Newstar is entitled to deliver goods that deviate from the goods depicted in the catalogue in minor ways, such as but not limited to the colour. If Newstar delivers an item that differs substantially from the agreed item, the Buyer can terminate the Agreement (exclusively) with regard to the deviating goods in writing within 2 (two) working days after delivery. In that case, the Buyer cannot claim compensation for damage, and Newstar is only obliged to refund that which has already been paid by the Buyer in respect of the part of the Agreement to which the termination relates.
Contrary to the statutory limitation periods, the limitation period for all claims and defences of the Buyer against Newstar is 6 (six) months from the date on which such claims and defences arose.
If the Buyer is in default with regard to any obligation under the Agreement or these general terms and conditions, or if the Buyer has filed (or applied) for bankruptcy, suspension of payments, debt restructuring under the Debt Restructuring (Natural Persons) Act, incapacity for work, strikes, seizure, (business) takeover and/or merger, or death, all the claims of Newstar on the Buyer will become immediately due and payable and Newstar will have the right to terminate the Agreement in writing. At such time Newstar will be entitled to payment of the entire invoice amount, less the (direct) costs saved by Newstar as a result of the termination. In such a case, the Buyer will not be able to claim compensation for damage.