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GENERAL DELIVERY CONDITIONS FOR PRODUCTS OF HOUSE OF U
("House of U"):
1. DEFINITIONS:
Products are understood to mean 1) substrates which House of U prints with a certain image at the Buyer's request, 2) art reproductions and other reproductions, 3) clothing and accessories, and 4) all other items which are delivered by House of U. Buyer is understood to mean the legal entity or natural person that buys Products from House of U.
2. FORMATION OF THE AGREEMENT:
The Buyer asks House of U to deliver a Product to it and provides the necessary data for that purpose to House of U. Based on the data provided by the Buyer, House of U issues an offer. This offer is without obligation. If Buyer accepts this offer, it must immediately sign and send back the offer to House of U or must immediately confirm in writing to House of U that it accepts this offer without modification.
3. DATA TO BE PROVIDED BY THE BUYER:
The Buyer provides to House of U all data which House of U needs to deliver the Product and also provides a reference product that is acceptable for House of U.
4. ASSESSMENT, MODIFICATION AND USE OF DATA PROVIDED:
House of U assesses the colour and image of the data provided to it by the Buyer under light standard D65. If the data provided by the Buyer cannot be used without modification in the production processes used by House of U or must be changed for an optimal result, House of U will adapt and/or adjust the data provided to it by the Buyer in consultation with the Buyer. The associated costs will be charged to the Buyer. All industrial and intellectual property rights and other rights relating to such adaptations/adjustments will accrue fully to House of U. House of U will not use the data provided to it by the Buyer for the benefit of third parties.
5. FABRIC DELIVERED BY THE BUYER:
In case the Buyer provides the fabric to House of U for printing or treatment, House of U does not give any guarantee for both
quantity and quality of prints that can be delivered. House of U will use its best efforts to produce the best possible quality and quantity. House of U will keep track of usage of these fabrics and report to the Buyer if requested. House of U is entitled to charge printing costs for prints on fabrics delivered by the Buyer that are rejected by House of U and/or the Buyer because of poor quality or even failure in the House of U process.
6. SAMPLE:
Before it begins producing the Product, House of U may send a proof or sample to the Buyer for approval. Unless agreed otherwise, the costs of this will be at the Buyer's expense.
7. PRICE AND PAYMENT: Prices are exclusive of VAT and other governmental taxes and are based on delivery Ex Works (according to Incoterms 2000) inclusive of standard packing. Unless agreed otherwise in writing, a 50% pre-payment must be received by House of U on confirmation of order and 50% within 30 days after the invoice date. The Buyer is not entitled to any setoff, discount, or deferment. All costs associated with a payment are at the Buyer's expense.
8. DELIVERY AND TIME OF DELIVERY:
Unless agreed otherwise in writing, delivery takes place Freight Paid excluding insurance until the agreed destination (CIP according to Incoterms 2000), inclusive of standard packing. If a time of delivery has been agreed, this is not intended as a firm date, and it only begins to run after receipt by House of U of all necessary data, deposits and financial security.
9. RETURNING AND SAVING DATA RELATING TO A PRODUCT:
Upon request, House of U will return to Buyer data provided to it at the Buyer's expense. House of U saves the data which are necessary to produce the Product (both the data provided to it as well as the adaptations/adjustments as referred to in Article 3) and any samples as referred to in Article 5, for a year after delivery at no cost, after which House of U will have no obligation and is allowed to destroy this data.
10. WHAT THE BUYER MAY EXPECT:
The Buyer may expect that House of U will use its best efforts to have the Product, assessed under light standard D65, resemble as much as reasonably possible the proof or sample provided to the Buyer, or the reference product provided by Buyer. The Buyer may not expect that the Product to be delivered can be exactly reproduced with regard to a later delivery.
11. GUARANTEES:
House of U does not give any guarantee as regards merchantability, fitness for a particular purpose, authenticity nor any other implicit or explicit guarantee.
12. SUITABILITY:
It is the responsibility of the Buyer to determine whether the Products are suited for the purpose and application it intends to use them for. The Buyer explicitly accepts the risks and liabilities ensuing from the use of the Products, whether or not in combination with other items. In the event House of U gives any advice as to the use of the Products, this advice shall be deemed to have been given to
the best of its knowledge, and following such advice is at the Buyer's expense and risk. House of U, however, accepts no liability whatsoever in this respect.
