Terms and Conditions

GENERAL CONDITIONS OF SALE, DELIVERY AND PAYMENT OF THE NETHERLANDS ASSOCIATION OF WHOLESALERS IN PAPER AND PACKAGING MATERIALS (NVGP)


ARTICLE 1: GENERAL

In the following general conditions the following terms shall have the following meanings:
NVGP: Dutch Association of Wholesalers in Paper and Packaging Materials

Us: the member of the NVGP acting as (selling) party of the first party

Buyer;
Other Party;
Client;
Buyer; any other party who makes or has made a contract with the member of the NVGP or requests a quotation or to whom a quotation is sent by the member
Goods;
Products;
Articles;
Goods: all objects which may be the subject of a contract with the member of the NVGP.
       The terms are used interchangeably according to their specific application.

ARTICLE 2: APPLICABILITY
These general conditions apply to all our offers and all contracts with us of whatever nature and whatever they are called.
Deviation from these general conditions is only possible if we expressly state or acknowledge this in writing.
Other general terms and conditions, such as purchasing conditions of other parties, to the extent that they are not in accordance with these general terms and conditions, shall only be applicable if we have expressly confirmed this in a separate document.
These general terms and conditions shall also apply for the benefit of our staff and auxiliary personnel who are involved in the execution of the contract, as well as for the benefit of third parties by whom we have the contract wholly or partly executed.
The other party accepts the applicability of these general conditions also and unconditionally for all future agreements and offers for agreements.

ARTICLE 3: OFFERS
All offers are without obligation, unless the offer sets a deadline for acceptance. Nevertheless, we are entitled to revoke our offer as long as the other party has not yet accepted the offer.
In the case of a composite quotation included in an offer, there is no obligation for us to deliver part of the goods included in the offer at a proportionate part of the price quoted for the whole.
Offers only cover the quantities and products mentioned in the quotation and do not automatically apply to repeat orders.
Illustrations, sizes, weights, colors, technical data and the like in brochures, quotations and agreements should be understood in such a way that the other party must take account of minor deviations that do not exceed the limits of normal (see also articles 8 and 22).

ARTICLE 4: FORMATION OF AGREEMENTS AND CONFIRMATION
If and insofar as we have stipulated a period for acceptance in an offer, an agreement is concluded by full, written and unconditional acceptance of that offer by the other party within the stipulated period.
In all other cases, a contract is concluded only by written order confirmation on our part or by delivery by us. In the latter case the invoice from us shall be regarded as written confirmation of order.
Agreements brought about through the mediation of our representatives/agents are binding on us only after they have been confirmed by us in writing or after we have proceeded with delivery.

ARTICLE 5: CANCELLATION
Cancellation of an agreement (order) by the other party is not possible without our explicit written consent. The request for cancellation must be made to us in writing.
If the request for cancellation is accepted by us, we are entitled to attach conditions to that consent.

ARTICLE 6: DISSOLUTION
If the other party does not meet one of his obligations from a contract concluded with us, or does not meet it in time, as well as in case of non-timely payment of amounts recoverable, interruption of payment, application for suspension of payment, application for bankruptcy, application of a debt rescheduling arrangement or placement of the other party in receivership or in the event of the liquidation of the other party's company, we shall be entitled to dissolve the agreement as well as other agreements between us and the other party that have not yet been executed in whole or in part without notice of default and/or judicial intervention and to claim damages.

ARTICLE 7: PRICES
Unless expressly stated otherwise, quoted or agreed prices shall be in Euros. If prices are quoted in foreign currency and the equivalent value in Euros is indicated, this equivalent value shall only be approximate.
Unless expressly stated otherwise, our prices are:
exclusive of VAT;
on the basis of our minimum quantities;
ex warehouse;
  • exclusive of import and export duties and any other government levies;
  • exclusive of costs of transport, storage and transshipment (exclusive of fuel surcharge and maut)
  • exclusive of insurance costs
  • exclusive of disposal fee;
  • exclusive of environmental taxes or environmental surcharges imposed or to be imposed by the government;
  • exclusive of quality control costs.
If one of the factors determining the cost of a product changes in the period between the date of the offer and the date of delivery, we shall be entitled to adjust the agreed price accordingly, regardless of whether or not the cost price increase was foreseeable at the time of the offer or confirmation, all this in compliance with the relevant statutory regulations. If the new price differs from the agreed price by more than 5%, the Customer shall be entitled to dissolve the contract free of charge. In that case we shall not be liable for compensation.
Price changes as a result of exchange rate fluctuations and changes in the exchange rates between the Euro and other currencies, when any payment in connection with the delivery has to be made in currencies other than the Euro, shall be at the Customer's expense insofar as such changes deviate by more than 5% from the exchange rate as it applied on the date of confirmation of the agreement.

