Terms and Conditions
Only the Dutch language version of these conditions is authentic. If a translation is in any way different than the Dutch text shall prevail.
Article 1 Definitions Nautracom BV
In these conditions, the following terms used in the following meanings, unless otherwise indicated:
User: Nautracom BV, the user of the terms and conditions, seller;
Other: user, buyer;
Agreement: the agreement between user and other party;
Article 2 General
2.1 The provisions of these conditions apply to any offer, tender, contract and agreement between user and where these other parties have not expressly and in writing waived;
2.2 The present conditions are also applicable to all agreements with user, for the implementation of which user of the services of third parties is used;
2.3 Any exceptions to these general conditions are only valid if they expressly agreed in writing;
2.4 The applicability of conditions of the other party is expressly excluded;
2.5 If a user with other more than once agreements, subject to all relevant agreements following the present conditions continue, regardless of whether they are applicable not explicitly stated;
2.6 If one or more provisions in these conditions are void or could be destroyed, the remaining provisions of these conditions apply.
Article 3 Offers, tenders and contracts
3.1 All offers, in whatever form, are valid for 30 days after listing, unless the offer another acceptance term;
3.2 Agreements whereby user is a party, apply first as closed:
a) after signing by both parties to a confidentiality agreement or
completed form as from the date of signature, or;
b) after receipt and acceptance of the written acceptance by
the other, an offer made by the user;
c) failing that, by the delivery of the supplies to the other;
3.3 If a natural person on behalf or on behalf of a party agreement, he explains - by signing the contract - the power to do so. This person is next to other severally liable for all obligations under the Agreement;
3.4 In oral agreements, the bill considered the true and full display, except advertising within 48 hours after the invoice date;
3.5 Should user during the execution of the work a more oral-contract work receives from the other party or an employee or representative of the other party and other party after the implementation of the additional work accepted at least not this work has protested against the extra work, users must assume that the more work at the express request of the other party is notified by user prices and tariffs;
3.6 User reserves the right to a contract without giving any reasons to refuse;
3.7 If the acceptance by the other party is different from the offer given, user is not bound. The agreement is not with deviating this acceptance, unless otherwise user;
3.8 The prices in the offers / catalog / price lists for delivery to the address of the other party, in Euros, excluding VAT and duties of government, excluding exports, insurance, loading, packaging and administration costs, unless otherwise expressly parties agreed;
3.9 User is entitled every three months to adjust its prices. This user will no longer than 6 weeks before the start of a new quarter, a revised price list to the other forward. The quarterly user sent (amended) price is considered the true and full display, except advertising within 8 days after posting;
3.10 User after 2 months may pass on price increases, if between the time of offer / acceptance and supply a tax increase or other legal or cost increases of more than 5% have been made;
3.11 Discounts can only be agreed in writing;
3.12 A composite quote user is not required to conduct a portion of the contract at a corresponding part of the price;
3.13 Offers or tenders do not apply to follow orders.
Article 4 Models / Graphics
4.1 The catalogs / offer / ads / price lists or on the website included models, pictures, numbers, sizes, weights or descriptions are shown only as an indication;
4.2 Is a model shown to other, the suspect only as an indication to be shown, unless explicitly agreed to make the case that it will fully conform;
4.3 Does the size or phrases, then they are also suspected to be intended as an indication only, unless they are necessary for the work.
