1.1 These conditions apply to all contracts with NEWSTAR COMPUTER PRODUCTS EUROPE BV (hereinafter referred to as NEWSTAR), unless otherwise expressly agreed in writing.
1.2 Applicability of terms and conditions used by the buyer are excluded, unless otherwise expressly agreed in writing. In case (yet) (some) provisions of buyers' terms and conditions apply, will, if and to the extent those provisions are contrary to these conditions of sale, this sale go.
1.2.1 If and insofar as a decision of a competent authority made in the force of partially invalid or unenforceable, one or more provisions of these terms and conditions will remain the other provisions remain in full force, but parties are then held additional provisions consistent with economic effect as close as possible that approaches such determination were invalid or unenforceable.
Art. 2: Price quotations, offers, acceptance
2.1 All quotations and offers are subject to. Unless otherwise expressly agreed in writing. Agreements are only binding after written confirmation of NEWSTAR NEWSTAR has begun with the implementation of the respective command.
2.2 If the acceptance deviates from the range of NEWSTAR this shall be deemed a rejection of the original offer, even if the acceptance deviates only a minor issue.
Art. 3: Time and place of delivery
3.1 Delivery will take place at the address specified by the other party in the Netherlands and at the expense of the other party.
3.2 Delivery times are approximate. An exceeding of the delivery gives the other party the right to compensation, even if NEWSTAR default.
3.3 NEWSTAR is entitled to supply in parts to take place, in which case they are also entitled to invoice each partial delivery separately
3.4 If the other party fails to take the goods into NEWSTAR be entitled at its option to store either the goods at the expense and risk of the counterparty fails to terminate without prejudice to the contract of sale in whole or in part without judicial intervention NEWSTAR right to claim full compensation.
Art. 4: Advertising; dissolution
4.1 The other party shall immediately check the goods on delivery and convince the state in which the goods are. Advertisements with relations to the state of the delivered goods immediately and in writing to be done, but no later than within 10 days after delivery, failing which NEWSTAR will not be liable for any defects in the goods.
4.2 In case NEWSTAR (partially) an advertising ring accepts, will NEWSTAR at its discretion, the agreement may terminate (without judicial intervention), or replace the goods (without additional cost), or give a reasonable reduction of the purchase price which the other party retains the goods .
Art. 5: Payment Terms
5.1.1 All prices are based on exchange rates, import duty and other taxes and duties, which affect the selling price and which are in force at the time the agreement is entered into. In case of adjustment of one or more of these factors, before delivery takes place in accordance with the agreed delivery time, NEWSTAR the right yet to calculate its selling prices, so that reasonably provide for cases changes.
5.1.2 the consequences of any governmental action, including, within the framework of the European Communities, including all taxes, duties, levies and / or monetary compensation, etc., if and to the extent not yet included in the sale price for expense and risk of the other party.
5.2 Unless otherwise agreed, payment due within 10 days after the invoice date.
5.3 If the invoice in the amount of maturity is not fully paid, will the other party be in default by the mere lapse of time without such notice is required.
5.4 The other party is not entitled to any discount, compensation settlement.
5.5 NEWSTAR reserves the right at any time (including delivery) to ask advance payment or security for the retail price of the other party by means of a bank guarantee, an irrevocable letter of credit or any similar document, assignment of claim or otherwise. If the other party is not a certainty at the first request, the other party shall be deemed to be in default with respect to payment of the purchase price with respect to the acceptance of the goods and NEWSTAR will be entitled to (partial) agreement to terminate or suspend without judicial intervention, without prejudice to its right to claim damages
5.6 In case of failure to pay the other party the following charges:
* The handling large € 25, -
* The statutory interest
* The extrajudicial collection costs, which at least € 50, - per day
* The judicial costs actually incurred by Newstar
* All damages NEWSTAR suffers as a result of changes in exchange rates when the purchase price is denominated in euro
Art. 6 Installation6.1 installation and facilities are at all times on behalf of the other party.
Art. 7 Liability
7.1 NEWSTAR will not be liable for any losses, costs and / or damages resulting from any delay and / or failure to comply with its obligations, if such is caused by circumstances reasonably beyond its control and / or are beyond its control, not exhaustively understood war, situations equal to war, riots and public order disturbances, earthquakes, storms, floods, fire or any other nature disaster, accidents, blockades, the elimination of transportation facilities, strikes and other forms of work stoppage or interruption of production, whole or partial non-performance by third party goods or services received of whom should be limited reduction capacity, boycotts, actual limits of public support or lack of required import and export licenses. If a case referred to above, will NEWSTAR notice in writing and shall at its discretion be entitled to suspend its obligations or to dissolve the agreement.
7.2 NEWSTAR will not be liable for consequential damages or any other damages whatsoever as a result of a lack of supply.
7.3 The total liability of NEWSTAR with respect to a particular contract will be limited to the net principal NEWSTAR for this contract will be charged.
7.4 In all cases where NEWSTAR has the right to rely on these provisions, if they are sued.
7.5 Except insofar as NEWSTAR would be expressly liable under these provisions will NEWSTAR indemnify the other party against any claims, actions, costs, losses and damages arising or related to the goods supplied.
