Article 1. General
- These conditions apply to any offer, quotation and agreement between KW-Sys under the names of KW-Sys and owner of the “SwedeSolutions.com” web domain and digital ordering system, hereinafter referred to as ‘Seller’ and an Other Party to whom the Seller has declared these conditions applicable, to the extent that these conditions have not been deviated from explicitly and in writing by the parties.
- By using the website and digital ordering system from Seller, the Other Party explicitly states to have read, understood and agreed with the Terms and Conditions as set out in this document.
- This document is a translation of the Terms and Conditions in Dutch. In case of any discrepancy between the two documents, the original Dutch version shall prevail.
- These conditions also apply to any agreements with the Seller, for the performance of which the Seller must involve third parties.
- These general terms and conditions have also been drawn up for the Seller’s employees and management board.
- The applicability of any purchase or other conditions of the Other Party is explicitly rejected.
- Should all or part of one or more of the stipulations of these general terms and conditions at any time be void or be declared null and void, the remaining stipulations of these general terms and conditions will remain intact. In that case, the Seller and the Other Party will consult in order to reach agreement on new provisions to replace the void or nullified provisions, taking into consideration as much as possible the objective and purport of the original provisions.
- If there is any lack of clarity as to the interpretation of one or more provisions of these general terms and conditions, it/they must be interpreted ‘in the spirit’ of these provisions.
- If a situation should occur between the parties that has not been provided for in these general terms and conditions, this situation must be assessed according to the spirit of these general terms and conditions.
- If the Seller does not always require strict compliance with these conditions, this does not mean that their provisions do not apply or that the Seller loses the right to require strict compliance with the provisions of these conditions in any other cases.
Article 2 Offers and quotations
- Any offers and quotations submitted by the Seller are without obligation, unless a time period for acceptance has been specified in the quotation. An offer or quotation expires if the product that the offer or quotation relates to is no longer available.
- The Seller cannot be bound by its offers or quotations if the Other Party can reasonably understand that the offers or quotations, or part thereof, contain an obvious mistake or error in writing.
- The prices included in an offer or quotation are inclusive of VAT and other government levies as well as any costs to be incurred within the scope of the agreement, including shipping costs and administrative expenses, unless stated otherwise.
- If acceptance derogates (whether or not on minor points) from the offer or quotation submitted, the Seller will not be bound by it. Such deviating acceptance will not result in an agreement between the parties being concluded, unless specified otherwise by the Seller.
- A combined quotation will not oblige the Seller to supply part of the order for a corresponding fraction of the specified price. Offers or quotations will not automatically apply to any future orders.
- All offers, photographs, product specifications and prices on one of the Seller’s websites are subject to printer’s and typesetting errors. We do not accept any liability for the consequences of printer’s and typesetting errors.
Article 3 Contract term; delivery periods, performance and modification of the agreement; price increase
- The agreement between the Seller and the Other Party will be entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties agree otherwise explicitly and in writing.
- If a period has been agreed on or stated for the completion of certain work or for the delivery of certain items, then this will never be a strict deadline. If a period is exceeded, the Other Party must give the Seller notice of default in writing. The Seller must be given a reasonable period for fulfillment of the agreement.
- The Seller will have the right to have certain work performed by third parties.
- The Seller is entitled to have the agreement performed in various phases and to invoice the part that has been completed separately.
- If the agreement will be performed in phases, the Seller may suspend performance of such parts as pertain to a following phase until the Other Party has approved the results of the preceding phase in writing.
- In the event that the Seller requires information from the Other Party for the performance of the agreement, the performance period will not commence until after the Other Party has made this information available to the Seller, fully and correctly.
- If it becomes apparent during the performance of the agreement that proper performance requires a change or addition to the agreement, the parties will amend the agreement in good time and in consultation. In the event that the nature, scope or content of the agreement is changed, whether or not at the request or on the instructions of the Other Party, the competent authorities, etc., and the quality and/or quantity of what has been agreed changes as a result, this may also have consequences for what was originally agreed. The original amount agreed on may thus be increased or decreased. The Seller must, to the extent possible, submit an estimate of this in advance. If the agreement is changed, the originally specified performance period may also be changed. The Other Party accepts the possibility that the agreement may be changed, including changes in price and performance period.
