` GENERAL CONDITIONS

GENERAL CONDITIONS

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Written by Administrator
Thursday, 19 March 2009 10:20

These General conditions serve merely as a guideline to the conditions applicable to purchasing from Astro Products for non-Dutch customers. No rights can be derived from this document. The only document that is binding for customer and Astro Products, is the Dutch version of this document.

 Special stipulations
Measures, specifications, prices and images on this website apply except in case of unintentional mistakes and/or placement errors.

  1. Nothing on this website may be multiplied and/or published by copying, downloading or otherwise, without written permission by Astro Products.

 

Article 1 - Definitions
Throughout the General Conditions, these terms will be used in the following sense, unless explicitly noted otherwise.

Astro Products: the company with trade name Astro Products, established in Vlaardingen, Oosterstraat 73, 3134NN, registered in the Trade Register of the Dutch Chamber of Commerce in Rotterdam under registration number 24452111;

Astro-products.nl: Astro Products' website, found at web address http://www.astro-products.nl/ including all linked to pages, except those of third parties. Also referred to as the website;

Product: item or items which by agreement between Astro Products and its customer is/are to be delivered to the customer within the time agreed and for which a price agreed is to be paid;

Customer: any person who makes or will make an agreement or whom Astro Products provides with a tender;

Agreement: the agreement between Astro Products and its customer;

Conditions: the general conditions. 

Article 2 - General conditions
These conditions apply to any and all offers, tenders and agreements between Astro Products and customer to which Astro Products has declared these agreements to apply. Deviations from these conditions are only valid when so declared explicitly and in written form by both parties.

  1. These conditions apply to agreements with Astro Products when third parties are involved in the fulfilment of the agreement.
  2. Deviating conditions and agreements are not valid unless they are agreed upon explicitly and in written form by Astro Products.
  3. Astro Products cannot be held accountable, neither by law, nor by agreement, for any damages suffered by customer or a third party from (using) Astro Products' products, up to and including loss of profit, damage to a company, data loss and immaterial damage.

 Article 3 - Tenders, offers and orders
All tenders made by Astro Products are valid for a term of at most thirty (30) days.

  1. Both Astro Products and its customer are bound by a tender when acceptance with the tender is confirmed in writing by the customer within the thirty (30) day term.
  2. All offers shown on the website are current for the period they are shown on the web site and during the term in which tenders which were made during the period in which the offer was shown on the website remain valid.
  3. Deviations from offers and orders are only binding for Astro Products when deviations have been confirmed in writing by Astro Products.
  4. An order binds the customer.
  5. Astro Products cannot be held to any tenders, offers and/or orders if the customer can be expected to have understood said tender, offer and/or order to contain an obvious mistake, considering all fairness, reasonability and common notions.
  6. Unless otherwise noted in tender or order, additional mounting and/or placement activities are not included in the tender or order.
  7. Prices stated in tenders, offers and orders include VAT unless stated otherwise.
  8. Astro Products is not bound to a compliance with additional conditions by the customer that deviate from the offer mentioned in tender or order. Unless explicitly stated otherwise by Astro Products, the agreement is considered void.
  9. A tender or order consisting of several products or services does not compel Astro Products to supply a part of the products or services stated in the tender, offer or order upon payment of a corresponding sum.
  10. Tenders, offers or orders do not automatically apply when reordering.

 Article 4 - Agreement and altering thereof
1. These general conditions apply to all agreements as well as to all products delivered by Astro Products, unless explicitly agreed otherwise, in writing.