ARTICLE 8: QUANTITIES/SIZES
The quantities ordered by the other party are automatically adjusted by us to the minimum quantities/packaging units applied by us.
The quantities stated in the agreement are stated as accurately as possible whereby we are permitted to deviate from the stated or agreed quantity. The degree of deviation is regulated in article 22 of these general terms and conditions.
We shall state the quantities delivered on the delivery document.
If the Customer does not notify Us in writing of any objection to the delivery document within 24 hours of receipt thereof at the latest, the quantity stated on the delivery document shall be deemed to reflect the delivered goods correctly.
We expressly reserve the right to change non-intrusive details regarding goods to be delivered by us without prior notice.
Unless expressly indicated, all dimensions specified by us are approximate. If the dimensions have been provided by the other party, we do not bear any responsibility for this.
If the other party changes dimensions given after the conclusion of the agreement, any related costs can be charged to the other party.

ARTICLE 9: PLACE AND MANNER OF DELIVERY
An agreed delivery time begins to run on the day on which the written order confirmation is dated, or (in the absence of a written order confirmation) on the day on which the other party first addresses us in writing for delivery on a specific date. However, the delivery period shall not begin to run until the other party has made available to us all information, documents, any necessary permits and materials to be handled necessary for the execution of the agreement.
The delivery periods stated by us are always approximate and are never strict deadlines. Exceeding such a period shall not entitle the Purchaser to dissolve the agreement unless the delivery period has been exceeded to such an extent that the Purchaser can no longer be required to maintain the agreement in accordance with the requirements of reasonableness and fairness. If the Purchaser dissolves the agreement, this shall not result in any obligation for Us to compensate any damage suffered by the Purchaser in this respect.
Before the other party can dissolve the contract as referred to in clause 9.2, we must be given written notice of default in the event of late delivery and we must be granted a period of at least 14 days in which to still fulfil our obligations.
Place of delivery is our warehouse in the place of our (main) establishment.
Each partial delivery shall be considered and treated as a separate delivery with all legal consequences attached thereto.
If the Purchaser notifies us before delivery that it wishes to receive the articles at a place other than the agreed place, we shall comply with this insofar as this can reasonably be required of us. If complying with this request involves extra costs on our part, the Purchaser shall be obliged to compensate Us for these extra costs. If we comply with the Purchaser's request, the provisions of Article 10 of these Terms and Conditions shall apply mutatis mutandis.
The Purchaser must ensure that any customs documents are returned to the responsible authorities in good time, failing which the additional costs involved shall be borne by the Purchaser.

ARTICLE 10: TRANSPORT
If we take care of the transport of items destined for the Purchaser, this shall take place at the expense and risk of the Purchaser in a manner to be determined by us.
With the exception of those cases in which articles are not transported to our customers by our own means of transport, the General Transport Conditions or, as the case may be, the CMR conditions as used in the world of transport shall apply to the transport.
Unless the transport is carried out with our own transport, the goods are not insured during transport. The Customer is responsible for this.
If delivery is not possible at the place indicated by the buyer, the extra costs incurred in connection with this shall be borne by the buyer.
Delivery will always take place next to the vehicle delivering the articles. The Purchaser is obliged to take delivery of the articles there. The Purchaser shall together with us be responsible for unloading the goods. If the Purchaser fails to do so, the additional costs incurred by us as a result shall be at his expense.

