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TERMS OF SALE, as of 1 December 2005
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| 1. |
These terms and conditions are applicable to all sale contracts between Spotle.nl and Buyer, as well as all offers and quotations by Spotle.nl. Any changes to these terms and conditions only apply insofar as they have been laid down in writing.
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| 2. |
The delivery of goods will be done, within the E.E.C., free domicile in a way of shipment to be determined by Spotle.nl, exclusively upon settlement of the pro forma invoice sent. Additional costs of shipment, as paid by Spotle.nl, to a minimum of € 3.50, will be charged to all orders of a total value less than € 200.- .
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| 3. |
Shipment will be done at the risk of Spotle.nl.
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| 4. |
The agreed upon lead time is no term to be observed on penalty of forfeiture of rights, unless expressly agreed upon otherwise. In case of untimely delivery, Buyer will give notice of default to Spotle.nl.
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| 5. |
Delivery will be done at the price as contained in the price list applicable at the day of delivery and published at the website of Spotle.nl and as confirmed by Spotle.nl in the respective order.
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| 6. |
Subject to the warranty as described under Article 10 of these terms and conditions, Buyer is entitled to compensation, in case Spotle.nl damages the goods delivered and is legally responsible for it, which shall be no higher than the amount of the invoice of the delivery. Spotle.nl will not be liable for any consequential damage. |
| 7. |
All goods delivered by Spotle.nl will have a manufacturer’s warranty of no more than 6 months. This warranty covers manufacturing defects and only applies if the goods delivered are still in original condition, have not been repaired by any third party and have not been altered in any other way. In case Buyer invokes the manufacturer’s warranty, the goods will have to be delivered at Spotle.nl at the account and risk of Buyer.
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| 8. |
Claims will have to be submitted within 8 days after receipt.
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| 9. |
Spotle.nl will not be liable for non-fulfilment or untimely or improper fulfilment of its obligation to deliver if—insofar and as long as the delivery has been delayed, hindered or prevented in part or in whole, temporarily or permanently—by conditions beyond the control of Spotle.nl. As soon as these conditions has been terminated, Spotle.nl and Buyer will mutually agree upon resumption of the delivery.
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| 10. |
Spotle.nl is entitled to terminate the contract or postpone the delivery
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Spotle.nl, Alkmaar, 1 mei 2006
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