Below you find our terms & conditions, this page is translated using Google translate and is not checked in any way.
Article 1. Common
1. These conditions apply to every offer, tender and agreement between Custom Racing Decal, hereinafter referred to as “User”, and Other Users of these conditions has stated, if these conditions are not parties expressly and in writing waived .
2. These conditions also apply to agreements with user, for which user services of third parties.
3. These general conditions are also written for the staff of User and its management.
4. The applicability of any purchase or other conditions of the Other is explicitly rejected.
5. If one or more provisions of these terms and conditions at any time in whole or in part or may be destroyed, then the other provisions in these general conditions shall apply in full. Other user and will then engage in dialogue so as new provisions to replace the invalid or void provisions agreed, as far as possible the purpose and intent of the original provisions are observed.
6. If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, then the explanation to be “the spirit of these provisions.
7. If an exchange situation that is not in these general conditions is regulated, this situation should be assessed according to the spirit of these terms and conditions.
8. If the user does not always strict compliance of these conditions requires, this does not mean that its provisions do not apply, or user in any degree the right would lose in other cases, strict compliance with the provisions of these terms and conditions.
Article 2. Offers and promotions
1 All bids and offers of free user, unless the offer a deadline for acceptance is made. A tender offer or canceled if the product on which the offer or tender in the meantime, no longer available.
2 You can not have bids or offers will be taken if the Other can reasonably understand that the tenders or offers, or any part thereof, a manifest mistake or slip contains.
3 in a bid or offer prices are inclusive of VAT and other taxes and any government under the contract costs, including travel and subsistence, postage and administrative costs, unless otherwise indicated.
4 If the acceptance (whether or not secondary items) from the offer or the offer included supply then User shall not be bound. The agreement is not in accordance with said deviating acceptance, unless user indicates otherwise.
5 A compound quotation shall not oblige user to execute part of the assignment against a corresponding part of the price. Offers and tenders shall not apply automatically to future orders.
Article 3. Contract Duration; delivery, implementation and modification agreement; price
1. The agreement between User and the Other is made for an indefinite time, unless the nature of the different results or if the parties expressly agree otherwise in writing.
2. For the completion of certain activities or to supply a certain period agreed or specified, this is never a deadline. If a term, the Other User therefore written in default. You must be a reasonable period should be offered to still implement the agreement.
3. User has the right to have certain work done by third parties.
4. User has the right at different stages and to the portion thus separate bill.
5. If the agreement is implemented in phases to user implementation of those parts to the next stage until the Other results of the preceding stage in writing.
6. If user information provided by the Other Party for the implementation of the agreement, the period begins no earlier than after the Other it is accurate and fully available to user attention.
7. If during the execution of the agreement shows that the proper implementation is necessary to amend or supplement, then parties and agreed to amend the agreement. If the nature, scope or content of the agreement, whether by request or appointment of the Other, to the competent authorities et cetera, is amended and the contract would be qualitatively and / or quantity is changed, it could have for what was originally agreed. This allows the original agreed amount to be increased or decreased. User will it as much as possible prior to quotation. By an amendment to the agreement, the originally specified period of implementing change. The Other Party accepts the possibility of amending the agreement, including the change in price and time of implementation.
8. If the agreement is amended, including a supplement, then the user is entitled to it first to give after this agreement is given by the user in person and Other approved the implementation of price and other conditions, including the then determine when it will be implemented.Failure or delay execution of the amended agreement also provides for default user and for the Other is not entitled to the contract.
9. Without it in default, may be a user request to amend the refuse, if it is in qualitative and / or quantitative terms could result for example in this context to work or to be delivered.
- If the Other Party in default should be in the proper performance of which user account to which he is, the Other Party liable for any damages (including costs) in support of the user that directly or indirectly incurred.
- If User in the agreement a certain price, then User is under the following circumstances shall nevertheless be entitled to increase the price, even if the price were not initially subject to specified.
- If the price increase is the result of an amendment to the agreement;
- If the price increase resulting from a future power user or a user’s obligation under the law;
- In other cases, provided that the Other who is not acting in the exercise of a profession or business, is entitled to the agreement by a written declaration to dissolve if the price exceeds 10% and within three months after the conclusion of the agreement, unless User then still willing to sign the Agreement on the basis of the originally agreed to, or if stipulated that the episode is longer than three months after the sale will take place.
Article 4. Suspension, dissolution and termination of the interim agreement
1. User is responsible to fulfill their obligations to suspend or delay the agreement with immediate effect and to dissolve, if:
- The Other Party’s obligations under the Agreement does not, not fully or timely comply;
- After the conclusion of the user learns of circumstances giving good ground to fear that the Other will not fulfill his obligations;
- The Other in the agreement was requested to guarantee the fulfillment of his obligations under the agreement and this security or insufficient;
- If the delay on the part of the Other User can no longer be required that the contract against the originally agreed conditions will fulfill the user is entitled to dissolve the agreement.