Art. 8 Retention of title
8.1 The business delivered remain property of NEWSTAR until the other party has fully satisfied all claims relate with on delivered under the contract or to be delivered, in or to be carried out under such agreement including work and all claims due to fail in the fulfillment of such agreements, including all collection costs and interest.
The other party is not allowed the delivered goods, property transferred, otherwise than in the normal course of business or goods to pledge or other security for the benefit of third parties.
8.2 In the event the other party remains negligent in the fulfillment of any obligation towards NEWSTAR or in case the other party is bankrupt hit or liquidates or enter into a debt settlement with its creditors or any steps taking to ensure this, for within a period of 30 consecutive ceases to do business, then NEWSTAR entitled without further notice and without judicial intervention to take back the goods.
8.3 The other party required to establish, if possible, by reservation at the ownership transfer of the goods delivered, for all existence and future claims of NEWSTAR on the other party, below also located on the goods delivered on the first request on behalf of NEWSTAR an undisclosed pledge all collection costs and interest included.
Art. 9 Warranty9.1 NEWSTAR required, unless otherwise agreed, is in case of failure hit for three months after delivery, (parts) the equipment, to replace or repair, without before labor or material charge to bring this choice of NEWSTAR
9.2 The repair or replace equipment or components thereof must be against payment of travel and accommodation, transport etc. sent carriage paid to NEWSTAR
9.3 Any right is lost if the failure is due to improper use of the equipment or if it appears that repairs are carried out by third parties to the equipment warranty
Art. 10 Confidentiality and protection of personal data
All product prices, descriptions, availability and related information ("Information") supplied by NEWSTAR regardless of the form is the property of NEWSTAR. NEWSTAR hereby grants the Client a limited, non-exclusive, non-transferable license to use the Information for its internal use only in connection with the purchase and sale of NEWSTAR products. NEWSTAR is entitled to discontinue the provision of Information at any time without prior notice. The Client agrees to keep the Information confidential and not to use, disclose, report, publish, disclose or transfer it to another person or entity without the prior written permission of NEWSTAR. The Client is obliged to take measures to ensure that this confidentiality is observed by its employees. NEWSTAR gives no warranty, expressly or implicitly, on the accuracy or completeness of the Information.
The Client is not permitted to use the logos and trademarks of NEWSTAR without the prior written permission of an authorized representative of NEWSTAR.
In order to identify a Client, process an order or order and / or organize transport of the items or licensing of software, NEWSTAR uses data from an identified or identifiable person ("Personal Data") such as name, email address, address, company name and telephone number of a contact person of the Client and / or a client of the Client. In such cases, NEWSTAR processes and collects Personal Data as processor for the benefit of the Client who is the controller as described in the Data Protection Act. Both parties will comply with Dutch and European legislation, including the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("Data Protection Law"), in the event of the use, processing, disclosure, transfer or distribution of Personal Data, and to keep such Personal Information secret. The Client acknowledges and agrees that NEWSTAR is entitled, for the fulfillment of an assignment and for subsequent delivery with its legal or contractual obligations, to process, collect and transfer its provided information and Personal Data to its suppliers, subcontractors and / or associated companies. send. The Client guarantees that, if necessary for the above, he has received the permission of his contact person and customers for this exchange of information to NEWSTAR, its suppliers, subcontractors and / or associated companies. Insofar as NEWSTAR Processes Personal Data on behalf of the Client, NEWSTAR:
a) process the Personal Data of the Client in accordance with its reasonable instructions and the legal provisions and use it for no other purposes than those established by the Client;
b) not carry out, publicize or otherwise grant access to the Personal Data to third parties without the prior permission of the Client or if this is necessary to comply with a local, EU or US legal obligation or to perform the assignments ( eg to transport the goods through a courier). If transfer outside the EEA takes place, it will be carried out in accordance with the requirements in the Data Protection Law and secured by an adequate protection mechanism such as the EU standard contract provisions and / or EU-US Privacy Shield certification;
c) take reasonable steps to ensure the reliability of the personnel who have access to the Personal Data and that these personnel are under confidentiality;
d) take into account the state of the art, the implementation costs and the nature, size, context and processing purposes, take appropriate technical and organizational measures against unauthorized or unlawful processing, unintended loss, destruction or damage to the Personal Data;
e) informing the Client of any request from a data subject, notifications from third parties, breach of security or loss of the Client Personal Data and working with the Client to prevent the consequences thereof;
f) offer reasonable assistance to the Client in order to enable the Client to comply with its obligations under the Data Protection Act;
g) upon termination of the business relationship, the processing of the Client will stop Personal Data and delete them;
h) if NEWSTAR engages sub-processors outside its organization (eg logistics companies for the transport of the goods) during the processing of the Personal Data, NEWSTAR will enter into an agreement with the latter that complies with the Data Protection Law and these Terms and Conditions. At the request of the Client, NEWSTAR will provide a list of sub-processors;
i) NEWSTAR agrees, after reasonable notice and not more than once every 12 months, to be audited by a jointly agreed independent auditor to validate its compliance with the Data Protection Law obligations. All costs relating to such audits are at the expense of the Client.
Personal data-related questions or requests can be sent to firstname.lastname@example.org.
Art. 11 Jurisdiction
11.1 All offers, order confirmations and agreements will be governed by Dutch law.
11.2 All disputes will be submitted to the competent court in the District of Haarlem.
Spelling, grammar and other errors in the text reserved.
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