13. COMPLAINTS:
In the event the Buyer is of the opinion that the delivery of a Product is defective, it must, on pain of forfeiture of its rights, notify House of U of same in writing, precisely stating the alleged defect, within eight days after discovery, but not later than 30 days after receipt of the Product in question.
14. IMPORT/EXPORT:
If the import and/or export regulations prevent House of U from delivering the Products to the Buyer, House of U shall inform the Buyer thereof as soon as possible. If such a situation occurs, both House of U and the Buyer are entitled to dissolve the agreement without any liability for damages. If, in such a situation, House of U has received an initial payment, House of U shall return this.
15. LIMITATION OF LIABILITY:
House of U accepts no liability whatsoever for damage, irrespective of whether the damage was sustained by the Buyer or by a third
party, arising from, relating to, or in connection with: a) loss of profit, b) decrease in revenue, c) loss of turnover or production, d) stoppage of or delay in the production process, e) full or partial damage or loss of the Products delivered by or through House of U and of the items which are manufactured, processed and/or treated with the Products delivered by or through House of U, f) diminution of the value of Products or items, g) repossession of Products or items, h) adverse effect on good will and/or reputation and/or trademarks, i) delivery of Products for which House of U does not receive consideration, j) cleaning costs, k) net assets loss. The above exclusion of liability does not apply if and insofar as intent or wilful recklessness concerning the cause of the damage can be ascribed to a person charged by House of U with the management of House of U organisation. At all times, House of U liability for damage is limited to a maximum of the price of the Product that caused the damage.
16. INDEMNIFICATION:
The Buyer indemnifies House of U against each claim of a third party vis-à-vis House of U for compensation of damages, which this third party suffers or claims to suffer (partly) as a result of the use or application of Products delivered to the Buyer by or on behalf of House of U. The Buyer, however, is not required to indemnify, if and insofar it demonstrates that House of U would be liable for the damage vis-à-vis the Buyer, if the Buyer itself were to hold House of U liable for the compensation of the damage.
17. FORCE MAJEURE:
Force majeure shall be understood to include all circumstances impeding the fulfilment, whether in a timely fashion or not, of the agreement and which cannot be ascribed to the party invoking force majeure. This includes strikes at House of U, lack of raw materials necessary for the production of the Products, non-foreseeable stagnation at suppliers or other third parties on which House of U is dependent, transportation problems in transportation of the Products by or on behalf of House of U and problems in the electronic sending or receipt of messages and data, et cetera. In the event of force majeure the delivery and other obligations of both parties are suspended and, if this period of force majeure lasts longer than two months, House of U is entitled to dissolve the agreement in whole or in part, without
further liability.
18. RETENTION OF TITLE:
The ownership of the Products only transfers to the Buyer when the Buyer has fully fulfilled all its obligations from all agreements concluded with House of U for the delivery of Products. As long as the ownership of the Products has not been transferred to the Buyer, the Buyer is not entitled in any way to alienate, encumber, pledge, or otherwise allow the Products to come under the power of third parties.
19. FINAL PROVISION:
The applicability of general or extraordinary terms and conditions of the Buyer is explicitly excluded. Amendment of these delivery
conditions of House of U is only valid if made in writing and signed by an authorised person on House of U behalf, and in that case is only applicable for that specific transaction.
20. APPLICABLE LAW AND SETTLEMENT OF DISPUTES:
Dutch law is exclusively applicable to all offers made and/or agreements concluded by House of U, and all disputes arising from same. The applicability of the Vienna Convention on the Sale of Goods of 11 April 1980 (CISG) (Bulletin of Treaties 1981, number 184 and 1986 number 61) is excluded. All disputes arising as a result of the offers made and/or agreements concluded by House of U shall be arbitrated according to the rules of the Netherlands Arbitration Institute in Rotterdam, the Netherlands. The place of arbitration is Rotterdam, the Netherlands. House of U is further authorised to institute court proceedings against the Buyer in the country of the Buyer’s establishment or place of business, or in the place where the Products are located.
House of U Trade Registry Oost Brabant, The Netherlands, no. 71100806. The General Delivery Conditions for Products of House of U apply to all offers and all agreements to be made and/or services to be rendered by House of U. Said general delivery conditions have been deposited under number 67/2003 with the court registry of the 's -Hertogenbosch District Court, The Netherlands. Upon your first request, you will be sent a copy, free of charge. These general delivery conditions each include a restriction of our liability. Any other terms and conditions are hereby explicitly excluded. VAT number: NL858579145B01.