  • 2. Applicability of any specific conditions or stipulations by the customer is explicitly rejected by Astro Products, unless explicitly agreed otherwise, in writing.
  • 3. If, while fulfilling the agreement it would prove necessary to alter or add to the activities that are to be carried out for a proper execution of activities, the parties will alter the agreement accordingly, timely and by mutual agreement.
  • 4. If parties agree upon alteration of or addition to the agreement, the time of completion of the activities may be influenced by this. Astro Products will inform the customer of these changes as soon as possible if such a situation occur.
  • 5. If alteration of or addition to the agreement has any influence on price or quality, Astro Products will inform the customer beforehand.
  • 6. Deviating from 4.5, Astro Products may not charge additionally if the alteration or addition is the consequence of circumstances for which Astro Products is responsible.
  • 7. Price alterations
  • 7.1. If the price of any ordered product were to rise after an agreement has been made, this will not influence the price agreed upon.
  • 7.2. If the price of any ordered product were to be reduced within two (2) weeks after an agreement has been made, the agreement will be adjusted accordingly upon customer's request.
  • 7.3. Article 4.7.2 is not applicable to price reductions as a result from sales, discounts, offers, et cetera.
  • 8. Condition of ownership
  • 8.1. Astro Products remains the owner of a sold product as long as payment for the product, as agreed upon in the agreement, has not been fulfilled. The customer is obliged to take care when handling the product and does not have the right to hand over the product to any third party, or to use it as security, to pawn it, or to remove them or have them removed from the location from whence they are supplied, until the entire payment and any potential interests have been paid.

 Article 5 - Supplying
1. Supply times mentioned by Astro Products are approximate and are not binding for Astro Products.

  • 2. When Astro Products does not supply a product in time, the customer is to make aware Astro Products this and set a reasonable term for yet fulfilling the agreement.
  • 3. If Astro Products does not supply a product within the second term, the customer is entitled to annul the agreement without any charge by written statement, while such cannot oblige Astro Products to any payment of damages.
  • 4. Unless agreed upon otherwise, delivery occurs at Astro Products' address in Vlaardingen.
  • 5. The customer is obliged to purchase the product as stated in the agreement the moment it is available to him, or supplied to him.
  • 5.1. If Astro Products has agreed on delivery of a product and the customer is not present on the arranged date and place, or fails to provide sufficient information required for delivery, the agreed on product is offered again after consultation of the customer. The agreed on price is increased by fifty euros (€50,-). These additional costs are to be paid upon delivery.
  • 5.2. If the customer refuses, upon delivery of the agreed on product, to accept a product or part of it, he or she is, unless on the grounds to be found in 5.5.2, obliged to pay fifteen percent (15%) of the agreed upon price as cancellation fee.
  • 5.3. The customer has the right to refuse a product when:
  • 5.3.1. it is offered in a damaged state;
  • 5.3.2. it is not the product as agreed upon in the agreement with Astro Products.

 Article 6 - Delivery
Unless agreed upon otherwise, Astro Products does not deliver its products.

  1. If delivery is agreed upon by Astro Products, Astro Products unpacks the product and checks it for damage.
  2. If delivery is carried out as described in 6.2, it is not possible to put in a claim for damage afterwards.