ARTICLE 11: PACKAGING AND USED PACKAGING MATERIALS
Unless expressly stated otherwise by us, packaging is included in the price of our articles. For this purpose, packing materials do not include commercial packaging. We do not charge a deposit for packaging unless we are required to do so by the government, or this has been expressly stated by us.
If our goods are delivered on so-called Europallets or on pallets which are part of a pallet pool, we shall charge these pallets as packaging unless identical, undamaged pallets are returned to us upon delivery.
If we are required by our customer or by the authorities to take back packing materials or packaging materials delivered and used by us upon delivery of our products, the costs involved in this, including any costs of destruction, shall be borne by the customer.
Packaging such as roll containers, crates, boxes, pallets and the like, insofar as not intended for single use, shall remain our property. The Purchaser remains liable for the packing materials sent to him, even if no deposit is charged for them. The Purchaser is obliged to return the empty return packing materials in his possession to Us as soon as possible at the Purchaser's expense unless explicitly agreed otherwise.
Packing material charged (deposit) shall be credited by Us after this packing material has returned undamaged to our warehouse. In the event of minor damage, we reserve the right to credit less than the deposit charged. In the event of extensive damage, no amount will be credited and the packing material will be at the Customer's disposal, which we will notify him of.

ARTICLE 12: STORAGE
If goods bought/ordered by the Customer cannot be delivered by Us at the agreed time, we shall store these goods at the Customer's risk. The related costs shall be borne by the Purchaser.
We may agree with the Other Party that we will store items sold to or ordered by it in our warehouse. The starting point for this will always be that we are entitled to invoice the stored articles immediately and in full. The other party may dispose of these articles on demand.
If the other party makes use of this possibility, a separate call-off order agreement may be concluded.

ARTICLE 13: RETENTION OF TITLE
As long as the Other Party has any payment obligation towards us, all items present on the Customer's premises originating from us shall remain our property, either by virtue of the retention of title contained in this article, or by virtue of a non-possessory pledge to which the Other Party hereby establishes a pledge for our benefit.
All goods delivered and to be delivered by us remain our property until the Purchaser has fulfilled all obligations under all agreements concluded with us.
The Purchaser is not authorized to dispose of or encumber the goods delivered in any way whatsoever before payment has been made in full, unless we have been informed of this and have agreed to it. If the Purchaser fails to comply with this obligation, the purchase price shall be immediately due and payable in full.
The Purchaser is obliged to notify the contents of this retention of title clause to the person to whom he has given goods delivered by us, whether or not as security, in undisclosed pledge.
The Purchaser hereby grants us the right, where appropriate, to enter all those places where our goods are located in order to exercise our property rights.

ARTICLE 14: COMPLAINTS
14.1 The Customer must inspect the purchased goods upon delivery or as soon as possible thereafter. The customer must in particular check whether the delivered goods comply with the agreement, namely:
whether the correct goods have been delivered;
whether the delivered goods correspond in terms of quantity to what has been agreed;
whether the delivered goods meet the quality requirements or, if these are lacking, the requirements that may be imposed for normal use and/or trade purposes.
Complaints must be submitted to us in writing by registered mail with acknowledgment of receipt within 8 days of receipt of the goods, taking into account the provisions of Article 8.4.
Visible shortages/defects and/or damage must be indicated by the customer on the consignment note or delivery document.
If, upon receipt of the goods, no comment has been made on the waybill or receipt with regard to any damaged goods, packaging and/or packaging, this will serve as full proof that the buyer has received the delivered goods in at least a sound and undamaged condition upon delivery. .
The mere fact that a complaint is investigated does not automatically imply that we acknowledge any liability in this regard.
A complaint must at least contain a detailed and accurate description of the defect as well as a statement of further information from which it can be deduced that the goods delivered and rejected by the customer are identical.
The items to which the complaints relate must remain available to us for inspection and/or inspection in the condition they were in at the time the defects were discovered and may not be resold unless we have given express written permission to do so. If it is impossible to keep the goods available, the situation must be recorded upon delivery using visual material (photo/film).
If the complaints concern part of the delivered goods, this cannot give rise to rejection of the entire batch unless the delivered batch cannot reasonably be regarded as usable in such a case.
The buyer is responsible for proving the statement or statements that there is non-conformity of the delivered goods. This burden of proof applies to stated defects such as (not exhaustive), color differences, quantities or weight supplied, dimensions used, thickness, satination, hardness, etc.
If a complaint with regard to a delivered item is justified, we will be obliged to do no more than replace the rejected item at our expense, or (at our option) credit the other party for an amount equal to the amount charged by us. the price owed by the other party for the rejected item.
In the event of total replacement or reimbursement of items, the part already consumed will be taken into account.
The Customer will return the rejected product to us after our prior written permission and under conditions to be determined by us.
Any claim by the customer expires after he/she has put the purchased item into use, has edited or processed it, printed or cut it, or has it put into use, had it treated or processed, had it printed or cut, or has delivered it to third parties. , unless the customer demonstrates that he was not reasonably able to make the complaint known to us at an earlier stage.
The complaint period on invoices sent by us is 8 days. If no written protest has been made against the invoice within that period, it will be deemed to correctly reflect the underlying transaction with us.
After the terms stated in this article have expired, the customer is deemed to have approved the delivered goods or the invoice, after which we will no longer process complaints.
We are released from all liability and are not obliged to accept and/or investigate complaints about defects if the customer has not promptly fulfilled his payment obligations or other obligations towards us, nor in the event that the customer and/or third parties have at the expense of the customer, without our prior written permission, have made any changes or repairs to the goods delivered by us.
Complaints do not give the other party the right to suspend payment obligations or to transfer other existing obligations towards us.

