Uitgeverij Komma Purchase Conditions

Article

1

Applicability

  • These purchase conditions apply to all contracts 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 the Uitgeverij Komma. Applicability of any conditions of the counterparty is expressly excluded.

Article

2

Written from requirement

  • Uitgeverij Komma is only bound after a written contract has been concluded or post-written confirmation has been given by Komma to the counterparty.
  • Barring an express agreement to the contrary, Uitgeverij Komma is never bound to compensate for the costs of offers, models, dummies or any other costs incurred by the counterparty.

Article

3

Confidentiality

  • Uitgeverij Komma and the counterparty are obliged to maintain confidentiality with regard to all information they have exchanged with each other, except insofar as this information was publicly known at the time of the initial exchange.


Article

4

Use of text and/or visual material

  • Party undertakes towards Uitgeverij Komma to make no other use of text and visual material supplied by or on behalf of Uitgeverij Komma, or of text and/or visual material produced on behalf of Uitgeverij Komma, than solely for the purpose for which it has been supplied or produced.
  • If, in anticipation of the establishment of a contract, text and/or image material has been supplied by Uitgeverij Komma, or has been produced for Uitgeverij Komma, and the contract is subsequently not established, then the counterparty is obliged to return or send to Uitgeverij Komma this text and/or image material at the first request, to destroy any copies of such material, and not to retain any copies.

Article

5

Ownership

  • Uitgeverij Komma is the owner of all intermediate materials, such as stamps, lithos, embossing stamps and the like. The counterparty is obliged to hand these over at the Uitgeverij Komma's first request or to send them to Uitgeverij Komma or a third party to be specified by it.


Article

6

Delivery

  • The party will deliver to Uitgeverij Komma no later than the agreed delivery date. Exceeding the delivery date will constitute a default.
  • More or less delivery is not permitted.
  • By breaching these obligations, the counterparty forfeits an immediately claimable fine to Uitgeverij Komma of 25% of the value of the delivery in question, which is not open to judicial moderation, without prejudice to Uitgeverij Komma's right to full damages.

Article

7

Invoicing and Payment

  • Invoicing to Uitgeverij Komma takes place no sooner than after the counterparty has delivered and Uitgeverij Komma has, in its opinion, been given sufficient opportunity to inspect the goods supplied.
  • Unless expressly agreed otherwise, no payment will be made in advance.

Article

8

Liability          

  • Barring intent or gross negligence, Uitgeverij Komma is never liable for damage which the counterparty may suffer in connection with any legal relationship with Uitgeverij Komma.
  • Any liability is limited to direct damage; consequential damage is always excluded.            
  • All possible legal claims on the part of the counterparty expire at the end of one year after delivery.

Article

9

Disputes

  • Disputes that cannot be settled by mutual agreement or mediation are subjected to the exclusive jurisdiction of the competent court in The Hague. All disputes shall be governed by Dutch law exclusively.