General purchase conditions of Uitgeverij Komma
Article
1
Applicability
- These purchase conditions apply to all agreements and all other legal relationships between Uitgeverij Komma and its suppliers and potential suppliers.
- These conditions also apply to all offers to, negotiations with, and invitations to make an offer to Uitgeverij Komma.
- The applicability of any conditions of the counterparty is expressly excluded.
Article
2
Written form requirement
- Uitgeverij Komma is only bound after a written agreement has been concluded or after written confirmation by Uitgeverij Komma to the counterparty.
- Unless explicitly agreed otherwise, Uitgeverij Komma is never obliged to reimburse costs of offers, models, dummies, or any other costs of the counterparty.
Article
3
Confidentiality
- Uitgeverij Komma and the counterparty are obliged to maintain confidentiality towards each other regarding all information exchanged between them, except insofar as that information is publicly known at the time of the initial exchange.
Article
4
Use of text and/or image material
- The counterparty commits to Uitgeverij Komma not to use any text and/or image material provided by or on behalf of Uitgeverij Komma, or created for Uitgeverij Komma, for any purpose other than the one for which it was provided or created.
- If text and/or image material has been provided by or created for Uitgeverij Komma prior to the conclusion of an agreement, and the agreement is subsequently not concluded, the counterparty is obliged, upon first request, to return or send this text and/or image material to Uitgeverij Komma, to destroy any copies of that material, and not to keep any copies.
Article
5
Ownership
- Uitgeverij Komma owns all intermediate materials, such as stamps, lithographs, embossing stamps, and the like. The counterparty is obliged, upon first request by Uitgeverij Komma, to surrender these or to send them to Uitgeverij Komma or a third party designated by her.
Article
6
Delivery
- The counterparty delivers to Uitgeverij Komma no later than the agreed delivery date. If the delivery date is exceeded, default occurs.
- Over-delivery or under-delivery is not permitted.
- In case of breach of these obligations, the counterparty forfeits an immediately payable and non-reducible penalty to Uitgeverij Komma amounting to 25% of the value of the relevant delivery, without prejudice to Uitgeverij Komma’s right to full compensation.
Article
7
Invoicing and payment
- Invoicing to Uitgeverij Komma takes place no earlier than after the counterparty has delivered and Uitgeverij Komma, in its judgment, has been adequately enabled to inspect the delivered goods.
- Unless explicitly agreed otherwise, no advance payment will be made.
Article
8
Liability
- Except in cases of intent or gross negligence, Uitgeverij Komma is never liable for any damage the counterparty may suffer in connection with any legal relationship with Uitgeverij Komma.
- Any liability is limited to direct damage; consequential damages are always excluded.
- All potential legal claims by the counterparty expire one year after delivery.
Article
9
Disputes
- Disputes that cannot be resolved through mutual consultation or mediation shall be exclusively subject to the judgment of the competent court in The Hague. Dutch law applies exclusively to all disputes.
Article
1
Applicability
- These purchase conditions apply to all agreements and all other legal relationships between Uitgeverij Komma and its suppliers and potential suppliers.
- These conditions also apply to all offers to, negotiations with, and invitations to make an offer to Uitgeverij Komma.
- The applicability of any conditions of the counterparty is expressly excluded.
Article
2
Written form requirement
- Uitgeverij Komma is only bound after a written agreement has been concluded or after written confirmation by Uitgeverij Komma to the counterparty.
- Unless explicitly agreed otherwise, Uitgeverij Komma is never obliged to reimburse costs of offers, models, dummies, or any other costs of the counterparty.
Article
3
Confidentiality
- Uitgeverij Komma and the counterparty are obliged to maintain confidentiality towards each other regarding all information exchanged between them, except insofar as that information is publicly known at the time of the initial exchange.
Article
4
Use of text and/or image material
- The counterparty commits to Uitgeverij Komma not to use any text and/or image material provided by or on behalf of Uitgeverij Komma, or created for Uitgeverij Komma, for any purpose other than the one for which it was provided or created.
- If text and/or image material has been provided by or created for Uitgeverij Komma prior to the conclusion of an agreement, and the agreement is subsequently not concluded, the counterparty is obliged, upon first request, to return or send this text and/or image material to Uitgeverij Komma, to destroy any copies of that material, and not to keep any copies.
Article
5
Ownership
- Uitgeverij Komma owns all intermediate materials, such as stamps, lithographs, embossing stamps, and the like. The counterparty is obliged, upon first request by Uitgeverij Komma, to surrender these or to send them to Uitgeverij Komma or a third party designated by her.
Article
6
Delivery
- The counterparty delivers to Uitgeverij Komma no later than the agreed delivery date. If the delivery date is exceeded, default occurs.
- Over-delivery or under-delivery is not permitted.
- In case of breach of these obligations, the counterparty forfeits an immediately payable and non-reducible penalty to Uitgeverij Komma amounting to 25% of the value of the relevant delivery, without prejudice to Uitgeverij Komma’s right to full compensation.
Article
7
Invoicing and payment
- Invoicing to Uitgeverij Komma takes place no earlier than after the counterparty has delivered and Uitgeverij Komma, in its judgment, has been adequately enabled to inspect the delivered goods.
- Unless explicitly agreed otherwise, no advance payment will be made.
Article
8
Liability
- Except in cases of intent or gross negligence, Uitgeverij Komma is never liable for any damage the counterparty may suffer in connection with any legal relationship with Uitgeverij Komma.
- Any liability is limited to direct damage; consequential damages are always excluded.
- All potential legal claims by the counterparty expire one year after delivery.
Article
9
Disputes
- Disputes that cannot be resolved through mutual consultation or mediation shall be exclusively subject to the judgment of the competent court in The Hague. Dutch law applies exclusively to all disputes.