ARTICLE 15: PAYMENT
Goods collected from our showroom/warehouse must be paid in cash unless expressly agreed otherwise in writing with the buyer.
Payment must always be made within 8 days after the invoice date, without any discount or settlement, at our offices or by transfer to the bank or postal account indicated on the invoice.
When executing the agreement, we are always entitled to decide to deliver goods only cash on delivery, or to require payment in advance.
If the other party does not pay within the specified period, it will be deemed to be in default by operation of law without any demand or notice of default being required.
From that moment on, the so-called statutory commercial interest will be due as referred to in Article 6:119a and 6:120 second paragraph of the Civil Code, as well as judicial and extrajudicial costs incurred in order to claim compliance, dissolution and/or compensation, at the expense of the be the other party, except insofar as we have been found to be in the wrong in this regard by an irrevocable court decision.
The extrajudicial collection costs will be deemed to amount to at least 15% of the amount still owed, with a minimum of 250 Euro.
Failure by the customer to fulfill his payment obligations, to fulfill them on time or in full gives us the right to suspend compliance or further compliance with the agreement on our part until the customer has fulfilled this obligation. At our option, we also have the right to terminate the agreement without prejudice to our right to compensation in connection with the later or non-execution of the agreement.
Payments made by the customer will first be used to settle all interest and costs owed and then to pay the invoices that have been outstanding the longest, even if the other party states that the payment relates to a later invoice.

ARTICLE 16: FORCE MAJEURE
In these general terms and conditions, force majeure is defined as, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which we have no influence, but which prevent us from fulfilling our obligations, strikes in our company.
In the event of force majeure, the execution of the agreement will be suspended for as long as the force majeure situation makes it impossible for us to execute the agreement.
In the event of permanent force majeure, we are entitled to terminate the agreement without being obliged to compensate the other party for any damage.
If the force majeure situation on our part lasts longer than one month, the other party has the right to terminate the agreement free of charge, but without being able to claim compensation for damage suffered.

ARTICLE 17: WARRANTY
Subject to the limitations stated in these general terms and conditions, we guarantee the soundness of the goods supplied by us provided that all our instructions regarding the use of these goods have been strictly followed. Items as referred to in this article also include packaging machines and/or equipment.
The warranty on packaging machines and/or equipment commences on the day of delivery of those items. The warranty period expires 6 months later.
We only accept liability for defects for which the customer proves that they arose before or within the warranty period, exclusively or predominantly as a direct result of incorrect manufacture or incorrect processing chosen by us or as a result of defective materials used by us. If the defect is the result of any other cause, we are not liable.
Call-out costs and labor costs (including travel costs) are not covered by the warranty and will be charged by us to the customer.

This warranty does not cover defects that are caused in whole or in part by raw materials, materials or constructions, chosen by the customer or compulsorily imposed on us by any third party, or as a result of a government regulation.
We guarantee the usability of items supplied by us under normal (in the industry) use. The warranty therefore becomes void if the frequency of use is abnormally high. The warranty also lapses if the items are used for any purpose other than that for which they are usually supplied.
The consequences of specific development risks of newly developed items are not covered by the guarantee.
If we are liable under warranty, this liability is limited to replacing the defective items or refunding the amount invoiced for these defective items, at our discretion. The replacement of items is limited to redelivery excluding freight costs. In the event of replacement, a new warranty will be provided for the replacement items, which warranty commences on the day of delivery of the replacement items.

We are not obliged to provide any guarantee:
if the customer does not fully or timely fulfill his obligations under this agreement or any other agreement with us;
if, in the event that we are not the manufacturer of the items supplied by us, the customer has received a warranty from the manufacturer, either directly or through us;
In the event that we are not the manufacturer of the goods supplied by us, our liability is limited to the liability as accepted by the supplier of those goods.