Article 5 Implementation of the Agreement
5.1 User accepts the contract provided that the work required allocations, which other party will arrange for commencement of work have been granted;
5.2 User Agreement will to the best of his knowledge and ability and in accordance with the requirements of good craftsmanship run. One and other on the basis of the currently known state of science;
5.3 Should it be a good implementation of the agreement, user has the right work done by third parties;
5.4 If the other party supply of certain materials and / or the implementation of certain parts of the work has reserved to itself, other party is not liable for timely supply or not timely implementation;
5.5 Other Party shall ensure that all data, including user indicates that they are necessary or reasonably should whose party understand that they are necessary for the execution of the agreement, timely user to be provided. If the implementation of the necessary information in time to provide user, the user has the right implementation of the agreement to suspend and / or delays resulting from the additional costs in accordance with the usual rates charged to other issues;
5.6 User is not liable for damages of any kind, because user is assumed by other party provided false and / or incomplete data, unless this inaccuracy or incompleteness for user known to have belonged;
5.7 If the initiation or the progress of the work is being delayed by factors which party is responsible for the resulting injury and user costs to be reimbursed by the other party;
Article 6 Delivery
6.1 Provision shall be made before unloading to the user at last known address delivery of other, unless otherwise agreed;
6.2 Other Party is obliged to take things at the time that user delivers them to him or does deliver, or at the time when he accordance with the agreement be made available;
6.3 If the other party refuses or fails to decrease to the provision of information or instructions necessary for the delivery, user has the goods to save the expense and risk of obligation. If refusal of decline lasts longer than 1 month, the user is entitled to sell goods and all damages and costs to the other stories;
6.4 If the goods are delivered or retrieved, the user is entitled to costs resulting from this party in charge;
6.5 If user needs of other data in the context of implementation of the agreement, begin the delivery / implementation after party to this user has made available;
6.6 If a user has specified deadline for delivery, this is indicative. A specified delivery time is never a deadline. If a term other user must be in writing and to him a reasonable time to offer.
Article 7 Transportation
7.1 If and to user or third transmission, dispatch or such is to take on the way, if no other party to further designation by user, determined by user. Unless otherwise agreed, take any risk in this party in itself, including debt / neglect of the carrier;
7.2 Any specific wishes of the other party on the transport / shipping, will only be performed if the other party has the more it costs to bear.
Article 8 Research, commercials
Other 8.1 is delivered into it at the time of delivery (do) investigations. It belongs to other investigations or quality and the quantity delivered correspond with what is agreed, at least meets the requirements to them in the normal (trade) movements are;
8.2 Any shortages or defects are visible immediately upon delivery or supply to users to be reported, and also to be noted on the bill of lading or transport document. Deficits are not visible within 48 hours after discovery in writing to be reported, unless the parties otherwise agree;
Not to note the 8.3 registered visible defects, and not in writing within the prescribed period not visible defects reported by users not taken into consideration. User should be able to be submitted claims to be checked;
8.4 If time gereclameerd and if the advertisements to the user's view is correct, user deficits or defects within a reasonable time recover. Other remains committed to payment of work performed and the items purchased;
8.5 If not timely gereclameerd or if the other party delivered in use by user has taken the job properly deemed to have been delivered;
8.6 Do other poor business to return, then, it only with the prior written consent of users in the manner specified by user;
Article 9 Term View (buy at a distance)
Only 9.1 to orders by consumers through the online store will also offer a vision term of seven working days involve starting the day after delivery of the goods. It is user Friday to deliver certain things only from the physical store user. For such supplies is no term vision;
9.2 For specially commissioned from the other manufactured products - other than via the online store offered a 'standard' products - is no sight term.
9.3 During the term vision has a right party, which he has the possibility to be without any obligation on his part, other than reimbursement of the costs of return, the return received in the original packaging and undamaged;
9.4 Restrictions or exclusions of the term vision will be clearly stated in the offer. The buyer shall waive his right to dissolve the article by using it;
9.5 Other term vision can only really rely on the manner specified by the user to supply and / or delivery specifications;
9.6 If other uses his right user is held by the other party may have already paid, including the transmission costs paid within 30 days to the buyer to repay. The cost of the return shipment shall be borne by the other party.
Article 10 Payment
10.1 Payment must be made in advance by an advance billing, or if the parties so agreed within 21 days after the invoice date on a user to give way in Euros, unless otherwise agreed. Objections to the amount of bills not to suspend the payment obligation;
10.2 Deliveries of orders through the online store can only take place in advance of the full purchase amount by the manner indicated on the website;
10.3 If other defaults in the payment within the agreed term of right party is in default. Other then has an interest of 1.5% per month or part thereof, unless the statutory interest rate or the legal trade higher, in which case the highest rate applies. The interest on the due amount will be calculated from the time that buyer is in default until the moment of payment of the full amount;
10.4 In the event of liquidation, (request) bankruptcy, to the admission of other statutory debt under the Debt Natural Persons Act, a ward of other withdrawals, death of the other party, transfer or suspension of the company of other demands, or ( provisional) suspension of payment of other claims of the other user to immediately due and payable;
10.5 Payment must be made to user, unless its exposure to other user has transferred to third or third has pledged. If this is the other user will be writing messages that he can pay for liberating the third;
10.6 Payments stretch in the first place to reduce the costs, then in reduce the rate cases and finally to reduce the principal and accrued interest.
