These general terms and conditions apply to all legal acts of Lautenbag Reclame v.o.f. established in (8935 GR) Leeuwarden at the address Weideflora 289, registered with the Chamber of Commerce in the Northern Netherlands under number: 01045202. Hereinafter referred to as Lautenbag. These general terms and conditions can also be found at: www.lautenbagreclame.nl
Validity of the conditions
1. These terms and conditions apply to all offers and to all legal acts entered into by Lautenbag under whatever trade name of Lautenbag.
2. All offers and / or quotations are without obligation, unless expressly stated otherwise and based on the data, drawings, texts, etc. provided with any requests. These become binding only after the contract has been signed. All drawings and information provided with the offer, such as dimensions, weights, capacities and quantities, are as accurate as possible. These statements are only binding insofar as this is expressly confirmed in writing, details need not be provided.
3. The agreement for the performance of work will only become binding on Lautenbag by means of its written confirmation.
4. Each agreement entered into with Lautenbag contains the resolutive condition that it will prove to him of sufficient creditworthiness of the client, this only at the discretion of Lautenbag.
5. The client is obliged to use the goods covered by the agreement only for the agreed purpose, if the client uses the goods for another purpose, Lautenbag is entitled to make an additional claim according to the applicable rates of Lautenbag.
6. Information regarding the offerings such as properties, sizes, color, weight, etc., as well as information in brochures provided by Lautenbag with the offer, are approximate information and are not binding and are given in good faith. If no agreement is concluded between the client and Lautenbag for the execution of the work, the client is obliged to return the design and all other means made available by Lautenbag within 30 days. If the funds made available are not returned within 30 days, Lautenbag has the right to declare the client to be in default by operation of law and to demand a fine of € 4,537.80 without prejudice to Lautenbag’s right to claim additional compensation.
7. Legal acts with subordinate (s) of Lautenbag do not bind Lautenbag, unless they have been confirmed in writing by Lautenbag.
Prices and quotes
8. All offers and legal transactions of Lautenbag are always concluded on the basis of the prices applicable at the time of closing. Changes are calculated at the then current prices. If, after the agreement, the prices of wages, social security charges, sales tax and the like are subject to increases, even if these occur due to circumstances already foreseen in the offer, they may be passed on. If the price fluctuation exceeds 2% of the agreed transaction, both parties have the right to request full settlement.
9. In the case of delivery of printed matter, Lautenbag has the right to deliver 10% more or less printed matter than agreed, on the understanding that the client is obliged to receive or pay 10% more or less, unless otherwise agreed.
10. Lautenbag has the right to fulfill the agreement in partial deliveries. Any partial delivery can be invoiced; in such a case, payment must be made in accordance with the provisions below at 42 et seq.
11. With regard to quantities, the provisions of the General Terms and Conditions of the Graphic Industry also apply.
12. Types of form and work forms used to arrive at the final goods remain the property of Lautenbag unless they have been provided by the client. Lautenbag is not obliged to keep it. Delivery or delivery periods
13. Specified delivery times are approximate. The delivery times have been determined in the expectation that there will be no impediments for Lautenbag to deliver the goods or to start work.
14. If a specific delivery date has been agreed, it will be automatically extended if there is a stagnation which Lautenbag cannot be charged, such as strike, exclusion, war, danger of war or other special circumstances.
15. When ordered goods have not been purchased by the client after the delivery / completion period has expired, those goods are stored at his expense and risk. Lautenbag is entitled to charge storage costs for this.
16. If Lautenbag is not able to meet its obligations in time, Lautenbag will notify the client thereof without delay, stating the expected period, with which the aforementioned delivery period will be exceeded.
17. Minor deviations in color printing, in quality, font, color, thickness, etc. do not give cause for rejection. An average must be taken from the delivery when assessing whether a delivery deviates outside the permitted limits.
18. Texts and / or instructions from a client are processed according to the specified copy or written order. Within the terms of the agreement, the limits stated for grammes per square meter upwards and downwards are permitted for paper.
19. If the client cancels the order and / or refuses to purchase the goods, he is obliged to transfer the materials and raw materials already purchased by Lautenbag, whether or not processed or processed at the cost price, including wages and social security charges. take. Client will also owe to Lautenbag as compensation the amount of 1/3 of the agreed price. The client is also obliged to indemnify Lautenbag against claims from third parties as a result of the cancellation of the assignment and / or refusal of the goods.
20. Without prejudice to the provisions in the previous paragraph, Lautenbag reserves all rights to claim full fulfillment of the agreement and / or full compensation.
Modification of the assignment
21. Changes in the original order, of whatever nature (including in the text, in the manner of setting, in the processing or placing of clichés or photo lithographs, etc.), which are made in writing or orally by or on behalf of the client, which cause higher costs than could be expected in the quotation, the client will be charged extra.
