Terms of delivery
Article 1 General
These general terms and conditions apply to all agreements concluded by Magis Publishers (in Dutch: Magis Uitgeverij), of whatever nature and are applicable except for changes that must be explicitly confirmed in writing by Magis Publishers.
2. Unless expressly agreed otherwise in writing, general terms and conditions of customers apply to transactions entered into with Magis Publishers only insofar as they do not conflict with these terms and conditions. In case of doubt about the question or such conflicts, the conditions of Magis Publishers will prevail.
Article 2 Offers
- All offers from Magis Publishers are always without obligation, unless otherwise agreed in writing.
- The provisions of article 1 and this article also apply to offers and promises made by representatives of Magis Publishers or other persons on behalf of Magis Publishers, as well as to the agreements made by them.
- The amounts stated in the quotations are exclusive of turnover tax, value added tax and the like.
- In the case of composite quotations, there is no obligation to deliver part of it at a corresponding part of the price stated in full in advance.
- Apparent mistakes in the offers of Magis Publishers release Magis Publishers from the obligation to deliver and / or compensation resulting therefrom.
Article 3 Delivery
- All deliveries to Magis Publishers can only take place after an order from Magis Publishers by means of a numbered order form.
This number must be stated in the invoice sent to Magis Publishers. In the absence of this order form or number, Magis Publishers is not obliged to make payment.
- All deliveries must be made exactly at the time as stated on the written order. If the delivery time is exceeded, Magis Publishers is not obliged to accept the goods.
- Contrary to the conditions of, among others, printing suppliers, press shops, etc., the stated numbers may not be deviated from.
Article 4 Changes by order
- Changes in the original order of whatever nature, made in writing or orally by or on behalf of the customer, which cause higher costs than could be expected in the quotation, will be charged additionally to the customer. Changes which, on the other hand, result in a reduction of costs will lead to payment of a lower amount than agreed.
- Any changes in the execution of the order still required by the customer after the order has been given must be notified to Magis Publishers by the customer 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 customer.
- Changes made to an assignment already given may result in Magis Publishers exceeding the agreed delivery time before the change beyond its responsibility.
Artikel 5 Delivery
- Unless otherwise agreed, deliveries by Magis Publishers are not carriage paid to the delivery address. Magis Publishers uses the most advantageous transport method for the customer.
- Goods to be delivered by Magis Publishers are at the risk of the customer, which risk is transferred to the customer as soon as the goods have left the warehouses or the warehouses of these third parties upon delivery to third parties.
- Magis Publishers is authorized to insure the goods at the expense of the customer against risks to be determined by Magis Publishers.
- Delivery is deemed to have taken place:
a. If the goods are collected by or on behalf of the customer: by taking receipt of the goods.
b. When shipped via a means of transport of Magis Publishers: by delivery to the home or warehouse of the buyer.
- Delivery as referred to in these conditions need not intend or cause a transfer of ownership. See further what is stated in article 6.
Article 6 Delivery time
- The delivery times stated by Magis Publishers are without obligation and are approximate.
- The delivery time commences after Magis Publishing has accepted the order in writing, all formality and necessary for the commencement of the activities have been fulfilled, all necessary documents are in the possession of Magis Publishers and the customer Magis Publishers, moreover, in accordance with Magis Publishers house, has provided the information required for the performance of the work and has carried out preparatory work. If, moreover, payment in installments has been agreed upon acceptance of the order and the first installment at the order lapses, the delivery time will not start earlier than after receipt of the first payment term.
- With regard to the delivery time, the goods are deemed to have been delivered when they or the most important parts thereof, all this at the discretion of Magis Publishers, are ready for dispatch, after the customer has been informed by Magis Publishers.
- Transfer of the delivery time, for whatever reason, will never entitle the customer to compensation, dissolution of the agreement or non-fulfillment of any obligation that may arise for him from this or any other agreement related to this agreement or whether not have work carried out under or by third parties for the performance of the agreement, unless there is intent or gross negligence on the part of Magis Publishers and the provisions of sub 6 below.
- Extension of the delivery time can only take place at the request of the customer with the express permission of Magis Publishers. Any costs and losses arising for Magis Publishers from this extension are for the account of the customer.
- The customer can only claim compensation for damage suffered with regard to non-delivery, late delivery or incomplete delivery if the customer has summoned Magis Publishers in writing immediately after expiry of the delivery period or delivery date within eight days of sending the summons to it. fulfill delivery obligations and Magis Publishers remains in default thereof.