Article 11 Retention of
11.1 All user supplied materials and other things, whether manufactured or processed or unprocessed, remain user's property until all other obligations under all agreements concluded with user is fulfilled;
11.2 Other has no power under the ownership falling business to sell, pledge or in any other way concerns;
11.3 If third parties seize the property under delivered business or rights to establish or exercise is required other user as soon as possible on to inform;
11.4 In the event that user in this article are designated to exercise property rights, other shows already unconditional and irrevocable not consent to this user or by third parties in order to identify all these sites and locations where the properties are located and user of these goods to take back.
Article 12 Guarantee
12.1 The goods delivered by user meet the requirements and specifications required by Dutch law be made;
12.2 This guarantee is limited to:
- Production errors and thus provides no damage as a result of wear and tear, improper,
careless or improper use or improper handling, treatment,
Maintenance and storage;
- Deliveries to buyers within the EU;
- To repair or replacement of the case;
- 365 days after delivery unless otherwise agreed and in compliance with
Which is valid in accordance with Article 12.4.
12.3 This guarantee will expire:
- For operations, amendments or changes by a buyer or third or the
- For resale of the goods delivered, unless otherwise expressly parties
- When used for a purpose other than indicated;
12.4 The warranty is limited in all cases to the manufacturer's warranty;
12.5 In reduced-price issues are outside the guarantee;
12.6 As long as no other party to its obligations under the agreements concluded by the parties comply, he can not rely on this guarantee provision.
Article 13 Risk transition
The risk of loss or damage of materials and other matters on other party at the time when these things to other legal and / or actually delivered and in the power of other party or by a certified third party to be charged.
Article 14 Debt Costs
14.1 If the other party in default or omission in the (early) to ensure compliance with its obligations, all reasonable costs incurred to obtain satisfaction out of court
on behalf of the other party. In any other case in the event of a claim costs associated with collecting money owed. The collection costs are calculated in accordance with the collection rate as the Dutch Bar Association is advised in collection, with a minimum of 350.00;
14.2 If user has created higher costs, which were reasonably necessary, can also qualify for reimbursement. Made any reasonable judicial and enforcement costs are also borne by other.
Article 15 Suspension and dissolution
15.1 User is empowered to fulfill their obligations to suspend or terminate the agreement if:
- The other obligations under the agreement is not, not timely or not fully
- After the conclusion of the user learns of circumstances
give good reason to fear that other party has failed, not timely or not
Will fully honor. In case there is good reason to fear that other
only partially or not will fulfill the suspension is only allowed
To the extent that justifies this shortcoming;
- Party to the agreement called for security for the fulfillment of his obligations under the agreement and that this security or insufficient. Once security has been given the authority to suspend, unless they pay unreasonable delay;
15.2 Furthermore, the agreement authorized user to (do) dissolve, if circumstances arise of such a nature that fulfillment of the contract impossible or to standards of reasonableness and fairness can no longer be or if other circumstances arise of such such that the natural conservation of the agreement can not reasonably be expected;
15.3 If the agreement is dissolved, the claims of other user to immediately due and payable. If the user fulfillment of the obligations deferrals, he retains his rights under the law and the agreement;