- If the agreement is changed, including any supplements, the Seller will be entitled to implement this after an authorised person of the Seller’s company has approved it and the Other Party has agreed to the price stated for the performance and other conditions, including the time, to be determined, when performance is to take place. Not implementing the changed agreement, or not immediately, does not constitute a breach of contract on the Seller’s part and is not a ground for termination of the agreement for the Other Party.
- Without being in default, the Seller may refuse a request to change the agreement if this could have consequences for the quality and/or quantity of what has been agreed, for example for the work to be carried out in that respect or items to be delivered.
- If the Other Party should fail to fulfill its obligations towards the Seller, the Other Party will be liable for all damage or loss (including costs) on the Seller’s part, caused directly or indirectly as a result.
- If, upon concluding the agreement, the Seller agrees on a certain price, the Seller will nevertheless be entitled to increase the price if either of the following circumstances occurs, even if the price was originally not stated subject to all rights.
- If the price increase is the result of a change to the agreement;
- If the price increase results from a power vested in the Seller or an obligation that rests with the Seller pursuant to the law;
- In other cases, on the understanding that the Other Party, who is not acting in the course of a profession or a business, is entitled to terminate the agreement by means of a written statement if the price increase amounts to more than 10% and takes place within three months of conclusion of the agreement, unless the Seller is still willing to perform the agreement based on what was agreed on originally or if it has been stipulated that delivery will take place more than three months after the purchase.
Article 4 Suspension, termination and early termination of the agreement
- The Seller will be entitled to suspend the fulfillment of its obligations or to terminate the agreement at once and with immediate effect, if:
- the Other Party does not fulfill its obligations pursuant to the agreement or does not fulfill them completely or on time;
- after concluding the agreement, circumstances of which the Seller has become aware give it good reason to fear that the Other Party will not fulfill its obligations;
- upon entering into the agreement the Other Party was requested to provide security for performance of its obligations under the agreement and such security is not provided or is insufficient;
- because of delay on the Other Party’s part, the Seller can no longer be required to fulfill the agreement on the originally agreed upon conditions;
- circumstances occur that are of such a nature that fulfillment of the agreement cannot possibly or unaltered maintenance of this agreement cannot reasonably be required of the Seller.
- If the Other Party can be blamed for the termination, the Seller will be entitled to compensation of the loss, including the costs caused directly or indirectly.
- If the agreement is terminated, any amounts owed by the Other Party to the Seller will become immediately due and payable. If the Seller suspends the performance of its obligations, it will retain its claims pursuant to the law and the agreement.
- If the Seller proceeds with suspension or termination on the grounds stated above in this article, for that reason it will not be obliged to compensate the loss and costs caused in any way whatsoever or to indemnify the Other Party, whereas the Other Party, due to breach of contract, will be obliged to pay compensation or indemnify the Seller.
- If the Seller terminates the agreement early, the Seller will, in consultation with the Other Party, transfer any work still to be performed to third parties. The above does not apply if the Other Party is to blame for the termination. Unless the Seller can be blamed for early termination, the costs for transfer will be charged to the Other Party. The Seller will inform the Other Party in advance as much as possible with respect to the scope of these costs. The Other Party will be obliged to pay these costs within the period stated for payment by the Seller, unless the Seller indicates otherwise.
- In case of winding-up, (application for) suspension of payments or (petition for) liquidation, attachment – if and to the extent that the attachment has not been lifted within three months – at the Other Party’s expense, debt rescheduling or another circumstance as a result of which the Other Party can no longer dispose freely of its assets, the Seller will be at liberty to terminate the agreement at once and with immediate effect or to cancel the order or the agreement, without any obligation on its part to pay compensation or indemnification. The Seller’s claims against the Other Party will in that case be immediately due and payable.
- If the Other Party fully or partially cancels an order that has been placed, any items ordered or prepared for it, plus any costs for supply, removal and delivery thereof and the working time reserved for performance of the agreement, will be charged in full to the Other Party.
- The Seller must deliver an order within 30 days. If the Seller has not complied with the above, the Other Party may cancel the purchase agreement free of charge.
Article 4A Cancellation
Naturally, it is possible that you reconsider your purchase after placing a product order. In that case, you may cancel your order (only via an e-mail to email@example.com), but only within 7 days of your order and provided that the item has not already been dispatched within that period. No charges will be made for this cancellation of course in such case, UNLESS Seller has paid transaction costs to third parties for the transaction performed by the Other party, which trough order cancellation cannot be cancelled. In such case those transaction costs will not be refunded to client.
