TERMS AND CONDITIONS
1.1 In these terms and conditions UltraSoundsystem.shop, located in Almelo at
Bedrijvenpark Twente 165L, The Netherlands, is referred to as UltraSoundsystem.shop and its contract partner as the customer.
1.2 These general terms and conditions apply to all quotations from and agreements with UltraSoundsystem.shop. Any general (purchase, delivery or payment) terms and conditions of customers are explicitly rejected.
1.3 In addition to these general terms and conditions, UltraSoundsystem.shop can apply additional terms and conditions that specifically apply to the type of transaction or nature of the work. The additional conditions are part of these general conditions.
1.4 A customer who has contracted UltraSoundsystem.shop in accordance with these general terms and conditions is deemed to have tacitly agreed with the applicability of these general terms and conditions, any orders or agreements to be concluded by him orally, in writing or electronically.
2.1 Quotations are without obligation, unless stated otherwise in the quotation.
2.2 The price lists and price statements of UltraSoundsystem.shop are not quotations.
3 Formation of the agreement
3.1 Agreements are only concluded after an order or repair assignment from UltraSoundsystem.shop has been assessed for feasibility. UltraSoundsystem.shop has the right not to accept orders or assignments without stating reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance, in which case the customer is informed accordingly.
4.1 All images, drawings, information regarding weights, dimensions, colors, etc. included in price lists, brochures and on the website are only approximate and cannot constitute grounds for compensation and/or dissolution.
4.2 All designs, images, etc. as referred to in paragraph 1 made by or on behalf of UltraSoundsystem.shop remain the property of UltraSoundsystem.shop and may not be copied or multiplied in any other way, nor shown to third parties or on be used in any way.
4.3 The customer is obliged to return this information to UltraSoundsystem.shop on first request, under penalty of a fine for UltraSoundsystem.shop of € 500 per day, for each day that the customer is in default.
5.1 The items of UltraSoundsystem.shop are delivered at the prices that apply on the date of shipment from the warehouse of UltraSoundsystem.shop. The services of UltraSoundsystem.shop are performed at the price that UltraSoundsystem.shop calculates after providing the services in its usual manner.
5.2 For orders below a certain net value to be determined by UltraSoundsystem.shop, an amount will be charged for shipping and handling costs. The costs for express shipping are exclusively for the account of the customer. UltraSoundsystem.shop will only cooperate with express shipping after such a timely request from the customer.
6.1 Unless otherwise agreed in writing, UltraSoundsystem.shop determines the method of shipment. In case UltraSoundsystem.shop has chosen the method of shipment, the goods travel at the risk of UltraSoundsystem.shop. The customer bears the risk of the goods from the moment the goods are presented to the specified address for receipt.
6.2 The customer is obliged to accept the goods upon delivery. In the absence thereof, the goods will be stored at the expense and risk of the customer.
6.3 In the event that the customer, despite a request to do so, has not collected the goods within three months from the storage location to be specified by UltraSoundsystem.shop, UltraSoundsystem.shop has the right to sell the goods privately or in public at its choice and to recover proceeds from all that it has to claim from the customer, without prejudice to the rights accruing to UltraSoundsystem.shop, such as the right to performance and/or compensation as well as the right to recover the costs incurred by UltraSoundsystem.shop from the customer.
7 Delivery periods
7.1 The delivery period starts when agreement has been reached on all technical details and after all data and drawings necessary for the execution of the agreement are in the possession of UltraSoundsystem.shop.
7.2 Stated delivery times are considered to be approximate.
7.3 The agreed delivery terms do not imply that UltraSoundsystem.shop is in default by operation of law after this has expired, but a further written notice of default is always required, whereby UltraSoundsystem.shop will be granted a period of at least 14 days to fulfill its obligations.
7.4 Exceeding a delivery period never gives the customer the right to any compensation, to dissolution of the agreement or any other action against UltraSoundsystem.shop. This is only different in case of intent or gross negligence on the part of UltraSoundsystem.shop or if the delivery time is exceeded by more than three months. In that case the customer has the right to dissolve the agreement, but without being able to claim any compensation.
