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General conditions 2017

Art. 1: Applicability
1.1 These conditions apply to all dealing with Newstar COMPUTER PRODUCTS EUROPE BV (hereinafter referred to as NewStar), unless expressly agreed otherwise in writing.
1.2 Applicability of the buyer's terms, unless expressly agreed otherwise in writing. In case (yet) (some) provisions of buyers' conditions apply, if and to the extent those provisions conflict with this sale, this sale go.
1.2.1 If and to the extent the terms of a decision made by a competent authority from one or more provisions of these terms in whole or in part invalid or unenforceable, then the remaining provisions will remain in full force, but the parties are then take additional provisions to be agreed, with economic effect as close as possible that approaches such determination were invalid or unenforceable.

Art. 2: Quote, offers, acceptance
2.1 All quotations and offers are subject to change. Unless expressly agreed otherwise in writing. Agreements are only binding after written confirmation of Newstar Newstar or when one has undertaken the execution of the contract.
2.2 If the acceptance deviates from the range of Newstar than this as a rejection of the original offer, even if the acceptance is only a minor modifications.

Art. 3: Time and place of delivery
3.1 Delivery will take place to the other address in the Netherlands and at the expense of the other party.
3.2 Delivery times are approximate specified. An overshooting of the delivery, the other party is not entitled to compensation, even in the absence NewStar is.
3.3 NewStar is entitled to supply in parts to take place, in which case they are also entitled to any partial delivery separately billable.
3.4 If the other party in default to the goods to receive NewStar is entitled to her choice of either the goods to save on cost and risk of the party so in default to the sale in whole or in part without judicial intervention, without prejudice to dissolve Newstar's right to full damages to be recovered.

Art. 4: Advertising; dissolution
4.1 The other party will immediately check goods on delivery and convince the state in which the goods are. Complaints regarding the condition of the delivered goods immediately and in writing to be done, but no later than 5 days after delivery, failing which Newstar not be liable for any defects in the goods.
4.2 In case Newstar (partly) a ring accepts advertising, NewStar will at its option may terminate the agreement (without court intervention), or is replaced (without further cost), or a reasonable deduction from the purchase price to the other party retains the goods .

Art. 5: Payment Terms
5.1.1 All prices are based on currency exchange rates, import duty and other taxes, which affect the selling price and in effect at the time that the agreement is made. In case of adjustment of one or more of these factors before delivery takes place in accordance with the agreed delivery time, NewStar has the right yet to calculate its sales, so that reasonably provide for cases changes.
5.1.2 the consequences of any governmental action is, including within the framework of the European Communities, including all taxes, duties, levies and / or monetary compensation, etc., if and to the extent not yet included in the price for expense and risk of the other party.
5.2 Unless otherwise agreed, payment due within 10 days after the invoice date.
5.3 If the invoice in the amount of payment is not paid in full, the other party in default by the mere lapse of time without such a notice is required.
5.4 The other party is not entitled to any discount, compensation settlement.
5.5 Newstar reserves the right at any time (including delivery) to the prepayment or other security for the asking price through a bank, an irrevocable letter of credit or any similar document, assignment of claim or otherwise. If the other party not to request such security, the party deemed to be in default, both with regard to payment of the purchase price is subject to the acceptance of the goods and NewStar will be entitled to (partial) the to cancel or suspend without judicial intervention, without prejudice to its right to full damages to be recovered.
5.6 In case of default of payment, the other the following charges:
* The high administrative costs € 25, --
* The statutory interest
* The extrajudicial collection costs, which at least € 50, - amounts
* The actual legal costs incurred by Newstar
* Any damage which Newstar suffer as a result of changes in currency exchange rates when the purchase price in euros is not

Art. 6 Installation
6.1 installation and facilities at any time on behalf of the other party.

Art. 7 Liability
7.1 NewStar will not be liable for any loss, cost and / or damage resulting from any delay and / or failure to comply with its obligations, if such is caused by circumstances that are reasonably beyond its power and / or outside its fault are including non limitative including war situations in the same war, riots and public disturbances, earthquakes, storms, floods, fire or any other natural disaster, accidents, blockades, the loss of transport, strikes and other forms of work stoppage or interruption of production, total partial or non compliance by third parties whose goods or services received should be limited reduction capacity, boycotts, actual limits of public support or lack of required import and export licenses. If a case referred to above occurs, NewStar will notify in writing and shall be entitled at its choice to its obligations to suspend or terminate the agreement.
7.2 NewStar will not be liable for consequential damages or any other damage as a consequence of a lack of supply.
7.3 The total liability of Newstar with respect to a given contract will be limited to the net principal Newstar which account for this contract has taken place.
7.4 In all cases where NewStar has the right to rely on these provisions, if they are found.
7.5 Save as expressly Newstar under these provisions would be liable, the other Newstar indemnify against claims, actions, costs, losses and claims arising or related to the goods.

Art. 8 Retention of title
8.1 The delivered goods remain the property of Newstar until the other party has fully complied with all claims, relating to under the contract delivered or delivered, including pursuant to such agreement made or to be carried out and all claims for failure to perform such agreements, including all collection costs and interest. It is not allowed the other party delivered in the property transferred, otherwise than in the ordinary course of business or property to pledge or otherwise secured to the benefit of third parties.
8.2 Where the negligent party remains in breach of any obligation towards Newstar or in case the other party is bankrupt or liquidate or become a debt settlement with its creditors or any steps to ensure this, or during a period of 30 consecutive days ceases doing business, then Newstar entitled without further notice and without judicial intervention for the goods to take back.
8.3 The other party commits itself to the goods delivered to first request for Newstar a silent pledge to establish, if possible through to the transfer of ownership of the goods for all existing and future claims of NewStar on the other, which also all collection costs and interest included.

Art. 9 Warranty
9.1 Newstar required unless otherwise agreed, during three months after delivery, in case of malfunction of (parts) the equipment, the choice of NewStar to be replaced or repaired, without labor or material in effect.
9.2 The repair or replace equipment or components should be free to Newstar sent against payment of travel and accommodation, transport etc. beproefapparatuur
9.3 Any warranty will be lost if the defect is due to improper use of equipment or if it appears that repairs to the equipment by third parties are implemented.

Art. 10 Jurisdiction
10.1 On all offers, order confirmations and agreements Dutch law will apply.
10.2 All disputes will only be submitted to the competent court within the district of Haarlem.

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