If the order has already been dispatched, an approval period of 7 days following receipt of your order applies under the Dutch Distance Selling Act. In case you want to return your return has to be done within those 7 days, proved to the Seller by sending the Seller a valid Track and Trace number. The costs of returning your order will be at your own expense.
In some cases, return without costs is not possible. Such cases are (but not limited to) products which use software or firmware, loaded into a device by Seller specifically for your situation, or configurations done to either software, firmware or devices, specifically for your situation or requests. Also products who have been ordered by Seller specifically for the Other party, cannot be returned at all or without costs. Orders which contain manual created cables, devices or such, cannot be returned any time, unless Seller explicitly approved such return or cancelation. For all obviously; as long as Seller has not started those particular configurations, external orders or production; no additional cancelation fee will be due by the Other Party.
Specific items that absolutely will not be accepted for returns are : Carkits (Handsfreesets) where the original box has been opened, CFE, CFE Plus or CFE Plus Wifi devices which hold a software-and or firmware license which are activated and set available to the buyer directly after completing the purchase online.
Also excluded from “return for any reason” are products which hold a seal (or multiple seals) which need to be broken before use. Those products are assumed to have had contact with a Volvo and are therefore assumed to be modified by the Volvo to match VIN (chassis number) and possible other details which require functional operation. In short: seal broken, return for warranty possible but not for any other reason!
Due to the nature of the products Seller offers, there are natural updates and upgrades available at some point in time. Bugs will occur here and then. To fix bugs, Seller will create bug fixes, updates and upgrades. Such upgrade or update might be free, but is not guaranteed to be free of charge.
At any point, such update/upgrade might contain new features or functions. In case such function is not available for your specific situation or does not work according to release notes, the Other Party can enter a bug report. In no case a return requests for either warranty or cancellation claim will be honored because of bugs, not available updates or upgrades for client specific situation or so.
If you buy a product and/or an (additional) service like installation or configuration, as well as having extra parts and/or accessories fitted in line with your personal requirements, this approval period of 7 days does not apply. Purchase agreements cannot be cancelled if you have commissioned us, as an (additional) service, to prepare and adjust the product according to your specifications, as well as to fit extra parts and/or accessories in line with your personal requirements. (Distance Selling Act, Section 46 (4)(b) (1) to (3) of Book 7 of the Dutch Civil Code. ). Any product picked up at our store also voids a “return for any reason” since the sale finally takes place in our offices/workshop and is not a digital/online or internet sale anymore.
The digital order system from Seller is setup as a administrative and management system. You are because of that aware of pricing, available products and other information. Seller is trough this system capable of planning, management and administration. This system is therefor also used for installation planning. Even though this then means that the installation planning is a digital handling trough a online management system, installations (and products used for and during) installation by Seller are explicitly excluded from any cancellation option.
Even if Seller decides to accept a cancellation request after installation, de-installation costs and product devaluation costs will apply to the Other party. Installation costs will never be refunded to the Other party.
Any costs occurring with a product return, should be paid for by the Other Party. The Other party remains liable for the products until the Seller has signed off with the (by the Other Party chosen) transporter / shipper of the return.
Products taken from their original packaging or where a seal is broken or which are used, can never be returned based on a cancellation request. Products where (by nature of the product) software is supplied with on a medium which cannot be copy-protected cannot be returned either.
If you wish to cancel an order, the Other Party has to initiate a return from the online management system. (*log-in, find the order regards to the return wish and hit the button “return”).Additionally the Other Party has to send an email to firstname.lastname@example.org addressing the item with the same details including (!) the original order number. After all is entered correctly and we have received your email, we’ll handle your request with urge and decency. Unfortunately, we cannot cancel your order if any of the above is missing!
NEVER send any package to us without an RMA number!
If (after product returned) the Seller approves the RMA return/Refund, Seller will directly, at least as soon as possible with a maximum term of 30 days, return the return value of the product to the Other Party.
Article 5 Force majeure
- The Seller will not be obliged to fulfill any obligation towards the Other Party if the Seller is prevented from doing so due to a circumstance not attributable to any wrongful act on its part or chargeable to it in accordance with the law, any juristic act or generally accepted practice.
- In these general terms and conditions, ‘force majeure’ will, in addition to what is understood in this respect in the law and in case law, be understood to mean all foreseen and unforeseen external factors upon which the Seller cannot exert any influence and which mean the Seller is not able to fulfill its obligations. The Seller also has the right to invoke force majeure if the circumstance that prevents (further) performance of the agreement occurs after the Seller should have fulfilled its obligation.
