General conditions of sale2018-02-25T12:55:47+00:00

Conditions of sale and delivery of Media Point BV, established in Heerhugowaard, on Newtonstraat 46, filed with the Chamber of Commerce in Alkmaar under number 01080399.

Article 1: Applicability of these conditions
a. These terms and conditions apply to the creation, content and performance of all agreements concluded between Media Point BV and the client.
b. General (purchase) terms and conditions of the client are only applicable if it has been explicitly agreed in writing that these apply to the agreement between the parties to the exclusion of these general terms and conditions.

Article 2: Quotations
The offers made by Media Point BV are valid for 30 days, unless otherwise indicated.

Article 3: Delivery
1. Unless otherwise agreed, delivery free of charge shall be made to one address in accordance with the cheapest shipping method. This is understood to mean, among other things, delivery on the ground floor at a maximum distance of 50 metres from the place where the means of transport can be parked, by performing one work force using a hand pallet truck. All additional costs shall be borne by the client.
2. The client is obliged to take delivery of the purchased goods at the moment they are delivered or at the moment they are made available in accordance with the agreement. If the client refuses to take delivery of the goods or fails to provide information or instructions necessary for delivery, the goods shall be stored at the client’s risk. In that case, the client shall owe Media Point BV all additional costs, including in any case storage costs.
3. The business trips are at the client’s risk.

Article 4: Delivery time
An agreed delivery time is not a strict deadline, unless expressly agreed otherwise. In the event of late delivery, the client must therefore give notice of default to Media Point BV in writing.

Article 5: Partial deliveries
Media Point BV is allowed to deliver sold goods in parts. This does not apply if a partial delivery has no independent value.
If the goods are delivered in parts, Media Point BV is authorised to invoice each part separately.

Article 6: Termination of the Agreement
1. The claims of Media Point BV against the client are immediately due and payable in the following cases: – if Media Point BV becomes aware of circumstances after the agreement has been entered into that give Media Point BV good reason to fear that the client will not fulfil its obligations – if Media Point BV has asked the client at the conclusion of the agreement to provide security for the performance and this security is lacking or insufficient. In the aforementioned cases, Media Point BV is authorised to suspend the further execution of the agreement or to proceed to dissolve the agreement, all this without prejudice to the right of Media Point BV to claim damages.
2. If circumstances arise with regard to persons and/or materials which Media Point BV uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible or so inconvenient and/or disproportionately expensive that compliance with the agreement can no longer reasonably be expected, Media Point BV is authorised to dissolve the agreement.

Article 7: Reservation of title
1. The goods delivered by Media Point BV remain the property of Media Point BV until the client has fulfilled all the following obligations from all purchase agreements concluded with Media Point BV: – the consideration (s) with regard to good (s) delivered or goods to be delivered; – any claims for non-performance by the client of a purchase agreement (s).
2. Goods delivered by Media Point BV, which are subject to the retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations. Furthermore, the client is not authorised to pledge the goods or to establish any other right on them.
3. If the client fails to fulfil its obligations or if there is a well-founded fear that it will not do so, Media Point BV shall be entitled to remove goods delivered which are subject to the retention of title referred to in paragraph 1 from the client or from third parties who hold the goods for the client or have them removed. The client is obliged to provide all assistance in this respect on penalty of a penalty of 10% of the amount due per day.
4. If third parties wish to establish or enforce any right to the goods delivered subject to retention of title, the client shall be obliged to inform Media Point BV as soon as may reasonably be expected.
5. Pouring the client

Article 8: Defects; time limits for lodging complaints
1. The client must inspect the purchased goods upon delivery – or as soon as possible thereafter as possible, or have them examined, or have them examined, -In doing so, the client must check whether the goods delivered comply with the agreement, namely:
Whether the correct goods have been delivered; – whether the goods delivered correspond to the agreed quantity (e. g. number and quantity);
whether the delivered goods meet the agreed or reasonably foreseeable quality requirements.
2. If visible defects or shortages are found, the client must notify Media Point BV in writing within eight days of delivery.
3. The client must notify Media Point BV in writing of non-visible defects within 8 days after discovery, but no later than three months after delivery. if the said period is exceeded, the right to submit complaints lapses.
4. The above warranty shall lapse if the defect or damage to the goods delivered by Media Point BV is caused or caused by manifestly incorrect use, improper handling, neglect, improper repairs or repairs and/or modifications to the goods by others than Media Point BV or by Media Point BV.
5. Even if the other party complains in good time, his obligation to pay and take delivery of orders made remains. Goods can only be returned to Media Point BV after prior written consent.
6. Only in the event of timely and justified complaints, Media Point BV shall be obliged, after full payment by the client of all invoices, interest and costs charged or to be charged by Media Point BV, to replace the defective goods delivered by Media Point BV.
7. Slight deviation in paper or printing is no reason for rejection by the client. In the case of items printed by or on behalf of Media Point BV, an overrun or underrun of 10% is permitted.

