Disclaimer
1. General
a. These general terms of delivery are applicable on all offers
submitted by King Publishing and Marketing Consultants B.V. (hereafter
called KPMC) and all activities completed or to be executed unless
modifications have been agreed upon in writing by parties.
b. A reference by a principal to his general terms of delivery
will not be accepted by KPMC.
2. Offers and applications
a. All offers from KPMC are made without engagement unless a validity
term has been explicitly made.
b. Offers are made free of charge provided these fill 2 pages A4
at the maximum. Above this volume a fixed quotation - price of EUR
1,250 will be charged (VAT excluded).
c. All prices quoted in the offers are without VAT (unless explicitly
mentioned VAT is included).
d. On acceptance of the offer a percentage of the total amount
of the offer will be invoiced.
e. KPMC will start its activities regarding an order as soon as
a written confirmation of the order sent by KPMC has been received
by KPMC duly signed by the principal.
3. Prices and rates
a. Prices and rates submitted by KPMC are subject to external increases
of the cost level.These increases will be charged to our principals.
b. Alterations whatsoever in an order accepted by KPMC need the
written approval of all parties concerned.
4. Payment
a. Invoices of the instalments will be sent at the dates mentioned
in the offer.
b. Payment of the amounts due needs to be accomplished within 14
days after the date of Invoice.
c. If timely payment in conformity with the article 4b has not
been received an interest will be due of 1 % per calendar-month
or part of a month
If the principal fails to meet his obligations he will be charged
with all collecting charges without any limitation and all cost
related to juridical procedures as mentioned in article 56 Rv. f
(f) as well as all other expenses made (a/o costs of lawyers et
al.)
5. Prohibition of multiplying or disclosure
The copyright of offers, reports and other documents supplied by
KPMC is vested in KPMC. It is forbidden to supply, publish or multiply
information or extracts out of the reports and documents made by
KPMC unless prior written consent by both KPMC and the principal
concerned.
6. Liability
a. KPMC disclaims responsibility for damage caused by or related
to services rendered by KPMC to principals. This applies as well
to its employees as well as other persons hired or subcontracted
by KPMC.
b. The exclusion of responsibility is stipulated as well on behalf
of the employees and all others persons hired or subcontracted by
KPMC.
c. The principal is obliged to shield KPMC and all persons as referred
to in article 6b from any claims of third parties.
7. Disputes
a. All disputes that might arise between parties (principal and
KPMC) deriving from an order or other contracts related to an order
subject to these terms of delivery will be brought before the court
at Arnhem.
On all offers and orders subject to these terms of delivery the
Dutch law will be applicable.
b. The English version of the terms of delivery has no legal validity.
The Dutch " Algemene Voorwaarden " will govern in case
of a difference of interpretation between the English and the Dutch
version of the General Terms of Delivery
8. Termination
a. As long as the principal has not completely fulfilled his payments
towards KPMC all reports and documents made will remain the property
of KPMC.
b. KPMC is entitled to suspend its activities if the principal
has not met his payments provided a written announcement of this
measure of KPMC has been sent to the principal concerned. In case
towards the principal an application for a letter of licence has
been made or a bankruptcy petition has been presented and in case
the principal does not comply with the terms of the contract KPMC
is entitled to terminate all its activities on behalf of the principal.
9. Registration of General Terms of Delivery
The Dutch "Algemene voorwaarden" have been registered
at the Chamber of Commerce of Central Gelderland in Arnhem under
number 1432. (The English version is not filed since only the Dutch
version is applicable for legal purposes).
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