On all Stenzo Prints there is copyright , we will always start a legal procedure when copied
General delivery and payment conditions of Stenzo Textiles bv
Article 1 – General
1.1 These General Terms and Conditions apply to all offers and to all
agreements to be concluded and the ensuing benefits and deliveries
of or by Stenzo Textiles bv.
1.2 By entering into the agreement, Stenzo Textiles bv closes the applicability
out of any General Terms and Conditions of the other party, unless explicitly stated otherwise agreed in writing.
Article 2 - Offers and Orders
2.1 All offers and quotations of Stenzo Textiles bv are without obligation and must be considered as an invitation to make an offer, unless expressly agreed otherwise in writing.
2.2 Stenzo Textiles bv is only bound by written agreements, which
signed by both parties, or to a written order confirmation
from Stenzo Textiles to the other party.
2.3 If an agreement is concluded by means of an order confirmation,
this order confirmation determines the content of the agreement.
2.4 If for designs of Stenzo Textiles bv designs, images,
drawings, sketches, calculations and / or further explanation or clarification
have been provided, Stenzo Textiles bv remains the exclusive right holder at all times on the provided data. The items mentioned are protected according to the copyright law and may not be handled by third parties posed or otherwise alienated or encumbered.
Article 3 – Prices
3.1 All prices used by Stenzo Textiles bv are exclusive of turnover tax and
any other government levies. If after closing the agreement on cost factors such as import duties and others from the government imposed charges that would be changed when entering into the agreement for Stenzo Textiles bv were not foreseeable, Stenzo has the right to pass on this increase pro rata.
3.2 All deliveries for an amount greater than € 750 excluding VAT will be
Article 4 – Delivery
4.1 When entering into the agreement, Stenzo Textiles bv will provide two delivery dates.
The first date is only an indication. Exceeding the first delivery date
due to technical breakdowns, delayed supply of raw materials
and / or auxiliary materials from manufacturer or importer or other third parties, will not entitled to claim damages or dissolution of the agreement
unless there is intent or gross negligence of Stenzo Textiles bv.
4.2 The second delivery date is however binding for Stenzo Textiles bv if Stenzo
Textiles bv is unable to deliver on the second date (the so-called fix date)
the other party has the right to dissolve the agreement after the second date
and not accept any deliveries.
Article 5 - Retention of title
5.1 The ownership of all goods delivered and / or sold by Stenzo Textiles bv,
remains with Stenzo Textiles bv, as long as the other party is the claim of Stenzo Textiles eg under this or any other related agreement
not or not fully satisfied, including the failure of the client in respect of paying fines, interest and costs, including insurances extrajudicial collection costs, storage costs e.d.
Article 6 – Advertising
6.1 Any claims must be notified in writing to Stenzo Textiles bv.
Claims relating to visible defects must be submitted as soon as possible, but and in any case within 5 working days after receipt of goods or delivery to Stenzo Textiles bv to be communicated with precise description of the
defects. Invisible defects must be reported within 5 working days
after discovery of the defect or within 5 working days after the moment it
lack reasonably should have been discovered.
6.2 Any right of claim will lapse if Stenzo Textiles bv is not within 14 days
notification is given the opportunity to investigate the complaints on merit
or to do research.
6.3 Claims relating to a received invoice must be made within 14 days
invoice date in writing to Stenzo Textiles bv are made known
6.4 Any right of claim expires after the expiry of 1 year after delivery.
6.5 Return shipments due to claims can only be expressly accepted
prior written permission from Stenzo Textiles bv.
Article 7 – Payment
7.1 Unless otherwise agreed in writing, payment must be made
within 30 days after invoice date, failing which the other party will be without
further notice of default.
7.2 Any claims shall not release the other party from the payment of the stipulated in paragraph 1 term.
7.3 All costs, both judicial and extrajudicial, including those which
relating to the collection of the invoices the other party. The extrajudicial collection costs are in any case 15% of the amount due, with a minimum of € 500. When exceeded of a payment term as mentioned in art. 7.1 serves the client in addition, to pay default interest which is 2% above the legal interest ex
art. 6.119 of the Dutch Civil Code.
7.4 Extrajudicial collection costs are in any case due as soon as Stenzo
Textiles bv has issued an authorized order for the cashing of it
amount claimed, irrespective of the nature and size of the collection
7.5 Stenzo Textiles bv is entitled to the agreement in the absence of timely payment to dissolve and claim compensation, with all other claims of Stenzo Textiles bv will immediately become due and payable to the client.
Article 8 – Liability
8.1 Stenzo Textiles bv is not liable for any direct or indirect damage
to or caused by the goods delivered to whom or whatever, in so far as
not due to intent or gross negligence of Stenzo Textiles bv or its supervisor
8.2 Stenzo Textiles bv is not liable for damage as a result of non (timely)
delivery of goods if this is a consequence of circumstances such that
of Stenzo Textiles bv fulfillment can not reasonably be expected.
8.3 Stenzo Textiles bv only accepts liability for the other party
suffered damage as a result of an attributable shortcoming and unlawful
deed. Insofar as this liability is covered by its insurance.
The total amount to be reimbursed by Stenzo Textiles bv with respect to an agreement however, damage shall not exceed the amount of the amount due by the the insurer's payment or invoice value of the goods it has delivered.
8.4 If one or more items delivered by Stenzo Textiles bv are defective,
the liability never goes beyond that for which Stenzo Textiles
eg the supplier of these items can be held liable.
Article 9 - Force majeure
9.1 Force majeure means every unforeseeable circumstance
consequence of which the execution of the contract is delayed or
prevented, as far as this circumstance is not avoided by Stenzo Textiles bv
and they can not be under the law, the agreement or social view for his account.
9.2 Force majeure also means illness or cessation of personnel and delays
that have arisen because materials and / or things do not arrive on time to Stenzo Textiles bv are delivered and insofar as these delays are not due to
circumstances that Stenzo Textiles bv could have prevented or should have
9.3 If there is force majeure in a given situation, Stenzo Textiles bv
relieved of his obligations. Stenzo Textiles bv, however, reserves the right
reimbursement of goods already delivered, insofar as these have been delivered before the other party benefits from the deliveries already made.
Article 10 - Right of retention
Stenzo Textiles bv is entitled to keep items of the other party under it until
payment of all that Stenzo Textiles bv from the other party of the fulfillment of
his obligations have provided sufficient security.
Article 11 – Disputes
11.1 On all agreements concluded by Stenzo Textiles bv it is Dutch Law
11.2 Any disputes arising from an agreement between Stenzo
Textiles bv and the other party will be submitted to the competent court
the district in Utrecht, even if the buyer is established abroad.
Nonetheless, Stenzo Textiles bv is authorized to have the dispute assessed
by the judge according to the normal competency rules of the
Dutch civil procedural law and / or international treaties is competent
to take note of the dispute.
No complaints will be accepted on cut goods.
Affiliated with Atradius Managing Risk.