8.1 Unless otherwise agreed in writing, payment must be made in cash no later than the actual delivery of the goods or immediately after the agreed services have been provided. In case UltraSoundsystem.shop sends an invoice, payment must be made within eight days after the invoice date, unless otherwise agreed in writing.
8.2 Payments made by the customer always serve to settle the interest and costs owed and subsequently to payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
8.3 If the customer has not paid the invoice in cash on the due date, interest of 1% is due to UltraSoundsystem.shop without prior notice of default, unless the legal interest is higher, in which case the legal interest applies on the outstanding amount per month, whereby an entered month will be counted as a whole month.
8.4 If the customer has not paid the amount owed by him within the set term and UltraSoundsystem.shop has proceeded to collect the claim through judicial or other means, the customer is obliged to pay UltraSoundsystem.shop compensation for the associated costs in accordance with the collection rate of The Dutch Bar Association, but with a minimum of € 150 per invoice.
8.5 Late payment gives UltraSoundsystem.shop the right to suspend or dissolve its performance under the present and/or other agreements with the customer, without the customer being entitled to any compensation, including but not limited to, compensation for loss, loss of profit and other consequential damage.
8.6 UltraSoundsystem.shop is at all times entitled to claim that the customer provides sufficient security for the payment of the performance to be performed by UltraSoundsystem.shop, all this in a manner to be indicated by UltraSoundsystem.shop.
8.7 The customer is not permitted to apply settlement.
8.8 Complaints and/or warranty claims handled do not entitle the customer to postpone payment or to make partial payment.
8.9 UltraSoundsystem.shop does not have a current account relationship with any of its customers.
8.10 UltraSoundsystem.shop is not obliged to accept payment by means of cheque, bills and foreign currency.
9 Retention of title and right of pledge
9.1 Ownership of the delivered goods is expressly reserved by UltraSoundsystem.shop until full payment including the reimbursement of all costs and interest, also for earlier and later deliveries and for services provided, as well as claims due to shortcomings in the fulfillment has occurred.
9.2 The customer is not able, without the prior written consent of UltraSoundsystem.shop, to sell, rent, use or relocate, pledge or relocate or pledge the delivered goods that are subject to retention of title otherwise object.
9.3 The customer undertakes at the first request of UltraSoundsystem.shop to make the goods subject to retention of title available to UltraSoundsystem.shop and now irrevocably grants authorization to UltraSoundsystem.shop or to persons to be designated by UltraSoundsystem.shop, the location where the goods are located in order to take the goods with them.
9.4 UltraSoundsystem.shop provides the customer in accordance with the provisions under 9.1 the ownership of the aforementioned goods at the moment that the customer has fulfilled all his obligations, but subject to a right of pledge of UltraSoundsystem.shop for other claims that UltraSoundsystem.shop has on the customer. At the first request of UltraSoundsystem.shop, the customer will cooperate with actions that are required in that context, under penalty of € 500 for each day that the customer fails to do so, without prejudice to UltraSoundsystem.shop for compliance and/or compensation.
9.5 Goods or parts thereof, which are replaced as a result of a repair order or warranty, become or remain the property of UltraSoundsystem.shop until all that UltraSoundsystem.shop has to claim from the customer has taken place.
10.1 Complaints in general and complaints about invoices must be submitted within eight days after receipt of the goods or invoices, or within eight days after a possible defect of the goods has been discovered or should have been discovered, in writing and with a proper description of the complaint to be made known to UltraSoundsystem.shop. After the expiry of this term, UltraSoundsystem.shop is deemed to have correctly fulfilled its obligations in accordance with the agreement and it is assumed that the customer acknowledges the goods or invoices as correct.
10.2 Complaints never give the customer the right to suspend payments.
10.3 If a complaint is found to be justified by UltraSoundsystem.shop, UltraSoundsystem.shop has the right to:
A: Review the invoice and change the invoice amount accordingly;
B: to replace the delivered goods with a good with the same specifications or to repair them whereby the replaced goods or parts are handed over to UltraSoundsystem.shop;
C: to take back the delivered goods and to dissolve the agreement, with a refund of the invoice amount paid by the customer without being obliged to pay any compensation.