 Article 7 - Cancellation of/Returning a purchase

  • 1. The customer may return, without specifying a reason, any product to Astro Products within seven workdays, counted from the day after the purchase. The customer receives, depending on the condition of the product on the moment of receipt by Astro Products, the full sum or a percentage thereof. The customer is to request Astro Products to take back the product by e-mail, letter or fax. In this, the condition of the product should be stated as defined under 7.3.
  • 2. If the customer choose to return a product to Astro Products, the amount paid for returning the product to Astro Products is to be paid by the customer.
  • 3. The product can be in one of the following three conditions:
  • 3.1. Condition 1; the product is undamaged, is still inside the original unopened packaging and meets the conditions under 7.4. The customer receives 100% (one hundred percent) of the original purchase price back from Astro Products.
  • 3.2. Condition 2; the product is undamaged, the original packaging has been opened and meets the conditions under 7.4. The customer receives 85% (eighty-five percent) of the original purchase price back from Astro Products.
  • 3.3. Condition 3; the product is damaged or the original packaging is not included or accessories are missing, including but not limited to: manual, mounting accessories, additional accessories. The product meets the conditions under 7.4, excepting 7.4.1. The customer receives a maximum of 70% (seventy percent) of the original purchase price back from Astro Products.
  • 4. Conditions for returning:
  • 4.1. The product is to be complete and in original condition;
  • 4.2. The product is to be unused;
  • 4.3. The product is to be clean, in the way the customer has received it;
  • 4.4. The product is not to have been built in to a rig;
  • 4.5. The product is not to have been mounted;
  • 4.6. Mounting material supplied with the product is to be packed in the original packaging;
  • 4.7. The product is to be supplied with original manual and accessories.
  • 5. Determination of the sum to be returned to the customer
  • 5.1. Upon receiving the returned product by Astro Products from the customer, Astro Products will professionally examine the product or have it examined. The customer is informed of the results of the examination and the percentage of the original price that will be returned to the customer.
  • 5.2. If the customer agrees with the percentage, as determined through the process described in 5.1, Astro Products will return this sum as soon as possible, and within fourteen work days.
  • 5.3. If the customer does not agree with the percentage, as determined through the process described in 7.5.1, the product remains property of the customer and the customer is to. paying the costs himself, collect the product on the location of return delivery within eight (8) days.

 Article 8 - Warranty 

  1. Astro Products guarantees that the product supplied meets the customary standards and is free from any defects.
  2. The warranty stated under 8.1 applies, unless otherwise stated, for a period of twelve (12) months.
  3. The warranty is a manufacturer's warranty.
  4. Astro Products provides the customer with proof of purchase as proof regarding the warranty.
  5. If the provided product does not meet the warranty, Astro Products will, within a reasonable term after receiving the product, or, if returning the product prove difficult or impossible, after notification in writing of the defect, at Astro Products' choice of action, replace the product or take care it is repaired. If the product is to be replaced, the customer is to return the product which is to be replaced to Astro Products and transfer ownership of the product to Astro Products.
  6. The aforementioned warranty does not apply when the defect originated from incompetent or improper usage or when, without written permission by Astro Products, the customer or a third party have altered or attempted to alter the product or used the product for purposes for which the product is not intended.
  7. If the supplied product does not correspond to the agreement and this inconformity is a defect concerning the agreement of product responsibility, then, in principle, Astro Products is not responsible for consequential loss.

 Article 9 - Examination and reclamation

  1. The customer is entitled to examine or have examined the supplied product upon delivery or at least within a reasonable term thereafter. This examination means inspecting if quality and quantity of the delivered product match the agreement and the common standards in trade.
  2. Any visible defects are to be made notice of to Astro Products within three (3) days of delivery, in writing, with simultaneous handing over of the proof of warranty and the defective product, unless this be impossible or unreasonably cumbersome.
  3. Any invisible defects are to be made notice of to Astro Products within eight (8) days of delivery, in writing, or at least before expiration of the warranty, while observing the further requirements as stated in 9.2. After expiration of the warranty, Astro Products is authorized to make the customer pay for repair or replacement, including costs for administration, shipping costs, call-out charges, et cetera.
  4. If, according to 9.3, the customer reclaims the product in time, the customer is still compelled to purchase and pay for the product. If the customer wish to return the product, this happens with written permission from Astro Products and in the manner as stated by Astro Products.

 Article 10 - Risk transfer
The risk of loss of or damage to the product is transferred to the customer on the moment the possession of the product is transferred to the customer.