- Contrary to the foregoing provisions, the agreement is deemed to be dissolved by operation of law if or insofar as it has not been executed within three months after the expiry of the delivery term or delivery date.
Article 7 Delay by the customer
If the progress in the execution or delivery of the order is delayed by the customer or due to force majeure on his part, Magis Publishers can pay a part of the total price quoted proportionally and in proportion to the finished or delivered part and for the other Costs already incurred for the entire order, whether or not increased by the usual custody fee for the goods in storage, will be disposed of on the term by which it would have been decided if no delays had occurred. If this term has not been explicitly agreed in advance, the aforementioned will be available immediately after the expiry of the time normally required for the preparation of the order in this matter.
Article 8 Transfer of Ownership and Risk
Immediately after the goods, or the most important parts thereof, at the discretion of Magis Publishers, are deemed to have been delivered within the meaning of Article 4, the customer bears the risk of all direct and indirect damage to or by these goods at the option of the customer. to demonstrate that all this is the result of negligence on the part of Magis Publishers; Without prejudice to the provisions of the preceding paragraph, ownership of the goods or the most important parts thereof will not pass to the customer until all that is owed by the customer in respect of the goods, including any interest and costs. met, without prejudice to rights acquired for third parties.
Article 9 Right of retention
If Magis Publishers has in its possession goods of the customer, Magis Publishers is entitled to retain those goods in order to pay all costs that Magis Publishers still has for the execution of orders related to the aforementioned or other goods of the customer, unless the customer has provided adequate security for those costs. Magis Publishers also has the right of retention if the customer is declared bankrupt or has been granted a moratorium.
Article 10 Payment, interest and costs
- Insofar as no other payment conditions have been agreed, the customer will always have to pay the amounts of the invoices without discount or compensation within thirty days of the invoice date.
- If a customer has not paid within the aforementioned term or within the agreed term, he is deemed to be in default by operation of law and Magis Publishers has the right, without any demand or notice of default being required, to pay the customer an interest of 1 % per month from the due date, until the date of full payment, all this without prejudice to any further rights accruing to Magis Publishers. Monthly portions are calculated as one month.
- The customer is also indebted to Magis Publishers, outside the obligations arising from these general terms and conditions and the agreement entered into, all extrajudicial and judicial costs that Magis Publishers incurs in order to fulfill, dissolve or pay compensation under this agreement, whether or not in law. to claim the customer or be held liable by the customer to defend himself, unless in the latter case, according to a court decision, Magis Publishers has falsely defended himself.
- Extrajudicial costs are payable by the customer in any case that Magis Publishers has insured itself for the collection with the help of a third party. Without prejudice to any further rights and claims, the extrajudicial costs will in any case amount to at least 15% of the principal amount owed, to be increased by the turnover tax, VAT.
Article 11 Advertising
- Complaints are understood to mean all grievances of the customer with regard to the quality of a delivery.
- Complaints can only be made valid if they are submitted in writing within eight days of receipt of the goods, together with proof that it concerns a complaint with regard to deliveries made by Magis Publishers. The customer who has not properly inspected the delivery within eight days of receipt is deemed to have approved the delivery.
- Under no circumstances will the customer be able to assert a claim against Magis Publishers after the customer has passed on the delivered goods or part thereof to third parties.
- Minor deviations considered permissible in the trade cannot constitute grounds for complaints.
- In the event of a justified complaint, Magis Publishers always has the right to replace the complained goods with other goods, provided that the redelivery takes place within seven days after receipt of the complaint.
- By submitting a complaint, the payment obligation with regard to the goods in question is only suspended if a procedure has been instituted by the District Court in Breda for the matter of the complaint, and this from the time when that procedure was started. . The goods in question are always understood to mean that part to which the complaint relates. The suspension ends at the time when the Court has given a decision or the dispute has been amicably resolved.
- Returns that are not preceded by a written complaint as referred to in paragraph 1 of this article are not permitted. The costs of unauthorized or unfounded return shipments are not for the account of the customer. In such cases, Magis Publishers has the right to store among third parties at the risk and for the account of the customer or to store them in spaces designated for this purpose by Magis Publishers. The customer is obliged to insure the goods to be returned. In addition, the customer is liable for the damage caused by his negligence. With regard to the costs associated with the unauthorized return shipments and the permitted measures taken by Magis Publishers as a result thereof, the specification of Magis Publishers by the customer is binding, subject to proof to the contrary.
- If Magis Publishers has delivered incorrect goods, the customer will immediately notify Magis Publishers and enable it to retrieve the wrong goods or have them returned and to deliver the correct goods. The customer is liable for careful storage of the wrong delivered.
