General Conditions

General Conditions

I. GENERAL

These conditions are valid for special offers, quotations and agreements from TS TELESWITCH EUROPE BV, hereafter called TELESWITCH.

2. SPECIAL OFFERS AND QUOTATIONS

a. All prices in circulars, price magazines, webshop and brochures provided by TELESWITCH are non-committal. Prices and conditions, either offered verbal or in writing, are valid for 14 days after the quotation date.

b. We have the right to correct mistakes, where under- type or writing mistakes in prices lists, special offers and invoices, by showing that mentioned prices or conditions differ importantly from prices or conditions we normally manage.

3. MEASURES, WEIGHTS AND TECHNICAL INFORMATION

a. The measures, weights and technical information indicated in our special offers, price lists or letters, are approached as accurate as possible, but no consequences or obligations will be held to this.

4. SHIPMENTS

a. Shipments to one address in the Netherlands up to the amount of EURO 500,-- are ex works, above EURO 500,-- C&F delivered, unless otherwise stated. Costs for urgent deliveries, specifically requested by customer are for his/ her account. Shipments outside the Netherlands will be delivered ex works Nieuw Vennep unless otherwise stated.

b. Delivery terms are approached as accurate as possible, but no consequences or obligations will be held to this. We will contact the customer when delivery is exceeding more than 14 days. Excessive exceeding may be considered ground for dissolvent of the agreement, mentioning that customer will hold TELESWITCH liable and confirm this by registered mail. No judicial interference is required.

c. In case of delivery at request, without agreed terms, we can summon customer to get the goods delivered in a reasonable term specified by TELESWITCH.

5. INSTALLATION

a. Customer will take care of the installation from delivered equipment and/or systems.

b. In case TELESWITCH mediates for a third party to do the maintenance, the general terms from the third party will be applicable.

6. PRICING AND PAYMENTS

a. All Prices are excluding VAT, ex works.

b. Quoted and by customer accepted prices are effective for both party’s, with the exception of article 2b.

c. In case of long term deliveries (longer than 3 months after quotation date) prices are being influenced because of unforeseen circumstances (selling prices of suppliers, currency changes, taxes or other charges like freight allowances), both parties can agree to adjust the price, or cancel the purchased goods partly or totally.

d. Payments needs to be done cash in advance for deliveries outside The Netherlands, or within 14 days after the invoice date on our bank account, unless written agreed otherwise. Customer may not postpone payments or run up debts.

e. In case the payment is overdue the 14 days, customer is liable and will be charged partly or totally 1.5% interest a month.

f. In case TELESWITCH will hand over an overdue invoice to a bailiffs office, all charges where under all legal charges in The Netherlands and abroad are for the account from the customer. Charges will be calculated according to the charges from the Dutch order of Attorneys.

7. STORAGE

a. If goods are being stored for customer, charges and own risk will be the responsibility of the customer. Storage longer than 30 days will be charged to the customer. If required TELESWITCH has the possibility to insure the goods, which costs will be charged to the customer.

8. DAMAGE, LIABILITY AND WARRANTY

a. TELESWITCH is for accountable shortcomings in the fulfillment of agreements falling under the General Terms, only responsible for replacing indemnification, Compensation for indirect damage, or damage through missed out profit are excluded.

b. Referring to the last paragraph; If we are obliged in any way to compensate damage, this will be done after agreements with third parties are being remitted.

c. In case of any unlawful act from TELESWITCH, employees or third parties wherefore TELESWITCH can be held responsible, TELESWITCH will only be responsible for compensation or damage through death or physical harm and other damage, for so far caused on purpose or rude fault. In these particular cases the compensation will never exceed an amount more than EURO 500.000,- per event, or connected series of events. Terms for the existence of any right on compensation, will be that customer after the appearance of the damage utterly informs us within 14 days per registered mail.

d. TELESWITCH only gives warranty as agreed with third parties. Restitution will be granted if the warranty is accepted by the supplier, stipulating an amount that will be compensated to TELESWITCH.

e. Warranty is due 3 months after delivery date. Liabilities needs to be reported to TELESWITCH directly after observation. In warranty cases TELESWITCH decides regarding reparation or replacement.

f. TELESWITCH is in no case responsible, if customer gives incorrect or incomplete information, including incorrect information regarding text and logo’s.

g. TELESWITCH is not responsible for damage or shortcomings as result of normal wear and tear, incorrect use, or lack of accuracy

h. For direct or indirect damage to third parties, caused by or in connection with delivered goods from TELESWITCH we cannot be held responsible.

9. CIRCUMSTANCES

a. Superior forces from our side has consequence that we do not have to keep our contractual obligations, and are able to unbind the agreement, or postpone the agreement to further order, without the obligation to pay for any compensation to our customer.

b. Superior forces are for instance; failure from our suppliers, transporters or other third parties involved in the agreements, stagnation in traffic, force by nature, war and/or mobilization, obstruction from any government, fire, accidents in our company and sickness of our employees.

10. CANCELLATION

a. If a customer wants to cancel a closed agreement partly or totally, we will charge 35% charges of the agreed price plus extra charges made by us, without any evidence of the indemnification towards the customer. In case we have evidence that damage we suffered was exceeding this amount, customer will have to pay for these charges.

11. OWNERSHIP

a. Delivered goods which are not totally paid for remain property of TELESWITCH. We have the right to return the goods in case the invoice has not been paid within 60 days after invoice date. This does not discharge customer from obligation to payment from damage compensation and loss of profit.

12. RISC

Cases are for risk of TELESWITCH up to the moment that they are brought to the actual disposal from client, or by client mentioned third parties. If we practice stock management and distribution function for a client, the good will be insured during storage and transportation. (see article 7).

13. DISSOLUTION

If one of the parties will request for suspension of payment or bankruptcy, the other party will have the right to dissolve the closed agreements, by registered mail, or at choice postpone his obligations. All indebted amounts for the other party can be immediately demanded. Rights regarding no keeping the agreements will be reserved for the other party, where under the ownership rights of delivered goods.

14. APPLICABLE LAW

All agreements applicable to these General Terms are managed by the Dutch Law. Any possible disputes will be submitted to the verdict of a qualified judge within the resort Amsterdam.

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