GENERAL CONDITIONS OF SALES OF ACOUSTICS & NOISEREDUCTION
\nCelsiusstraat 26 – 1704 RW Heerhugowaard – The Netherlands<\/p>\n
This electronic version of the general conditions of sales is a copy of the printed version.<\/p>\n
The printed version prevails over this electronic copy<\/p>\n
The following conditions apply to all our offers, agreements, deliveries and services.<\/p>\n
1. All offers are made without commitment. Verbal and telephonic agreements, as well as verbal or written discussions concerning change of or
\namendment to these conditions, are not binding unless explicitly confirmed by us in writing. Purchase conditions of our customers are not binding for us
\nin so far as they are contradictory to these conditions.<\/p>\n
2. Indication of dimensions, weights, colours, specifications, data and descriptions of function, drawings and photographs of products quoted and\/or sold by
\nus, are only approximate. We reserve the right to change parts of such products, provided the functional qualities of the products quoted will not be affected.<\/p>\n
3.Incoterms, edition 1983 published by I.C.C. Services S.A.R.L., Paris are applicable to these conditions of sales, provided that in the event of a discrepancy
\nbetween these conditions of sales and Incoterms the conditions of sales shall prevail. Our prices are based on the cost of material, production and other
\ncosts prevailing at the date of our offer, confirmation or agreement. Until any delivery has taken place, we reserve the right to adjust our prices to cost
\nincreases and (and if our prices are not quoted in euro\u2019s) to currency changes. If, as a result of cost increases of currency changes, we raise our prices, the
\ncustomer may cancel that part of the agreement the execution of which we have not yet started with, within fourteen days from notification of such priceincrease.<\/p>\n
4.The delivery times and dates are given as accurately as possible, but are not guaranteed by us. Partial shipments are permitted. Irrespective of the
\ntransport conditions indicated in clause 3, all risks shall be for the customer from the moment the products have been loaded for shipment at our factories or
\nwarehouses. This moment shall be deemed to be the delivery of the products. Any storage and cost of storage resulting from failure of the customer to take
\ndelivery shall be for risk and account of the customer.<\/p>\n
5. All payments must be made by means of a confirmed, irrevocable Letter of Credit in our favour with the ING bank in Heerhugowaard. If other terms of
\npayment are agreed upon, or if in connection therewith cheques or other forms of payment are accepted by us, we may revoke these and demand
\nimmediate payment in cash if we consider this advisable on account of changed circumstances. Payments are due without any deduction. In no event the
\ncustomer is entitled to any compensation rights towards us, or to suspension of any of his obligations, except for clause 7 hereof. If any customer\u2019s payment
\nbecomes overdue, he shall pay 4% in excess of the then prevailing legal annual interest rate on any overdue payment as well as on any loss resulting from
\ncurrency fluctuations, without any further notice and without prejudice to our right to demand for immediate payment of the purchase price.<\/p>\n
6. All products supplied by us shall remain our sole property until the customer has fully paid all our claims, irrespective of their origin. Claims of other
\nmember companies of the ANR-group of companies against the same customer are, for the application of this clause, also considered to be our claims.
\nRetention of title also applies to new products manufactured from our products, such manufacture is then undertaken by the customer on our behalf but
\nalways at his own risk and for his own account. If our products are mixed with products of third parties, the above also applies, without prejudice to the right
\nof those third parties to part of the co ownership. In so far as the applicable law does not allow for the retention of title to processed and\/or mixed products,
\nas described above, the customer shall have transferred title to these products to us by the mere fact of such processing and\/or mixing. The customer shall
\ninsure and keep insured the products for his own account. The customer is entitled to process and sell our products within the scope of the regular conduct
\nof his business. The customer is obliged to follow instructions we may wish to give in connection with the storage of our products. The customer assigns to
\nus as security all claims which he may obtain against third parties arising from the alienation of products to which we have retained title, respectively
\nundertakes to assign such claims to us as security, if need be, the customer undertakes to effect such assignment at our first request, among other things by
\ninforming the third indebted party in the legally prescribed form and by registering the assignment in his books. The customer must inform us without delay of
\nall circumstances which are relevant in order to maintain our rights with respect to products to which we have retained title, and\/or with respect to claims
\nassigned or to be assigned to us. The customer must inform us without delay of all circumstances which may affect our rights in terms of this clause. In case
\nand in so far as our securities under this clause or otherwise exceed our claims against the customer by more than 20%, we will, at the customer\u2019s request,
\nrelease the excess security to be chosen by us.<\/p>\n
7. In so far as force majeur or other circumstances beyond our control prevent, hinder or delay, in whole or in part the execution of orders or agreements
\naccepted by us, we shall have the right without prejudice to the rights accruing to it to cancel or limit such orders, or agreements, or to suspend our
\nobligations resulting there from, as long as these circumstances continue to exist, with a reasonable trial period thereafter. Any cost resulting from these
\ncircumstances will be incurred by each party for their respective share in such cost. Circumstances beyond our control are, among others: fire, water
\ndamage, extraordinary weather conditions, calamities, war and threat of war, riot, occupation, mobilization and other war measures, acts of governmental