10.4 Where appropriate, the customer must immediately offer UltraSoundsystem.shop the opportunity to repair any defects.
10.5 Any return of goods to or from the customer takes place at the expense and risk of the customer. UltraSoundsystem.shop only accepts returned goods if and insofar as it agrees in writing prior to return upon request, and then only when these goods are delivered to the address to be specified by UltraSoundsystem.shop in the original packaging and in the condition in which UltraSoundsystem.shop delivered these items to the customer.
11.1 UltraSoundsystem.shop guarantees the quality of the services provided by it to the best of its knowledge and ability and for the reliability and good quality of the goods delivered by it, on the understanding that the warranty does not go beyond the following provisions mentioned.
11.2 A 1-year warranty is given on delivered goods unless otherwise agreed in writing. A three-month warranty is given on a repair that has been carried out.
11.3 If the customer has given UltraSoundsystem.shop an order for repair and has not collected the delivered item within three months after the date of issue, against payment of the amount due for investigation or repair, it is considered to have waived the repair of goods returned for UltraSoundsystem.shop. The customer will then indemnify UltraSoundsystem.shop against all claims from third parties with regard to this matter.
11.4 Errors, defects or imperfections, which are demonstrated by the customer within the warranty period and attributable to UltraSoundsystem.shop - insofar as covered by the warranty referred to in this article - will be repaired, replaced or taken back against crediting at the expense of UltraSoundsystem.shop.
11.5 UltraSoundsystem.shop gives no warranty on combined products and parts, nor on consumables, unless a warranty has been expressly promised in writing.
11.6 The customer must deliver the items eligible for replacement or repair at his own expense and risk to the address specified by UltraSoundsystem.shop.
11.7 For items with a warranty certificate attached by other than UltraSoundsystem.shop, the provisions of these terms and conditions apply, insofar as deviating from the provisions of these conditions.
11.8 The customer cannot invoke the warranty conditions:
A: if the customer has neglected the goods;
B: if the customer has made changes to the goods or has had them made, including repairs that have not been carried out by or on behalf of UltraSoundsystem.shop;
C: in case of improper or careless use, incorrect connection, wrong mains voltage, lightning strike, damage due to the effect of moisture or other external causes or disasters;
D: if the device has not been maintained in the usual manner or as described in the manual;
E: if the device is used with unsuitable or incorrect accessories;
F: if the customer has handled the goods in another way negligently;
12.1 The factory or trademarks or the type or identification numbers or signs, which are applied to the goods delivered by UltraSoundsystem.shop, may not be removed, damaged or changed.
13 Limitation of Liability
13.1 UltraSoundsystem.shop, nor third parties that it engages for the purpose of establishing or executing any agreement, are liable for any damage arising from and in connection with the agreement, that the customer or any third parties involved in the execution of the agreement third could suffer, directly or indirectly, regardless of the cause.
13.2 Without prejudice to the foregoing, UltraSoundsystem.shop is in any case never liable:
A: due to non-delivery or late delivery;
B: for information in brochures, catalogs, advertising material, quotations, etc.
C: in case of non-attributable shortcomings (force majeure), as referred to in chapter 15;
D: if the customer himself or a third party repairs the delivered goods, makes changes to them, uses this for purposes other than those for which it is suitable or intended, the delivered goods are overloaded and otherwise used improperly;
E: for the property of third parties that are located in UltraSoundsystem.shop's business space for repairs, storage or for any reason whatsoever;
F: for business and/or consequential damage including but not limited to loss of profit and/or turnover, caused by whatever cause;
G: for damage caused by intent or gross negligence on the part of auxiliary persons;
H: for damage caused by supplied software;
I: for damage resulting from loss of any data as recorded on magnetic information carriers;
J: for damage caused by the use of a modem connected to the telephone network, including the loss of data, theft of data, incorrect transmission of data, corruption of data or other files as well as the remaining open telephone lines.