22. After the order has been given, the client will still have to make changes to its execution, the client must notify Lautenbag in writing and in good time. If the changes are communicated orally or by telephone, the risk for the implementation of the changes is for the account of the client.
23. Changes made by the client in the final form may result in the delivery time agreed for the changes being exceeded by Lautenbag outside its responsibility.
24. The work includes only that which has been agreed in writing between the parties. Additional work commissioned orally or in writing before or during the execution of the work is eligible for setoff.
25. Costs incurred by Lautenbag in connection with the order to be manufactured, which are caused by no fault of its own, can be charged to the client.
26. Shipment takes place in the manner indicated by Lautenbag, if no manner of shipment has been indicated by Lautenbag, shipment will take place at the expense of the client. If the client wishes to receive a shipment differently, such as, for example, by express or express shipping, then the extra costs are associated with this.
27. The client is obliged to inspect the work and / or the goods thoroughly for defects immediately after the delivery or completion and, in the presence thereof, to notify Lautenbag immediately in writing.
28. If the client does not indicate Lautenbag within 8 days, or in the case of a short order such as advertisements, etc. within 24 hours, after the day of delivery or completion, the client is deemed to be in agreement with the state. in which the purchased goods have been delivered or delivered, and all rights to complaints lapse.
29. Lautenbag should be able to check submitted complaints.
Retention of title
30. All goods delivered by Lautenbag and which are still with or under the client remain until the moment of full payment of all that which the client, on the basis of goods delivered or to be delivered by the Lautenbag, associated work performed or to be performed or related thereto. related claims from compensation owed to Lautenbag, owned by Lautenbag.
31. Lautenbag also retains ownership of the goods for what the principal owes or will owe Lautenbag under earlier or later agreements under which Lautenbag has delivered or will deliver goods and / or has performed or will perform work in addition to the delivery, or has provided sufficient security for his obligation as the aforementioned pursuant to a failure of the buyer and / or the client.
32. Lautenbag hereby already reserves pledges as referred to in Section 3: 237 of the Dutch Civil Code for additional security on claims, other than those referred to in Section 32, on delivered goods that have been transferred by payment and are still in the hands of Lautenbag. 3:92 paragraph 2 BW mentioned, Lautenbag may have.
33. Lautenbag is never liable for errors in the text and / or the design or the delivered goods.
34. Lautenbag is never liable for errors by third parties that have been engaged to carry out the assignment.
35. Lautenbag’s liability is limited to the amount paid by the (non-life) insurance. If for any reason the insurer does not pay out, the damage of Lautenbag is limited to the invoice amount of the last invoice of Lautenbag.
36. Lautenbag is never liable for consequence and / or business damage.
37. The copyright and the exclusive right of drawing or model with regard to the provisional and final design and the design drawings, models, working and detail drawings, belong to Lautenbag, as long as no further written agreement is concluded between Lautenbag and the client with with regard to the transfer of copyright, these rights remain with Lautenbag.
38. Lautenbag reserves all intellectual property rights to all designs, images, drawings, models, texts, text proposals, etc. provided by Lautenbag.
39. Unless expressly agreed, Lautenbag’s assignment does not include conducting investigations into the existence of trademark rights, drawing or design protection, patent rights, copyrights and portrait rights of third parties. The same applies to research into the possibility of such forms of protection for the client.
40. Lautenbag remains at all times entitled to use the design as promotional material.
41. When the client has fulfilled all his obligations towards Lautenbag, the client will have the right to use the manufactured goods insofar as with regard to the right of publication and reproduction in accordance with the destination and / or circulation, as agreed with the assignment. . If nothing has been determined about the destination or edition, the first use and the first edition count as agreed.
42. All invoices from Lautenbag must be paid, without settlement, suspension or discount, within 14 days of the invoice date, unless agreed otherwise in writing. If the client has not paid the full amount to Lautenbag within this period, the client will be in default by operation of law.
43. The client owes statutory (commercial) interest on the outstanding amount over the time that the client is in default with payment.
44. All extrajudicial and judicial costs that Lautenbag must incur for the collection of his claim are for the account of the client.
45. All claims of Lautenbag are immediately due and payable in the event that:
a) the client is declared bankrupt,
b) the client applies for a moratorium,
c) the client makes a request to be admitted to the Natural Persons Debt Rescheduling Act.
46. Lautenbag is entitled to request a deposit of at least 25% when entering into the agreement, unless otherwise agreed. If the agreement is dissolved due to the default of Lautenbag, the buyer and / or client has the right to repayment of the down payment, in addition to compensation, as further regulated in these conditions, of which in any case the statutory interest on the amount paid by him is part. .
Disputes and other provisions
47. Dutch law applies to all disputes between Lautenbag and the client.
48. The competent court of the place of residence where Lautenbag is established is only authorized to take cognizance of disputes between Lautenbag and the buyer and / or the client, unless a mandatory provision precludes this.
49. If one of these provisions is void or voidable, the other provisions of these general terms and conditions will continue to apply.