- If circumstances arise of such a nature that fulfillment of the contract impossible or unaltered maintenance of the reasonable user can not be demanded.
2. If the dissolution is attributable to the Other, User is entitled to compensation for damages, including costs, thereby directly and indirectly created.
3. If the agreement is dissolved, the user’s claims against the Other immediately due and payable. If the user suspends fulfillment of the obligations, he shall retain his rights under the law and the agreement.
4. If users on the grounds mentioned in this article about the suspension or termination, he is thereby in no way liable for damages and costs it incurred in any way or compensation, while the Other, by virtue of default, up to damages or compensation is required.
5. If the agreement is terminated by User, User will in consultation with the Other ensure transfer of additional work to third parties. Unless the termination is attributable to the Other. Unless the interim to end user is responsible, the cost for transfer to the Other will be charged.Other user will be as much as possible information regarding the magnitude of these costs. The Other Party shall pay such costs within the period referred to by the user, unless user indicates otherwise.
6. In the event of liquidation, (application) receivership or bankruptcy of attachment – when and where the seizure is not lifted within three months – at the expense of the Other, of a debt or other circumstances which the Other is no longer freely on assets available, the user is free to the immediate and direct effect or to cancel the order or agreement to cancel without any obligation on his part to pay any damages or compensation. The user’s claims against the Other in this case immediately due and payable.
7. If the Other Party issued an order totally or partially cancel, then the appropriate order or ready-made business, plus the potential to discharge and delivery costs and the implementation of the reserved working, integral to the Other be charged .
Article 5. Force Majeure
1. User is not obliged to perform any obligation to the Other Party if he is hindered due to a circumstance that is not due to debt, and neither under the law, an act of force in the movement for his views originate.
2. Force majeure is in these terms mean, in addition to what this effect in the law and jurisprudence is understood, all external causes, foreseen or not foreseen, which user can not exercise, but that user is unable to meet his obligations . User also has the right to invoke force majeure if the circumstance rendering (further) fulfillment of the agreement prevents occurs after users have had to honor its commitment.
3. User can for as long as the force majeure continues to suspend obligations under the agreement. If this period lasts longer than two months, then either party has the right to terminate, without liability for compensation for damage to the other party.
4. If the user at the time of the occurrence of force majeure its obligations under the Agreement has already partially fulfilled or will be fulfilling, and to fulfill and to be part of independent value, User is entitled to the already observed and to be part separately to invoice. The Other Party is obliged to pay this invoice as if there is a separate agreement.
Article 6. Payment and collection costs
1. Payment should always be made within 14 days after the invoice date, within a user to indicate the currency in which billed, unless otherwise indicated by User. User is entitled to periodic billing.
2. If the Other Party defaults in the timely payment of an invoice, the Other of law in default. The Other is then an interest. In the case of consumentenkoop is the interest at the statutory rate. In other cases, the Other a rate of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due amount will be calculated from the time that the Other is in default until payment of the full amount.
3. User has the right by Other payments made to stretch in the first place to reduce the costs, then deducting the interest still due and finally to reduce the principal and accrued interest.
4. User may, without thereby in default to be an offer to refuse payment if the Other a different order for the allocation of the payment designated. User can fully repay the principal refuse, if this does not include the cases and accrued interest and collection costs.
5. Objections to the height of a bill not to suspend the payment.
6. If the Other Party in default or omission in the (early) to ensure compliance with its obligations, all reasonable costs incurred in obtaining satisfaction out of court on behalf of the Other. The extra costs are calculated on the basis of what is currently in the Dutch collection practice is currently the method according to Report for Work II. If, however, higher user charges for collection has been reasonably necessary, the actual costs for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other. The Other is on any collection costs also include interest.
Article 7. Retention of
1. All users within the framework of the delivered goods remain the property of the Other User until all obligations under the User Agreement (s) is properly implemented.
2. User-delivered, that pursuant to paragraph 1. the property, may not be resold and must never be used as payment. The Other Party is not entitled to under the title falling to pledge business or otherwise encumber.
3. The Other Party must always do everything that reasonably could be expected from him to the ownership of User secure.
4. If third parties seize the property delivered or rights to establish or exercise, the Other User required to immediately notify.
5. The Other Party is committed to the property delivered to insure and keep insured against fire, explosion and water damage and against theft and the policy of this insurance on first request for users to access them. In any benefit of the policy is entitled to this user tokens.Insofar as necessary, the Other itself to users in advance to co-operate with all that that framework was necessary or desirable (appear) to be.
6. In case user in this article designated property to exercise, the Other a priori unconditional and irrevocable consent to User and User to designate third parties to all these places to enter the property user are located and doing business to take.
Article 8. Guarantees, research and advertising
1. The User to meet the usual requirements and standards to them at the time of delivery reasonably could be and what they normally use in the Netherlands there. The guarantee in this Article shall apply to matters that are intended for use within the Netherlands. When used outside, the Other, to verify that its use is suitable for use there and whether they meet the conditions on which they made. User can in that case other warranty and other conditions in respect of the supply business or to work.