- During the period of force majeure the Seller may suspend its obligations under the agreement. If said period lasts longer than two months, both parties will be entitled to terminate the agreement without any obligation to compensate damage suffered by the other party.
- Insofar as the Seller has already fulfilled or will still be able to fulfill part of its obligations pursuant to the agreement at the moment when force majeure occurs and if any obligations already fulfilled or obligations that it can still fulfill have an independent value, the Seller will be entitled to charge the Other Party separately for the obligations already fulfilled or that can still be fulfilled. The Other Party will be obliged to pay this invoice as if there were a separate agreement.
Article 6 Payment and collection costs
- Payment has to be done in advance in a by Seller offered way. (Choice for the Other Party at checkout) unless agreed upon otherwise in advance. If the Other Party fails to pay an invoice in due time, the Other Party will be in default by operation of law. The Other Party will then owe interest. In case of a customer purchase, the interest will be equivalent to the statutory interest. In other cases, the Other Party will owe interest of 1% a month, unless the statutory interest is higher, in which case the statutory interest will be due. Interest on the due and payable amount will be calculated from the moment that the Other Party is in default until the amount due is paid in full.
- The NETTO payment terns for invoice based transactions is 14 days (10 working days) unless explicitly agreed upon differently by Seller and the Other party in advance.
- The Seller will be entitled to use payments made by the Other Party in the first instance to reduce the costs, then to reduce interest that has fallen due, and finally to reduce the principal sum and current interest.
- Without being in default, the Seller may refuse an offer of payment if the Other Party indicates another order for allocation of the payment. The Seller may refuse repayment in full of the principal sum if the interest that has fallen due, current interest and collection costs are not paid as well.
- Any objections to the amount of an invoice will not suspend the payment obligation.
- If the Other Party defaults in the (timely) fulfillment of its obligations, it will be charged all reasonable extrajudicial collection costs. The extrajudicial costs will be charged based on common practice in the Dutch debt collection sector at that time, which is currently the calculation method according to the Voorwerk II report. However, if the Seller incurred higher costs for collection that can be considered reasonable, the actual costs incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Other Party. The Other Party will also owe interest on the collection costs due.
- Seller will offer discounts to certain resellers. These discounts are either separately noticed on the invoice or can be clearly seen online when comparing prices to private people pricing. In case a payment is late, any given discount will be invalidated immediately. The main invoice sum is always the total invoice sum, excluding any discounts given.
Article 7 Retention of title
- All items delivered by the Seller within the scope of the agreement will remain the Seller’s property until the Other Party has properly fulfilled all its obligations arising from the agreement(s) concluded with the Seller.
- The items delivered by the Seller, which pursuant to paragraph 1 are subject to retention of title, may not be resold and may never be used as payment instrument. The Other Party will not be authorized to pledge the goods that are subject to the retention of title, or to encumber them in any other way whatsoever.
- The Other Party must at all times do all that which may reasonably be expected of it in order to safeguard the Seller’s property rights.
- In the event of third-party attachment of the items delivered subject to retention of title, or if any third parties wish to establish or exercise any rights in respect of such items, the Other Party will be obliged to notify the Seller of this immediately.
- The Other Party undertakes to insure and keep insured the items delivered subject to retention of title against fire, explosion damage, water damage and theft and to allow inspection of the insurance policy on demand by the Seller. In case of insurance payment, the Seller will be entitled to such money. To the extent necessary, the Other Party undertakes towards the Seller to cooperate in anything that should (turn out to) be necessary or desirable within that scope.
- In the event that the Seller wishes to exercise its property rights referred to in this article, the Other Party gives unconditional and irrevocable permission in advance to the Seller and any third parties to be appointed by the Seller to enter all those places where the Seller’s properties are located and to take back such items.
Article 8 Guarantees, inspection and complaints
- The goods to be delivered by the Seller comply with the usual requirements and standards that may reasonably be imposed on them at the time of delivery and for which they are intended if used normally in the Netherlands. The guarantee referred to in this article applies to items that are destined to be used in the Netherlands. In case of use outside the Netherlands, the Other Party must verify whether the use thereof is suitable for use there and whether it satisfies the conditions set for it. In that case, the Seller may set other guarantee and other conditions in respect of the items to be delivered or the work to be carried out.