ARTICLE 18: LIABILITY EXCLUSIONS
If we are liable, this liability is arranged as follows:
liability applies for defects in delivered goods as laid down in article 17 of these conditions;
we are only liable if damage is caused by intent or gross negligence on the part of us or our managerial subordinates;
our liability is otherwise limited to the amount of the current transaction;
However, if, according to requirements of reasonableness and fairness, our liability obligation to compensate the amount of the transaction is too small in relation to the damage suffered by the customer, then our liability is limited to a maximum of 125% of the amount of the current transaction;
Consequential damage is expressly excluded to the extent that it amounts to an amount higher than what we are liable for on the basis of the above.
Any further liability is expressly excluded.
If the consequences of any damage arising under this agreement could be insured by the customer, or is normally insured by customers in that sector, we will never be held liable for compensation for the damage suffered.
Except in the case of intent or gross negligence on our part, we are not liable for costs, damage and interest that are directly or indirectly the result of:
violation of patents, licenses, copyrights or other rights of third parties, as a result of the use of data provided to us by or on behalf of the customer;
negligence of our employees or persons used by us in the execution of the agreement;
Models, images, tools, drawings, descriptions, software and all other information made available to us by the customer remain at the customer's expense and risk and will, after use, be returned to the customer at the customer's first written request, at his expense and risk. .
We are not liable for:
(incorrect) installation by third parties and/or incorrect application and/or incorrect processing of items supplied by us;
the customer's failure to obtain the necessary permits;
sustaining injuries during assembly or use, unless the injury is the result of a defective item supplied by us;
the absence and/or unsuitability of the required facilities;
insufficient anchorage.

ARTICLE 19: SOFTWARE
If we supply or make software available to our customer, copyright remains applicable. Copying the programs is not permitted without our express permission or the permission of our supplier. The Customer expressly indemnifies us against any damage that may arise or any claims that may be made against us as a result of illegal use of software.
If software supplied by us is edited and/or expanded without our express permission, any warranty will automatically lapse.
Opening switch and control cabinets without our permission may result in the software we installed becoming unusable. If this is the case, any warranty automatically expires.

ARTICLE 20: PACKAGING UNDER YOUR OWN NAME
If this is agreed, we print packaging materials according to a design by the customer.
If the customer so wishes and we have agreed this with the customer, we can store printed packaging material on demand for the customer in our warehouse. If this option is used, a separate on-call order agreement can be concluded.
Before printing packaging material according to a design by the customer, a printing proof will be submitted to the customer for assessment. After approval, we cannot be held liable in any way for the execution of the printed material, if it does not deviate significantly from the proof.
The provisions included in these general terms and conditions apply to the method of execution, deviations in material and/or color.
We cannot be held liable for color deviations if the color we use is the same as the sample provided to us by the customer, or the color number communicated to us by the customer.
We have the right to charge in full for all costs associated with printing packaging materials according to a design by the customer, such as design drawings, clichés and printing rollers. We will invoice these costs immediately after the printing has been completed, regardless of the fact that the printed packaging materials may be purchased on demand and can therefore also be invoiced in partial deliveries. Payment of that invoice must be made within the applicable period.
All design drawings, printing blocks, printing rollers and the like made by or on our behalf, whether or not at the request of our customer, even if these have been or will be charged to the customer in whole or in part, remain our property.
If an order is not received after a requested quotation, the costs of a design made for this purpose and any clichés already produced may be charged by us to the other party 3 months after the date of the quotation. The other party is obliged to pay these costs.
Printing blocks that have been used by or on behalf of our customer are deemed to have been approved.

ARTICLE 21: INDUSTRIAL PROPERTY
All data, drawings, images and overviews provided by us in catalogs and price lists are protected by copyright. An other party is not permitted to copy these documents or make them available for inspection to third parties without our express permission.
The copyright on designs, drawings, sketches, lithographs, photos, programs (software), models, stamps, die cuts, clichés, designs, etc. produced by us or on our behalf remains with us at all times. They may never be reproduced or made available to third parties without our permission.
Our counterparty indemnifies us against all consequences of any infringement or any right of third parties if we have used a certain image, drawing, model or design at the request of our customer.
If the customer makes raw materials, auxiliary materials, ingredients or printed matter available to us to be processed in items purchased from us by the customer, the customer expressly indemnifies us against possible claims from third parties based on infringement of copyrights and rights under patents, trademarks or models.