Article 12 Force majeure
- Force majeure is understood to mean any circumstance that may prevent or impede the fulfillment of any obligation on the part of Magis Publishers and for which it does not apply that, according to the apparent purport of the obligation in question, Magis Publishers intended that those circumstances should at least include war, mobilization, riots, flooding, closed shipping and other disruptions to transport, stagnation in respectively limiting or stopping supplies by public utilities, lack of coal, gas, petroleum products or other means of generating energy, fire, machine breakdown and other accidents, strikes, lockouts, action by the workers’ organization, which makes production impossible, government measures, non-delivery of necessary goods to Magis Publishers by third parties and other unforeseen circumstances, including in the country of origin of the goods, which affect the normal course of business disturb and delay or reasonably make impossible the execution of an order as well as suspension of payment, suspension, liquidation or bankruptcy of the customer or his company and also improper and / or late fulfillment by the customer of his obligations towards Magis Publishers, as well as any will and / or control of Magis Publishers independent circumstance – whether or not foreseeable – as a result of which the full or partial execution of the assignment is clearly or permanently prevented.
- In case of force majeure, Magis Publishers has the right to continue the execution of the work as soon as this is possible again, at which time Magis Publishers is also entitled to pass on any price change.
Article 13 Liability
- Subject to generally applicable legal rules of public order, the fulfillment by Magis Publishers of its obligations is always the sole and complete compensation and any other claim for compensation on the part of the customer is excluded.
- Magis Publishers is never obliged towards its customers to compensate costs, damage and interest, among other things due to personal accidents, damage to movable and immovable goods, the loss of added value goods as a result of their being wholly or partially unusable. caused either directly or indirectly by the customer or third parties, unless the customer demonstrates that this is due to intent or gross negligence on the part of Magis Publishers.
- The liability of Magis Publishers by virtue of any agreed delivery is limited to such an amount as, given the circumstances of the case, in reasonable proportion to
a.the invoice amount, in the absence of the value of the agreed performance,
b.- in case of delivery in installments – the invoice amount or the value of the goods concerned. The liability will never exceed a percentage of 50, to be calculated on the invoice amount exclusive of turnover tax.
- The customer is obliged to indemnify Magis Publishers and indemnify them against all costs, damage in interests that may arise for Magis Publishers as a direct or indirect result of third-party claims against Magis Publishers in respect of incidents, acts or omissions. , for which Magis Publishers is not liable under this article.
Article 14 Dissolution
- Without prejudice to the further rights accruing to Magis Publishers, Magis Publishers has the right, Magis Publishers is prevented from executing the agreement due to force majeure as referred to in Article 10, to suspend the execution of the agreement or to suspend the agreement without judicial intervention. to be dissolved in whole or in part, at the discretion of Magis Publishers, without Magis Publishers being obliged to pay any compensation or guarantee.
- If the customer does not, not properly or not timely comply with any obligation that may arise from this or from any other agreement concluded with Magis Publishers, as well as in the event of bankruptcy, suspension of payments, closure or liquidation of the company of the customer, he is considered to be in default by operation of law and Magis Publishers has the right, without any notice of default and without judicial intervention, to suspend the execution of the agreement or to dissolve the agreement in whole or in part, at the discretion of Magis Publishers, without Magis Publishers being obliged to pay any compensation or guarantee, but the Magis Publishers will reduce further rights. In these cases, any claim that Magis Publishers has or will receive against the customer is immediately and immediately due and payable.
- If Magis Publishers, in accordance with the provisions of paragraph 2 of this article, suspends the execution of the agreement, Magis Publishers will store the finished goods, which are in progress and the other goods included in the price, at the expense and risk of the customer and the customer will pay Magis Publishers the contractual price, minus the price of the missing items calculated in that price and any installments already paid.
- If Magis Publishers, pursuant to the provisions of paragraphs 1 and 2 of this article, dissolves the agreement in whole or in part, Magis Publishers has the right to demand from the customer that the completed, the work in progress and the other price includes materials until payment of the contractual price, less the price calculated in that price of the missing and any installments already paid, failing which Magis Publishers will choose the goods for the account and risk of the customer. will store or sell. In the cases stated in the two preceding paragraphs, the ownership of the goods paid for is transferred to the customer at the moment the payment is made.
Article 15 Applicable law
With regard to this agreement and with regard to agreements resulting from it, the parties declare to submit to Dutch law. The district court in Leeuwarden will be authorized to hear any disputes.