Article 9: Payment
1. Payment must be made within 30 days of the invoice date. After the expiration of 30 days after the invoice date, the client is in default; the client shall owe interest of 1.25% per month or part of a month on the amount due and payable as from the moment of default.
2. In the event of the client’s liquidation, bankruptcy or suspension of payments, the client’s obligations will be immediately due and payable.
3. Payment must be made without discount or settlement.
4. Payments made by the client shall always be used to settle all outstanding interest and costs in the first place, and in the second place to settle payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. For an invoice value below 400, – Media Point BV is obliged to charge 40, – for freight and administration costs.

Article 10: Collection costs
1. If the client is in default or in default with respect to the fulfilment of one or more of his obligations, all reasonable costs incurred in obtaining extrajudicial payment shall be borne by the client. In any event, the client shall owe the judicial and extrajudicial costs. If Media Point BV demonstrates that it has incurred higher costs, which were reasonably necessary, these costs will also be eligible for reimbursement.
2. The client shall owe Media Point BV the judicial costs incurred by Media Point BV in all instances, if Media Point BV and the client conduct legal proceedings in respect of an agreement to which these general terms and conditions apply and if a court ruling in the force of res judicata has the force of res judicata whereby the client is wholly or predominantly ruled against.

Article 11: Liability
Media Point BV shall only be liable to the client in the following manner:
1. For damage as a result of defects in delivered goods only the liability as stipulated in article 8 of these conditions applies.
2. Media Point BV shall not be liable for damage of any nature whatsoever that has arisen as a result of or after the client has put the goods manufactured into use, processed or processed them after delivery, delivered them to third parties or commissioned them to be taken into use, processed or delivered to third parties.
3. Furthermore, Media Point BV is not liable for damage in the form of loss of turnover or reduced goodwill in the company or profession of the client.

4. If Media Point BV is held liable by a third party for any damage for which it is not liable by virtue of an agreement with the client, the client shall fully indemnify itself in this respect and compensate Media Point BV for all that it must pay to this third party.
5. Furthermore, the liability of Media Point BV is limited to the amount of the payment made by the insurance company, insofar as this liability is covered by its insurance; 6. If in any case the insurance does not provide cover or does not pay out, the liability of Media Point BV is limited to an amount, up to the invoice value.

Article 12: Force majeure
1. Force majeure is understood to mean circumstances that prevent the fulfilment of the obligation and which cannot be attributed to Media Point BV. This shall also include (if and insofar as these circumstances make compliance impossible or unreasonably difficult) strikes in companies other than those of Media Point BV; wild strikes or political strikes in the company of Media Point BV, a general lack of raw materials and other goods or services necessary for the realisation of the agreed performance; unforeseeable stagnation at suppliers or other third parties on which Media Point BV depends and general transport problems.
2. Media Point BV also has the right to invoke force majeure if the circumstance preventing (further) compliance occurs after Media Point BV should have fulfilled its obligation.
3. If Media Point BV has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfil its obligations, it is entitled to invoice the already delivered or deliverable part separately and the other party is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

Article 13: Dispute settlement
Contrary to the statutory rules governing the jurisdiction of the civil court, any dispute between the client and the seller shall be settled by the Alkmaar District Court in the event that the court has jurisdiction. However, Media Point BV remains authorised to summon the client to appear before the competent court in accordance with the law or the applicable international treaty.

Article 14: Applicable law
Every agreement between Media Point BV and the client is governed by Dutch law.

Article 15: Amendment authority
Media Point BV is authorised to waive the applicability of one or more provisions of these terms and conditions of sale and delivery.