ARTICLE 22: TOLERANCES
With regard to the agreed specifications, the deviations included below, both upwards and downwards, are permissible. For assessment purposes, the average of the total quantity delivered in one type, quality, color and design will serve as a benchmark. For specifications other than those mentioned below, the deviations permitted in previous deliveries and, in the absence thereof, the usual deviations are permitted. If a minimum or maximum value has been agreed, a double deviation upwards or downwards is permitted.
With regard to the quantity, we are deemed to have performed properly if deviations in quantities do not exceed:

For paper products:
  • 20% above or below the specified quantity for orders up to 250 kg;
  • 10% above or below the specified quantity for orders from 250 to 5,000 kg;
  • 5% above or below the specified quantity for orders above 5,000 kg.

For plastics or laminates:
  • 30% above or below the specified quantity for orders with a net weight of up to 500 kg;
  • 20% above or below the specified quantity for orders from 500 to 1,000 kg;
  • 10% above or below the specified quantity for orders above 1,000 kg.

For cartons:
  • 20% above or below the specified quantity for orders smaller than 500 kg;
  • 10% above or below the specified quantity for orders between 500 and 10,000 kg;
  • 5% above or below the specified quantity for orders above 10,000 kg.

For all other products:
  • 30% above or below the specified quantity for orders with a net weight up to 500 kg;
  • 20% above or below the specified quantity for orders with a net weight of 500 to 1,000 kg;
  • 10% above or below the specified quantity for orders with a net weight of 1,000 to 5,000 kg;
  • 5% above or below the specified quantity for orders with a net weight above 5,000 kg.

Per order is meant one batch in one size and quality. Invoicing takes place based on the actual quantity delivered.

With regard to materials, we are deemed to have performed satisfactorily if the deviations in quality, color, hardness, satin finish, thickness, etc. are minor. When assessing whether a delivery exceeds the permissible limits, an average of the total delivered batch must be rejected. Deviations in the color of cardboard or stickers do not give any right to complain.
If a packaging range is composed of different basic materials, we do not guarantee color unity.

22.1 With regard to grammages, the allowable deviation in agreed grammage for paper is:
  • up to 39 grams/m² - 8%
  • 40 to 59 grams/m² - 5%
  • 60 and more grams/m² - 4%

and for cartonnages:

  • up to 500 grams/m² - 5%
  • from 500 grams/m² - 8%.

22.2 With regard to the thickness, the allowable deviation of a single measurement compared to the agreed thickness is for:
  • plastic film or laminates up to 40 mu - 20%
  • plastic film or laminates above 40 mu - 15%
  • aluminum foil (whether or not as a component of another product) - 10%
  • other materials or combinations - 15%

22.3 With regard to the format, the permissible deviation from the agreed format is for:
  • paper on rolls 1% with a minimum of 3 mm
  • paper on sheets 1% with a minimum of 5 mm (in length and width)
  • plastic film on rolls up to 199 mm wide - 5 mm
  • plastic film on rolls of 200 and wider - 2½%
  • plastic film bags in unfolded width - 10%
  • plastic film bags excluded length - 10%.

The allowable deviation from the agreed roll diameter is 3 cm. A limited number of so-called residual rolls may have a smaller diameter.

ARTICLE 23: PARTIAL VOID
If one of the clauses or part thereof from these general terms and conditions or any part of the underlying agreement should be null and void or should be annulled, this will otherwise not affect the content of the clause or the provisions of these general terms and conditions. the underlying agreement is upheld.
The parties will then make an arrangement for the void or annulled passage that comes closest to the intention that the parties had with the underlying agreement or with these general terms and conditions.

ARTICLE 24: SCOPE OF PROTECTIVE PROVISIONS
All agents, representatives, employees or others who have received an assignment from us, or who have been appointed or employed by us, will each enjoy the same protection and be entitled to the same exclusions, waivers and limitations of liability as under with regard to ourselves will apply pursuant to these general terms and conditions or pursuant to any agreement concluded with us.

ARTICLE 25: LIMITATION OF CLAIMS AGAINST US
Claims for which we have been held liable will lapse if the customer does not take legal action against us within 6 months after we have been given written notice of default.

