extend the time required to get it right / to include , without compensation by the Customer. goods in its stock again the delivery
5.4 Applied Orange will pack the goods for delivery in accordance with the
industry or industry standard benchmarks . If the Customer desires a specific manner of packaging ,
will the additional costs borne by the Customer.
5.5 When an order is not received back within the 14 days, the customer will still get his money back but with a 10% restocking fee.
6. Retention and Transfer of Risk
6.1 Applied Orange reserves the ownership of all the Customer
delivered goods until the Customer has not fully complied with all
(payment) obligations under the Applied Orange
contract for delivery of the goods , and under any
other agreements between Orange and Applied Customer, including
including claims relating to a failure to comply with those agreements .
6.2 The risk of the goods delivered to the Customer is always permanent and fully
transferred to the Customer at the time of arrival at the agreed place of delivery.
7.1 Force majeure shall mean any failure in the performance of the
Applied Orange contract can not be allocated because it is not
due to her fault and not under the law, legal act or in the
common opinion on behalf of Applied Orange comes .
7.2 Conditions that lead to force majeure at least ( but not limited to ) :
war or similar circumstances ( mobilization ) , strikes , factory occupations ,
explosion , implosion , natural disasters , fire, lightning , extreme weather ,
terrorism , riot , sabotage , extreme currency fluctuations , measures or
government rules and regulations ( such as boycotts , import or export restrictions , production or supply prohibited ) and force majeure situations with third parties involved in the transport or the production of goods
7.3 In case of force majeure Applied Orange entitled the intended
to extend the time during which the temporary force majeure , delivery
without compensation by the Customer.
7.4 If the force majeure , however, a period of one year duration , any
party terminate the contract without compensation , except that ,
if the Customer enjoys an advantage which it would not have had the proper performance
Applied Orange applying the rules on unjustified
enrichment is entitled to reimbursement of its damage up to the amount of this benefit .
8. Defects in goods
8.1 If a Customer has a complaint about a good is delivered , the Customer is solely
right - at the option of Applied Orange - repair or replacement of the goods ,
subject to compliance with the following conditions :
a It is a good whose materials and / or components exhibit a deficiency
or goods which do not meet any specifications applicable to such goods ;
b . The failure occurs within 4 months after delivery of the
c . The Customer has the deficiency within 14 days after it was discovered or reasonably
could be discovered, in writing and with a clear and detailed as possible
Description of Applied Orange communicated , failing which any
claim against Applied Orange concerning the deficiency in question expires .
8.2 Applied Orange may , where appropriate, the right to free repair
invoke against its supplier .
8.3 If a complaint is justified , Applied Orange will to the best of ability and
within a reasonable time, any material or workmanship to recover well ,
either good or parts replaced by a new good or a
functionally equivalent good . All replaced parts become the property of Applied Orange . If there is material or workmanship will repair or
replacement on behalf of Applied Orange .
8.4 If Applied Orange is unable , or if not reasonably
Can be used well with the failure to Applied Orange demanded
repair or replace , will Applied Orange Customer thereof
Customer is entitled to make and good at the expense of Applied to Orange
To return . Applied Orange Upon receipt of a thus returned
good, refund Applied Orange by the Customer for this well-paid
8.5 The customer is obliged to send goods in proper packaging to the return
8.6 The obligation to replace, repair or return of goods with a failure
does not exist if it involves deficiencies in whole or in part the result of :
a incorrect, careless or improper use by the Customer ;
b . coming from outside causes such as fire or water damage ;
c . changes Purchaser without the consent of the Applied Orange
has provided goods or causes to be made ;
9. Liability for damage
9.1 If it is established law that Orange Applied to Customer
liable for damages , regardless of the grounds on which the claim for
based compensation , the liability of Applied Orange
limited or excluded , according to the provisions of this article .
9.2 The Customer's right to damages shall be extinguished if the Customer within one
month after it occurs , or if the damage until later is discovered within a
month after discovering it, in writing and with a clear and detailed
possible description of the damage to Applied Orange communicate , failing
whose claim to oblige Applied Orange expires .
9.3 The liability of Applied Orange to Compensation
death or personal injury as well as liability for property damage is limited to the
amount under the relevant completed by Applied Orange
liability insurance . In all other cases, the
liability of Applied Orange limited to an amount of
up to two times the invoice value of the goods , at least twice the
invoice value of the portion of the goods covered by the liability
9.4 If Applied Orange in default because its performance does not meet the
answered agreement concluded by Applied Orange costs
compensation which the Customer can prove that he has had and has made this
to the achievement of Applied Orange still on the agreement to
to answer, except that the liability vanApplied Orange in the event of such failure be limited to the amount by
Buyer paid for the goods in question .
9.5 The liability of Applied Orange compensation for indirect
damage is excluded . Indirect damage is at least ( but not exclusively )
considered : consequential damages , such as loss , loss of profits or revenue , loss
savings discounts , additional costs of purchasing elsewhere , damage or stagnation
delay in any business activity and penalties forfeited .
9.6 Applied Orange is not liable for :
by Customer or a third suffered any damage resulting from incorrect and / or
use of the goods by the Customer or third . Customer indemnifies Applied Orange all claims of third parties concerning the use of the goods;
b . damage is the result of changes that Customer, or a third party at the request of
applied to the goods or have them presented ;
c . damage is the result of changes to the by Applied Orange
goods in accordance with designs, specifications or instructions by the Customer ,
or provided by a third party at the request of the Customer , to Applied Orange ;
d. damage that is the result of the combination, operation or use of the goods
with other goods not or not as a whole by Applied Orange
9.7 The limitations of liability as provided in this Article shall not apply if
law it is established that involves damage that is a direct result of intent
or gross negligence of Applied Orange or by third parties engaged and
Customer also proves that he is no reproach.
10. Intellectual property rights
10.1 Applied Orange reserves all rights , including those of
intellectual or industrial property rights and similar rights (including rights to
trade ) concerning the goods delivered to the Customer , and in relation to
all information Applied Orange in the context of the establishment and
execution of an agreement , for instance in the form of drawings, designs , and
descriptions , set to the Customer available .
10.2 The Buyer may not:
a without the written consent of Applied Orange goods wholly
(do) counterfeiting or copying ;
b . without the written consent of Applied Orange intellectual
eigendomsrechtenaan to disclose to third parties or used in any promotion or
11. Applicable law and jurisdiction in case of disputes
11.1 All agreements between Orange and Applied Customer at the
negotiations in this regard , the implementation of the agreement , as well as all
associated issues is governed by Dutch law .
11.2 All disputes between Applied Orange and Customer regarding the
negotiations leading to the agreement , the implementation of the
agreement , together with all
related issues will be presented in the first instance only for settlement
to the competent court in Rotterdam .
12 reflect and cancellation
12.1 In case of a consumer party has the right to cancel the sale. During seven days of receipt of goods In that case , the other party goods , unopened and unused, as soon as possible and send . Applied to Orange return for their own account Orange will be applied as soon as possible and within thirty days after the dissolution return the money paid by the other party to her anyway.