Houten, 24 July 2007.
Supply conditions A-solar
General
Article 1
These general supply conditions apply on all agreements which A-solar, established at Houten close, with a counterpart who acts as a company or as end-user.
Tenders
Article 2
1. all A-solar made tender is without engagement unless in the tender a period for acceptance has been incorporated.
2. all prices named in the tender its exclusively VAT, unless it has been indicated differently.
3. A-solar are not oblige price mentioned against in the tender also already are these accepted provide if these relied on busy or a schrijffout.
4. if a customer accepts a tender then A-solar have the right during two working days revoke the tender.
Agreement
Article 3
An agreement comes about if A-solar have confirmed a task in writing if to that implementation has been really given.
Increase in the price
Article 4
If there have gone more than two months between to score income of the agreement and the delivery and which period of the cost factors of A-solar have increased so that the cost for A-solar are more than 5% more higher to come lie, then A-solar have been entitled a corresponding charge verkoopprijs, higher with the kostprijsstijging.
Supremacy
Article 5
1. under supremacy it is understood: every situation in which A-solar its obligations or
do not share of it can comply with as a result of circumstances lain outside the debt
of A-solar
2. In any case are considered circumstances the following as supremacy:
natural disasters, wars, national or international armed conflicts and/or preparations to this end, measures of internal or foreign governments,
renouncing appointments with shipping companies and transporteurs, calamities in factories which produce concerning goods such as fire or strike.
Afroeporders
Article 6
If between A-solar and the counterpart afroeptermijn have corresponded, then all reasonable costs, causes by not swift purchase by the counterpart, to the weder party are charged.
Annulments
Article 7
1. only with preceding written authorisation of A-solar can the counterpart reach annulment of the agreement, or consignment of provided goods.
2. if it is proceeded pursuant to the paragraph 1 of this Article to annulment of the agreement or to consignment of provided goods, the counterpart to A-solar chargeable all reasonable really made costs becomes, as well as the lacked profit.
Supply
Article 8
1. order amount of above €1000, = ex VAT is free provided house in the Netherlands stipulates A-solar the carrier
2. the actual delivery takes place on the most close work or store place lain, which the transport means safe and along that transport means can reach suitable gone
3. the counterpart has been obliged this way fast such as rederlijkerwijze can be expected after arrival of the transport means the goods in reception to take. Thereby the counterpart will observe normal lostijd.
Risk
Article 9
the 1. supply occurs for risk of A-solar under the conditions which the carrier puts
2. discharging goods occurs for account and risk of the counterpart
3. at supplies finished factory risk concerns after goods are charged.
Obligations of the counterpart
Article 10
1. at supplies free house in accordance with the provisions in Article 8 must the counterpart visible shortages and/or damages direct on the afleverbon or the transport document make a note of to let, or the shipping agent of it a warrant let make up.
2. counterpart must goods 24 check hours, in order to check if these satisfy to the agreement, particularly concerning quality and kwantiteit.
Publicities
Article 11
a 1. profession of the counterpart implying that delivered goods do not answer to the agreement, cannot be called upon, if this by the counterpart 48 hours have not been notified after delivery to A-solar in writing.
2. if it has not been acted in accordance with Article 10 paragraph 1 can the counterpart no shortages and/or
damages claim.
3. the counterpart must provide that to the proof provided goods to the agreement does not satisfy.
4. A-solar have the right possible loose ends repair and this way still the agreement to comply with.
5. if appears that complaints are unfounded, then A-solar can recover for this made costs on the counterpart.
Liability of provided goods
Article 12
Concerning provided goods A-solar are exclusively responsible taking into account hereafter next:
1. in the case guarantee has been supplied by A-solar, A-solar liability is accepted, to the extend that this results from the guarantee.
2. liability of A-solar are raised in case of supremacy
3. the liability of A-solar have been at any time restricted to an amount corresponding to the invoice value ex VAT.
4. A-solar are not responsible for lacked profit or special made costs of the counterpart.
5. A-solar protect the counterpart against each action of third parties which it has been based on violation of the copyright, to the point of by the counterpart at its in execution given tasks
Delivery period
Article 13
1. unless expressly differently corresponded, by A-solar have not been given up delivery periods consider as fatal liver periods
2. if delay remains in the delivery reasonable borders, this for the counterpart no reason is able be to dissolution of the agreement
payment conditions
Article 14
1. payment must occur as corresponded in the purchase contract, without discount or debt comparison.
2. if the counterpart in staff absence is its comply with payment obligation, then him is charged the legal interest.
3. A-solar have the right integrate a incassobureau to obtain payment.
All coherent costs are at the expense of the counterpart.
property reservation and lien
Article 15
1. all provided goods remain property of A-solar until complete payment has found.
2. goods on which a property reservation of A-solar rest, can be sold only within the framework of normal company exercise by the counterpart.
3. as long as no complete payment has taken place A-solar a lien has established.
4. the counterpart has been obliged grant collaboration to all measures which A-solar want take back for protection of its property reservation and/or obtain of its goods.
Copyrights, devise models
Article 16.
1. A-solar remain owner of the copyrights as well as of the rights to drawings, models, designs, calculations.
2. it has been never permitted the counterpart without written authorisation of A-solar using of the rights called in paragraph 1.
3. if A-solar show that its rights have been violated then she can claim at any time damageses.
Appropriate right
Article 17
1. on each agreement of A-solar and the counterpart Nederlandsrecht apply.
2. all disputes, also that by only of the parties are as such considered, will be settled by the competent judge in the Arrondisement of the main site of A-solar.