ARTICLE 26: COPYRIGHT
These general terms and conditions are issued by the Dutch Association of Wholesalers of paper and packaging materials. She also holds the copyrights. No part of this publication may be reproduced and/or made public by means of printing, photocopying, microfilm or any other means, without the prior written permission of the publisher. Only members of the Dutch Association of Wholesalers of Paper and Packaging Materials are permitted to use these conditions. This permission automatically expires upon termination of membership. If these conditions are used without prior permission, an amount of EUR 5,000 per violation is due under the copyright law.

ARTICLE 27: PACKING MACHINES AND EQUIPMENT
All provisions of these general terms and conditions apply in full to the delivery of packaging machines and equipment, unless otherwise stated in this provision.
Packaging machines and equipment are delivered to the address specified by the customer, in addition to the means of transport with which the items were delivered. If installation can take place on the ground floor and no third-party aids are required, installation will take place free of charge. However, installation must take place within 30 minutes after the goods have been unloaded next to the means of transport. If this time limit is exceeded, we are entitled to charge the customer for additional time, rounded to half an hour or part thereof, on the basis of the usual hourly rates. If we have to engage third-party resources to carry out installation or vertical transport, the associated costs will be borne by the customer.

Without prejudice to the provisions of Article 7.2, our prices apply:
  • excluding installation;
  • excluding instruction;
  • excluding lifting and hoisting equipment;
  • excluding renovation costs that have proven necessary.

If lifting and hoisting equipment is used or if we or on our behalf are otherwise provided or assisted in hoisting the machine, this is done entirely at the expense and risk of the customer.
The Customer must ensure that all necessary facilities, whatever or whatever their name, are available at the location where the machine or device in question is to be installed. Air and water supplies should be available, if necessary, within one meter of the machine or device in question. We provide machines and/or the relevant devices that require electrical power with a plug. For machines that require so-called power current, the customer must inform us in advance of the type of plug. The customer must take into account that the desired power of a machine may be so high that special electrical switching facilities are necessary. As far as possible, we will inform the customer about this before installation.
Installation of machines and/or equipment is completed after successful test run. If a test run is not possible due to any cause attributable to the customer, the installation is completed after the machine or device has been installed by us and is ready for production.
Problems with regard to the installation never release the customer from the obligation to fully meet its payment obligations to us.
The customer is obliged to sign a delivery declaration. If the customer refuses to do so, this refusal will be regarded as acceptance of the delivery.
Packaging machines and/or equipment can never be shielded in such a way that (all) moving parts cannot be reached from outside with the hands. This is inherent to packaging. We have observed the maximum possible safety requirements with regard to the safety of our products. The operator of the machine or device should never put their hands in the machine part when it is in operation. The machine and/or device is constructed in such a way that this is not necessary. If an item to be packaged gets stuck in the machine or device during the customer's production process or if the supply of packaging material and/or adhesive tape and/or staples and/or tape stagnates, the machine or device must be switched off immediately until the problem is resolved. We are not liable if the above safety requirements are not strictly followed. The Customer must inform its operating staff of these auction instructions.
Packaging machines and/or equipment supplied by us meet the required legal safety requirements and are provided with a CE marking. If the customer nevertheless requires additional safety features or other additional facilities, we will charge extra for the associated costs.
The provisions mentioned in this article apply to machines and/or equipment sold by us as well as to equipment rented or loaned by us.
The proper functioning of equipment sold, rented or loaned by us is only guaranteed if packaging and auxiliary materials are used that have been supplied by us or the specifications of which we have approved. The customer has the option to conclude a maintenance contract with us on sold packaging equipment. We will conclude a separate agreement with the customer for this purpose.
All warranty claims of the customer lapse if the customer does not use the material supplied by us on or for the machine.

ARTICLE 28: APPLICABLE LAW
Dutch law applies to the exclusion of any other legal system to all matters relating to these general terms and conditions, the agreement or the execution of the agreement.

ARTICLE 29: DISPUTES
Disputes arising from agreements concluded with us will be settled at our discretion by the Civil Court in our place of residence.

ARTICLE 30: TRANSLATIONS
Translations of these general terms and conditions may be circulated. However, the Dutch text is binding.

ARTICLE 31: CONDITIONS OF LOCATION
These general terms and conditions have been filed with the Amsterdam Chamber of Commerce.
The most recently filed version or the version that applied at the time of the offer or the transaction with us always applies.

May 2012