13.3 If UltraSoundsystem.shop in any case, despite the above, is liable for any damage, UltraSoundsystem.shop only accepts liability insofar as this liability is covered by its insurance, up to the amount of the payment made by the insurance.
13.4 If in any case the insurance does not pay out, UltraSoundsystem.shop is never liable for more than the invoice amount of the relevant agreement.
13.5 The customer will indemnify UltraSoundsystem.shop against all third-party claims against UltraSoundsystem.shop.
13.6 The exclusions or limitations of liability included in these terms and conditions do not apply insofar as the damage is the result of intent or gross negligence on the part of
14 Non-attributable shortcomings
14.1 If after the conclusion of the agreement it cannot be fulfilled by UltraSoundsystem.shop as a result of circumstances that could not reasonably have been expected at the time of the conclusion of the agreement or could not have been known to UltraSoundsystem.shop, this applies at regarding the customer for UltraSoundsystem.shop as a non-attributable shortcoming (force majeure).
14.2 Circumstances as referred to under 14.1 include strikes, government measures, delays in supply, export ban, riots, war, mobilization of transport options, import restrictions, negligence on the part of suppliers and/or manufacturers of UltraSoundsystem.shop as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment, lockouts or other work disorders and events that cannot reasonably be insured by UltraSoundsystem.shop.
14.3 UltraSoundsystem.shop has the right to suspend its obligations in case of force majeure. UltraSoundsystem.shop is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that implementation remains possible. Under no circumstances is UltraSoundsystem.shop obliged to pay any fine or compensation. UltraSoundsystem.shop reserves the right to payment for the work already performed and the costs incurred.
14.4 UltraSoundsystem.shop has no authority to suspend if compliance is permanently impossible or if the temporary impossibility continues for more than six months. In these cases, the agreement can be dissolved by the most diligent party, without the customer being entitled to compensation for any damage.
15.1 If the customer does not, not timely or not properly fulfill his obligations towards UltraSoundsystem.shop, as well as if his bankruptcy has/will be filed, he is declared bankrupt, he applies for suspension of payment, or to his creditors or a part offers them a settlement or an arrangement, furthermore when his assets or a part thereof are seized, or he proceeds to sell or liquidate his company, as well as in the event of death, under guardianship or if he manages the management in some other way or loses control of his company, business or part thereof, the customer is in default by operation of law and any claim that UltraSoundsystem.shop has or obtains is immediately due and payable without any notice of default being required.
15.2 In cases mentioned under 15.1, UltraSoundsystem.shop has the right, without any notice of default, on its part to suspend the further execution of the agreement or to dissolve it in whole or in part.
15.3 UltraSoundsystem.shop is at all times entitled to claim compensation from the customer, as well as to take back the delivered goods.
15.4 In the event that the customer wishes to dissolve the agreement, he will at all times first give UltraSoundsystem.shop a written notice of default and grant it a reasonable period of time to still fulfill its obligations, or to remedy shortcomings, which shortcomings the customer must accurately put n writing.
15.5 The customer is not entitled to dissolve the agreement in whole or in part or to suspend its obligations, if it was already in default with the fulfillment of its obligations.
15.6 In the event of partial dissolution, the customer cannot claim the nullification of performances already performed by UltraSoundsystem.shop, and UltraSoundsystem.shop is fully entitled to payment for the performances already performed.
16 Applicable law/competent court
16.1 Dutch law applies to all agreements.
16.2 The competent court within the District of Almelo will take note of any disputes that may arise between UltraSoundsystem.shop and the customer, unless
UltraSoundsystem.shop prefers to submit the dispute to the competent court of the customer's place of residence, and with the exception of those disputes that fall within the competence of the Sub district Court.
UltraSoundsystem.shop, Bedrijvenpark Twente 165L, 7602 KE Almelo
Telephone: +31 (0) 546 658 580
VAT no.: NL504 549 771 B01
Chamber of Commerce no.: 06069651
These terms and conditions have been filed with the Chamber of Commerce in Enschede and will be on the buyer's request will be sent free of charge and can also be consulted via the internet at www.UltraSoundsystem.shop