 Article 11 - Payment
Method of payment:

    1. Unless agreed upon otherwise, payment is to be made net cash.
    2. If payment is not made cash, it is to be made before delivery.
    3. In case of invoicing by Astro Products, payment is to take place within fourteen (14) days after the date of invoicing, in the currency stated in the invoice.
    4. After expiration of the payment term of fourteen (14) days, the customer is by law considered neglecting. From this moment, the customer is due an interest of one percent on the original payment, unless the legal interest is higher, in which case this interest applies.
    5. In case of bankruptcy or suspension of payment of the customer, Astro Products' claims and the customer's obligations to Astro Products are immediately collectable.
    6. If parties agree upon payment in advance, the agreed upon sum is to be paid by Giro within fourteen (14) days of invoicing and the workday before delivery or pickup at the latest.
    7. If parties agree upon payment in advance and part of the sum has been paid by Giro, the rest of the sum is to be paid cash upon delivery or pickup.
    8. If parties agree upon payment upon delivery, the payment is to be made net cash upon delivery.
  2. Refunding
    1. If parties have agreed upon payment in advance and the agreement is annulled as described in article 5.3, Astro Products will refund the payment already made as soon as possible, and within fourteen (14) days at the latest.
    2. If parties have agreed upon payment in advance and the parties decide to remove, according to article 5.3, the products that cannot be supplied from the agreement, Astro Products will refund the sum of the cancelled products as soon as possible, and within fourteen (14) days at the latest.
    3. Objections to the prices in the agreement do not cancel the commitment.

 Article 12 - Collection fees
All costs resulting from collection of the invoiced sum (including collection fees that are extrajudicial) are chargeable to the customer. The extrajudicial collection fees are at least fifteen percent (15%) of the main sum and minimally fifty Euros (€50,-), all excluding turnover tax. 

Article 13 - Liability
If the product supplied by Astro Products is faulty, the liability of Astro Products to the customer is limited to what is stated under Warranty in Article 8.

  1. When the manufacturer of a product is responsible for ensuing damage, liability of Astro Products is limited to repairing or replacing the product, or restitution of the purchase price.
  2. Without prejudice to the above, Astro Products is not liable if the damage is the result of either intention and/or severe liability and/or reproachable actions, or incompetent or improper use by the customer.
  3. The limitations of liability for direct damage stated in these conditions do not apply if the damage is due to intention and or severe liability on the part of Astro Products or one of its subordinates.

 Article 14 - Vis major
Astro Products is not required to follow any obligations, if Astro Products is hindered to do so as a result of circumstances that are not the result of liability or that can neither by law, or legal action, or notions current in the specialism, be put down to Astro Products.

  1. Vis major is considered to be, in these conditions, besides what is determined in the law and case law, all causes external, foreseen and unforeseen, on which Astro Products is unable to exert influence, and through which Astro Products is unable to fulfil the agreement. This also includes strikes in Astro Products.
  2. Astro Products is also entitled to claim vis major, if the cause that obstructs further fulfilment of the agreement, occurs after Astro Products was to have originally fulfilled the agreement.
  3. During the period of vis major, parties can postpone the obligations in the agreement. If this period lasts longer than three months, both parties are entitled to dissolve the agreement, without obligation to pay for damages afflicted on the other party.
  4. If on the moment when vis major occurs, Astro Products has partially fulfilled agreement or is able to partially fulfil the agreement, and this partial fulfilment has independent value, Astro Products is entitled to separately invoice the partial fulfilment of the agreement. The customer is obliged to pay the invoice as if it were a separate agreement.

 Article 15 - Complaints
All complaints regarding the fulfilment of the agreement or the quality of the product will be seriously dealt with by Astro Products. The customer is to submit his complaint by e-mail, letter or fax. Astro Products will attempt to deal with the complaint as soon as possible and within fourteen (14) days. The customer is notified by Astro Products by e-mail.

 Article 16 - Disputes
The court in Astro Products' place of business is exclusively authorized to examine disputes, unless the cantonal court is authorized. Nevertheless, Astro Products is entitled to lay the dispute before the court entitled by law.

 Article 17 - Applicable law
Dutch law applies to all agreements between Astro Products and the customer.

 Article 18 - Alteration and location of the general conditions
The latest version of the general conditions applies, except where the conditions have changed after an agreement has been made, in which case the conditions as they were when the agreement was made apply. The general conditions can be found on Astro Products' website. The web address thereof is http://www.astro-products.nl

Last Updated ( Monday, 28 December 2009 18:27 )