15.4 User shall always retain the right to claim damages.
Article 16 Cancellation
16.1 If the other party, after an agreement has been reached, they want to cancel 10% of the order price (including VAT) as a cancellation fee will be charged, without prejudice to the right user to full compensation including lost profits;
16.2 If the other party refuses to cancel the purchase of the user already purchased items such as materials, whether or not worked or processed, is held all other resulting costs to user requirements;
16.3 Cancellation must be made by registered letter;
Article 17 Liability
17.1 If delivered by user defective, the liability of other user to be limited to the conditions under Guarantee is governed;
17.2 If user is liable for direct damages, such liability is limited to no more than that paid by the underwriter to provide user of allowance, at least up to the invoice, at least that portion of the bill which the liability relates;
17.3 User is never liable for consequential damages, including consequential damages, lost sales and profits, lost savings and damage due to business interruptions;
17.4 User is never liable for damage to the case because of inadequate storage, processing, use or maintenance by buyer or third;
17.5 Other indemnify the user for any claims by third parties, in connection with the implementation of the damage and suffering any damage attributable to other party;
17.6 For damages resulting from a misuse of the case, not in accordance with the instructions or else than where the matter is, user is never liable;
17.7 For damages arising from advice given user is never liable. Opinions are always given on the basis of the user known facts and circumstances and in concert, with the aim of increasing user other as a reference and guidance;
17.8 Other themselves must first examine whether the purchase is suitable for the purpose for which they bought time. If it appears afterwards that the purchased is not suitable for the purpose, other users can not hold liable for the resulting harm;
17.9 In these conditions included restrictions on liability for direct damages do not apply if the damage is due to intent or gross negligence of user or his subordinates
Article 18 Force Majeure
18.1 Parties are not obliged to perform any obligation if they are hampered as a result of a circumstance that is not due to gross negligence or intent of the party who invokes them, and neither under the law, an act or the current traffic accounted for their views;
18.2 Force majeure is these general conditions in addition to its effect in the law and jurisprudence include any external causes, or of non-equipped, which users will have no influence, but which is unable to fulfill its obligations come. Strikes work in the business user, power failures, computer failures, fire, theft, traffic congestion and delays in the delivery of the goods by suppliers and diseases of its staff including;
18.3 User also has the right to invoke force majeure if the circumstance that (further) prevents infringement occurs after users have had to honor its commitment;
18.4 The parties may, during the period that the force majeure continues to suspend obligations under the agreement. If this period lasts longer than two months, each party is entitled to dissolve the agreement without liability for compensation for damage to the other party;
18.5 For so many users at the time of the occurrence of force majeure been partially fulfilled his obligations under the agreement is fulfilled or it will be able to fulfill commitments and to meet part or independent value, is entitled to the user already met respectively to meet part separate bill. Other Party is obliged to pay this invoice as if it were a separate agreement.
Article 19 Intellectual property and copyright
19.1 Without prejudice to these general conditions certain to retain user rights and permissions for that user is entitled under the Copyright and intellectual property;
19.2 The other party is not allowed Work or changes in the business to make, unless the nature of the delivered or otherwise follows otherwise agreed in writing;
19.3 in the framework of the agreement by any user created designs, brochures, sketches, drawings, samples and models, remain the property of user, regardless of whether it or other third parties to hand made, unless otherwise agreed. This may not without prior consent of other user be reproduced, made public or disclosed to third parties, unless the nature of the documents provided dictates otherwise;
19.4 User reserves the right to possibly through the implementation of the work increased knowledge for other purposes, provided it does not disclose confidential information to third parties is placed.
Article 20 Secrecy
20.1 Both parties are obliged to keep confidential all information obtained in the course of their agreement from each other or from another source. Information is considered confidential when a party has or when it arises from the nature of the information;
20.2 If user by virtue of a statutory provision or a court ruling is bound to confidential information by law or by the competent court designated third parties to provide user logs on and can not rely on a legal or by the competent court recognized or accepted right of whitewash, user is not liable for damages or compensation and other party is not entitled to rescind the agreement on the basis of any damage, it formed.
Article 21 Disputes
The competent court in the user's location has exclusive jurisdiction to take. Nevertheless user has the right to submit the dispute to the competent by the law or to a Council of Arbitration.
Article 22 Governing Law
On any agreement between a user and other Dutch law applies.
Article 23 Authentic version
Only the Dutch language version of these conditions is authentic.
If a translation is in any way different than the Dutch text shall prevail.
Article 24 Filing
These conditions are deposited at the offices of the Chamber of Commerce Amersfoort
3741 WB Baarn
Tel: +31 (0) 35 6016559
Fax: +31 (0) 35 6012841
KvK nummer: 32069290
BTW nr: NL807012208B01
IBAN: NL14 SNSB 0943 0282 80