- The guarantee referred to in paragraph 1 of this article applies to the product for a period of 1 year, and a period of 1 year for the parts, unless the nature of the delivered items dictates otherwise or if the parties have agreed otherwise. If the guarantee provided by the Seller concerns an item manufactured by a third party, the guarantee will be limited to the guarantee provided by the manufacturer of the item, unless stated otherwise, with at least the 1 year of warranty handled by the Seller. After the guarantee period has expired, all costs for repair or replacement, including administrative, shipment and call-out charges, will be charged to the Other Party.
- Any form of guarantee will cease to exist if a defect has been caused as a result of or arising from inexpert or improper use, improper installation or connections setup of an item or, improper storage or maintenance by the Other Party and/or third parties if, without the Seller’s written consent, the Other Party or third parties have made changes or tried to make changes to the item, affixed other items to it that should not be affixed or if the item has been processed or treated in a manner other than prescribed. The Other Party cannot make a claim under the guarantee either if the defect has been caused by or is the result of circumstances that the Seller has no control over, such as weather conditions (including but not limited to moist or temperatures), etc.
- Due to the nature of the products Seller generally sells, It has to mentioned that any form of Warranty will be voided in case an update or upgrade has been performed without previous writing approval of Seller. Such written approval can be; a private email instructing the Other party to do so, an offering of such update / or upgrade on the Sellers website, an offering of such update / or upgrade in an application supplied by Seller. Explicitly excluded from any form of warranty are devices or products updated or upgraded based on instructions of third parties, even if such third party is the manufacturer of such product! Seller will be happy to try out such update or upgrade for you in advance of offering such update or upgrade to the Other Party.
- The Other Party will be obliged to inspect the delivered items or to have the items inspected within 24 hours after delivery when the goods are made available to it or when the work in question has been carried out respectively. At such time, the Other Party must inspect whether the quality and/or quantity of the delivered items is in accordance with what was agreed and satisfies the requirements of the parties in that respect. Any defects should be reported to the Seller within those 24 hours after delivery. In order to enable the Seller to respond adequately, the report must contain a description of the defect that is as detailed as possible. The Other Party must give the Seller the opportunity to investigate a complaint or have it investigated.
- If the Other Party submits a complaint in due time, this will not suspend its payment obligation. In that case, the Other Party also remains obliged to take delivery of and pay for the other items ordered, unless these do not have an independent value.
- In the event that a defect is reported later, the Other Party will no longer be entitled to repair, replacement or compensation, unless a longer period ensues from the nature of the items or the other circumstances of the case.
- If it has been established that the item is defective and that a complaint has been submitted in due time in that respect, the Seller will replace the defective item within a reasonable period of return or, if returning is not reasonably possible, of written notification in respect of the defect by the Other Party, at the Seller’s discretion, or take care of repair thereof or pay the Other Party alternative compensation. In the event of replacement, the Other Party will be obliged to return the replaced item to the Seller and transfer ownership thereof to the Seller, unless the Seller indicates otherwise.
- If it is established that a complaint is unfounded, the costs incurred by the Seller as a result thereof, including investigation costs, will be payable in full by the Other Party.
- The Other Party is responsible for careful packaging any possible return, making sure it is returned with shipping insurance and a track-and-trace number, which has to be sent by email to the Seller for administration purposes.
- Due to the nature of the products Seller generally sells, it is of extreme importance that the Other Party performs installations only in case the Other Party is technically capable of doing so. Broken products due to Improper installations will generally fail for warranty request. If the Other Party feels he/she is not technically capable enough to install a product of Seller, Seller expresses that installation should be handed over to a professional!
Article 9 Liability
- If the Seller should be found liable, its liability will be limited to the provisions of this article.
- The Seller will not be liable for damage or loss of whatever nature, suffered because the Seller based itself on incorrect and/or incomplete information provided by or on behalf of the Other Party.
- The Seller will exclusively be liable for direct damage or loss.
- ’Direct damage or loss’ is exclusively understood to mean:
- the reasonable costs, incurred in order to determine the cause and the extent of the damage or loss, in so far as the determination relates to direct damage or loss within the meaning of these terms and conditions;
- any reasonable costs incurred in order to have the defective performance by the Seller conform to the agreement, to the extent that these can be attributed to the Seller;
- reasonable costs, incurred in order to prevent or limit the damage or loss, in so far as the Other Party proves that these costs have led to a reduction of direct damage or loss within the meaning of these general terms and conditions.