2. In paragraph 1 of this Article shall guarantee is valid for a period of … … … after delivery, unless the nature of the delivered otherwise or if parties have agreed otherwise. If the User guarantee a matter which was produced by one third, then the guarantee is limited to those provided by the producer of the matter is that, unless otherwise indicated. After the warranty period, all costs for repair or replacement, including administration, postage and wire costs, to the Other be charged.
3. Any form of guarantee will lapse if a defect is created as a result of or resulting from improper or inappropriate use or use after the expiration date, incorrect storage or maintenance thereto by the Other and / or third party when, without the written consent of User, the other Party or third parties to the case have made changes or have tried to bring that other cases were confirmed not confirmed that it should be or if they were distant or modified other than as prescribed. The Other Party is not entitled to warranty if the defect is caused by or arising from circumstances where user can not affect them, including weather conditions (such as but not limited to, extreme temperatures or rainfall) et cetera.
4. The Other Party is obliged to supply (to) investigate immediately when things are made available to him or the work performed. This is the Other to examine quality and / or quantity of the product corresponds to the agreement and satisfies the requirements on parties in this agreement. Any deficiencies within two months after discovery in writing to User to be reported. The notification shall provide a detailed description of the defect, so that user is able to respond adequately. The Other You must have the opportunity to make a complaint to (do) investigations.
5. If the Other reclameert time, suspend its commitment not. The Other remains in that case also required to purchase and payment of the otherwise ordered, except where it has no independent value.
6. If a defect later mention is made, then the Other no right to repair, replacement or compensation, unless the nature of the case or the other circumstances of the case a long-term results.
7. Where it is established that a case is weak and that time is on gereclameerd, then the poor user, within a reasonable period after the return receipt or, if return is not reasonably possible, written notification in respect of the defect by the Other, at the choice of User, replace or arrange for repair or replacement fee to the Other comply. In case of replacement is obliged to replace the case to User to return the property on the User to provide, unless user indicates otherwise.
8. If it is established that a complaint is unfounded, then the costs incurred thereby, including the research costs, in support of this User cases, integrated on behalf of the Other.
Article 9. Liability
1. If the user might be liable, this liability is limited to what this provision is governed.
2. User is not liable for damage of whatever nature, created by User is assumed by or on behalf of the Other incorrect and / or incomplete data.
3. User is solely liable for direct damage.
4. Direct damage is only:
- The reasonable costs incurred to establish the cause and extent of the damage, where the establishment relates to damage under these conditions;
- Any reasonable expenses incurred for the poor performance of the User Agreement to answer, so far as this can be attributed to user;
- Reasonable costs incurred to prevent or mitigate damage, insofar as the Other that these costs have led to the limitation of direct damage as referred to in these terms and conditions.
5. User is never liable for indirect damage, including consequential damages, lost profits, lost savings and damage due to business or other stagnation. In the case of consumentenkoop, this restriction does not go beyond that which is permitted under paragraph 2 of Article 7:24 BW.
6. Should user be liable for any damage, then the liability of User restricted to a maximum of three times the invoice value of the order, at least to that part of the order in which the liability relates.
7. User’s liability is always limited to the amount of the benefit of its insurer in the case.
8. In this article limits of liability do not apply if the damage is due to intent or gross negligence of User or his senior subordinates.
Article 10. Limitation period
1. Notwithstanding the statutory limitation periods, the limitation of all claims and defenses against User and the User in the implementation of a third party, a year.
2. The provisions of paragraph 1 shall not apply to claims and defenses that are based on facts which would justify the claim that the goods delivered to the agreement would not answer. Such claims and defenses barred shall be two years after the Other User of such non-conformity has informed.
Article 11. Risk transfer
1. The risk of loss, damage or loss is transferred to the Other Party at the time when things in the power of the Other be.
Article 12. Safeguard
1. The Other Party shall indemnify the User for any claims by third parties in connection with the implementation of the injury and the cause other than User attributable.
2. If User of such third parties should be addressed, it is obliged User both outside and in to right and immediately what to do for him in that case can be expected. If the Other failure in taking appropriate measures, then User, without notice, entitled themselves doing so. All costs and damages on the part of users and third parties are created, are integral for the account and risk of the Other.
Article 13. Intellectual property
1. User reserves the rights and powers for which he is entitled under the Copyright and other intellectual laws and regulations. User has the right through the implementation of an agreement by his side increased knowledge for other purposes, provided it does not strictly confidential information from the Other to the notice of third party services.
Article 14. Applicable law and disputes
1. All legal relations which User is a party, only Dutch law applies even if a contract wholly or partly abroad to be given or if the legal relationship to the party concerned is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. Parties will first appeal to the court to do after they have made to the final dispute in mutual consultations.
Article 15. Reference and modification conditions
1. Applies is always the last registered version or the version in force at the time of the creation of the right relationship with You.
2. The English version of the general conditions are more decisive for the interpretation.