Для заказов Green Pin: тел.8-800-707-06-93 (беспл. по РФ)

175 General conditions Article 8 Guarantee and Complaints 8.1 Van Beest guarantees that the products it sells and delivers meet the specifications applicable to these products, as stated in the Van Beest catalogue. Only specifications expressly agreed in writing apply to products not included in the Van Beest catalogue. The guarantee will in no event be valid for more than three months as from the date of delivery to the client. 8.2 Defects caused by normal wear and tear, inappropriate and/or improper use, or insufficient maintenance, will in no event be covered by the guarantee. 8.3 Van Beest will supply the following test certificates at additional costs: - dock regulations certificate certificates of classification societies ABS, DNV, Bureau Veritas, R.I.N.A., Germanischer Lloyd, A.I.B.-Vinςotte, and Lloyd’s Register of Shipping. 8.4 The client is obliged to inspect the goods delivered - or have them inspected - immediately upon arrival. Complaints regarding the quality or quantity, or other deviations and/or damage must be submitted by the client in detail to Van Beest within 14 days of receipt of the goods, in writing, by post, telex, fax or e-mail. Complaints will no longer be accepted once the client has processed the delivered products or has them delivered to third parties. 8.5 Should Van Beest consider a complaint to be well-founded, it is only obliged to replace the defective product free of charge; Van Beest will in no event be obliged to compensate any consequential loss or damage suffered by the client, howsoever named. Article 9 Non-attributable Failure 9.1 Where the non-fulfilment of an agreement by Van Beest is caused by circumstances beyond the control of Van Beest - even though such circumstances could have been foreseen at the time when the agreement was concluded - such as war or kindred risks, terrorism, mobilisation, revolt, strike, sit-ins or blockades, boycotts, disruptions in public utilities, government measures, and shortcoming by suppliers, the consequences will not be attributed to Van Beest. In such cases the parties will consult in order to agree a possible adjustment or suspension of the agreement. If no consensus is reached and it is no longer possible to perform the agreement , the agreement may be cancelled by either party. Article 10 Liability for Damage 10.1 Van Beest will compensate any damage suffered by the Client, provided the client is able to prove that the damage is cau- sed by a defect in a product supplied by Van Beest. Financial loss, such as loss of profit, lost earnings, costs in connection with delays in or interruption of the production or any other consequential loss will in no event be eligible for compensation save in the event of deliberate intent or recklessness on the part of Van Beest. 10.2 Damage to goods belonging to the client and personal injury will be compensated to a maximum of the amount for which Van Beest receives compensation from its insurer. 10.3 The client will indemnify Van Beest against all third-party claims in connection with products supplied to the client by Van Beest, save where such loss is for the account of Van Beest by agreement. 10.4 Van Beest accepts no liability whatsoever for any advice it provides without express agreement, save in the event of deliberate intent or recklessness on the part of Van Beest. 10.5 All claims for compensation will lapse after 5 years, as from the date when the client has become aware of the loss. Article 11 Cancellation 11.1 Should the client wish to cancel an agreement, giving reasons , he will be obliged to purchase all goods ordered and/or already wholly or partially processed by Van Beest, at the agreed price and to pay Van Beest a compensation equal to 15% of the amount of the order, plus exchange loss, if any, on the part of Van Beest. Article 12 Taxes 12.1 All taxes and duties imposed on Van Beest in the case of export, including import duties, are for the account of the client. Article 13 Intellectual Property Rights 13.1 The client will indemnify Van Beest against all third-party claims arising from the alleged violation of any intellectual property rights these third parties are entitled to. 13.2 The client is not allowed to use the trade name and the brand or designation “Green Pin ® ” for its own business activities or to associate these with other than “Green Pin ® ” products, without the written permission of Van Beest. Furthermore the client undertakes to inform Van Beest immediately of any infringement by third parties of this trade name or brand. Article 14 Termination 14.1 In the event that the client is declared bankrupt, his goods are attached, the client applies for a moratorium or fails to fulfil any obligation towards Van Beest, Van Beest will be entitled to terminate any agreement concluded with the client that has not yet been performed or not fully, by a statement in writing. Article 15 Applicable Law; Disputes 15.1 All agreements with Van Beest are governed exclusively by Dutch Law. The provisions of the Vienna Sales Convention (CISG) are expressly excluded. 15.2 Disputes arising from any agreement concluded with Van Beest will be submitted to the judgement of the District Court of Dordrecht, with the exception of the right of Van Beest to summon the client before the court that has jurisdiction according to Dutch law and subject to the competence of the subdistrict court in accordance with the rules of the Dutch law of civil procedure.