- The Seller will never be liable for indirect damage or loss, including consequential loss, loss of profits and savings or loss caused by business interruption or other delays. In the event of a customer purchase, this limitation will not go beyond the limitation permitted pursuant to Section 24 (2) of Book 7 of the Dutch Civil Code.
- In the event that the Seller is liable for any damage or loss whatsoever, this liability on the part of the Seller will be limited to the invoice amount of the order at most, at any rate to that part of the order to which the liability relates.
- The liability of the Seller will in any case at all times be limited to the amount payable by the insurer in such a case.
- The limitations related to liability included in this article will not apply if damage or loss can be attributed to deliberate on the part of the Seller or its executive employees.
- Explicitly excluded from any liability towards the Seller are damages, direct or indirect, to any person, object or other of third parties.
- Explicitly excluded from any liability towards the Seller are damages, direct or indirect occurred during installation, repair or other services performed by Seller.
- Explicitly excluded from any liability towards the Seller are any damages occurred due to a or by a product supplied by Seller to the Other Party.
- If the Other Party chooses to have installation services performed by the Seller, the Other Party hereby acknowledges that due to the nature of the products used in his car, there might be slight damages. Those damages will generally occur on “clips” which break off due to aging. Although Seller will take appropriate measures before installation performances are executed and generally will offer (free) replacement of such damages, the Seller can never be hold liable for such damages.
- The Other party realizes and understands that the general nature of most of the Sellers products require software- and firmware to perform their tasks. It is normal and acceptable that “bugs” and “inconsistency’s” occur here and there in such firmware and software. Seller cannot be held liable for any damages occurred (direct or indirect) due to bugs in software or firmware, neither due to hardware errors which might occur.
Article 10 Time limit
- Notwithstanding the statutory time limits, the time limit for all the claims and defenses put forward against the Seller and the third parties involved by the Seller in the performance of the agreement is one year.
- The provisions of paragraph 1 do not apply to legal claims and defenses based on facts which would justify the allegation that the delivered item fails to comply with the agreement. Such claims and defenses will become time-barred by the lapse of two years after the Other Party has informed the Seller of such non-conformity.
Article 11 Risk transfer
- The risk of loss, damage or decrease in value will transfer to the Other Party at such time as the items are brought under the control of the Other Party.
Article 12 Indemnification
- The Other Party indemnifies the Seller against any claims from third parties who suffer damage or loss in connection with the performance of the agreement and for which others than the Seller can be blamed.
- If the Seller should be held liable by third parties for that reason, the Other Party will be obliged to assist the Seller at law and otherwise and immediately do all that may be expected of it in such case. Should the Other Party fail to take adequate measures, the Seller will be entitled, without notice of default, to take action itself. All costs and damage or loss caused on the part of the Seller and third parties as a result will be fully at the Other Party’s expense and risk.
Article 13 Intellectual property
- The Seller reserves the rights and powers vested in it pursuant to the Dutch Copyright Act and other laws and regulations on intellectual property. The Seller has the right to use the increased knowledge as a result of the performance of the agreement for other purposes, to the extent that this will not cause any strictly confidential information of the Other Party to be disclosed to third parties.
Article 14 Ownership of texts, visuals (images and photo’s) and other materials
- All materials (amongst others and not limited to text, images, photo’s movies) are sole property of Seller, or Seller has a license to use, or other approvals to use such materials in Sellers website, manuals, document and marketing communications.
- Therefore it is not allowed to multiply, copy, reproduce, put on internet, share, email or duplicate in any other way any of the materials supplied by Seller to the Other Party. For example; an installation manual shared by Seller with the Other Party, is meant and shared only for private purposes and in relation with a bought product only. Any sharing of such document, in print, email, internet or any other form of reproduction is not allowed!)
- In case the Other Party is found to be sharing materials against the rules of this particular article, is meant and shared only for private purposes and in relation with a bought product only. Any sharing of such document, in print, email, internet or any other form of reproduction is not allowed!)
- In case the Other Party is found to be sharing materials against the rules of this particular article 14, any costs occurred at Reseller for setting up new materials replacing the shared/distributed materials will be charged to the Other Party.
Article 15 Applicable law and disputes
- Dutch law will apply exclusively to all legal relationships to which the Seller is a party, even if an undertaking is fully or partially carried out abroad or if the party involved in the legal relationship has its place of residence there. The applicability of the Vienna Sales Convention is excluded.
- The parties will not apply to a court until they have done their utmost to settle a dispute by consultation.