\ninstitutions, strikes, lock-outs, go-slow strikes and other workers or unions campaigns, faults of machinery and installations and breaks, impediment to or
\nrationing in the supply of raw and auxiliary material, energy, service, transport or im- and export. If contrary to the provisions in clause 3, we have agreed
\nupon a fixed price, we shall nevertheless be entitled to adjust prices to cost increases resulting from or after such circumstances, until the products have
\nbeen delivered. Clause 3 is applicable accordingly to such price adjustment.<\/p>\n
8. Immediately upon receipt the customer shall inspect the products as to their quantity and quality, and any defect and\/or shortcoming must be reported to
\nus in writing within seven days after receipt. Claims relating to any defect and\/or shortcoming which is only revealed upon processing of the products
\nsupplied by us, must be reported to us in writing immediately upon discovery of the defect, but not later than ninety days upon receipt. Our obligations under
\nthis clause are limited to supplement, repair, redelivery without charges or refund of the net purchase prices of the defective products in so far as they have
\nalready been paid to us, or crediting such purchase price in so far as payment has not yet been made. The customer must hold the products in question
\navailable for inspection by us. Submission of a claim does not entitle the customer to partial or total suspension or non-observance of his obligations; cost
\nand damage caused by unfounded submission of a claim are for account of the customer. We do not accept liability for products and services supplied by us
\nother and further than as provided under this clause.<\/p>\n
9.In so far as we fail to fulfil any agreement, either in whole or in part or in good time, while no force majeur or circumstances beyond our control prevent
\nsuch fulfilment, the customer is entitled to cancel the non-fulfilled, partly or untimely fulfilled portion of such agreement, should we fail to execute these
\nagreements within a reasonable period of time to be fixed by the customer at not less than thirty days. Under no circumstances will we be liable in any other
\nor further way than provided for in these conditions for damage, caused by non-fulfilment or partly or untimely fulfilment of an agreement.<\/p>\n
10. If the customer fails to meet, in time and\/or in full\/partially any obligation to us or another member company of the ANR-group of companies all claims in
\nconnection with agreement and\/or any other agreement with us or with other member companies of the ANR-group of companies will become due
\nimmediately and we shall, furthermore, be entitled to cancel agreements with the customer in so far as these have not yet been executed, without further
\nnotice or judicial intervention and without prejudice to any other rights which we may exercise against the customer in default.<\/p>\n
11. Drawings, designs, specifications etc. relating to the products supplied or to be supplied by us, shall remain our property and may not be copied or
\notherwise multiplied or given to third parties for whatever reason, without our prior written consent. Drawings, designs, specifications, moulds etc., which
\nhave been put at our disposal by the customers need not be kept or returned by us, unless explicitly agreed otherwise. If we manufacture products according
\nto the customer\u2019s specification or with means provided by the customer, the customer will safeguard us against all claims by third parties which may be
\nenforced against us with respect to infringement on industrial property rights.<\/p>\n
12. If at any time a condition hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any applicable jurisdiction, neither
\nthe legality, validity or enforceability of such conditions under law of any jurisdiction shall in any way be affected or impaired thereby. Such conditions are
\nreplaced by conditions legally valid and enforceable, which is in accordance with the purpose intended. Invalidity or unenforceability of any part of these
\nconditions does not invalidate the remaining conditions.
\n13. The agreement will be governed exclusively by Dutch law, save for the provisions under clause 6 (and clause 12 in so far as this relates to clause 6)
\nwhich are governed by the law of the country where the products are or by the law which controls the claims assigned as security, respectively. The treaties
\non the uniform law concerning the international purchase of movable goods and the uniform law concerning the conclusion of international agreements for
\nthe purchase of movable goods, do not apply. Without prejudice to the provisions of applicable law and our right to summon the customer before any
\ncompetent court, the Alkmaar district court will be exclusively competent.<\/p>\n
Heerhugowaard, 4th January 2009<\/p>\n","protected":false},"excerpt":{"rendered":"
GENERAL CONDITIONS OF SALES OF ACOUSTICS & NOISEREDUCTION Celsiusstraat 26 – 1704 RW Heerhugowaard – The Netherlands This electronic version of the general conditions of sales is a copy of the printed version. The printed version prevails over this electronic copy The following conditions apply to all our offers, agreements, deliveries and services. 1. All… <\/span>Continue reading<\/a><\/span><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_relevanssi_hide_post":"","_relevanssi_hide_content":"","_relevanssi_pin_for_all":"","_relevanssi_pin_keywords":"","_relevanssi_unpin_keywords":"","_relevanssi_related_keywords":"","_relevanssi_related_include_ids":"","_relevanssi_related_exclude_ids":"","_relevanssi_related_no_append":"","_relevanssi_related_not_related":"","_relevanssi_related_posts":"","_relevanssi_noindex_reason":"","footnotes":""},"acf":[],"_links":{"self":[{"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/pages\/778"}],"collection":[{"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/comments?post=778"}],"version-history":[{"count":4,"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/pages\/778\/revisions"}],"predecessor-version":[{"id":1080,"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/pages\/778\/revisions\/1080"}],"wp:attachment":[{"href":"https:\/\/www.anr.nl\/en\/wp-json\/wp\/v2\/media?parent=778"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}