Article 1 Definitions
In these General Terms and Conditions the following definitions are being used, singular as well as plural:
- General Terms and Conditions: these general terms and conditions, irrespective of the form in which these general terms and conditions are presented to the Client.
- CHP: the private foundation with limited liability Chi Ha Paura...?, having its registered offices in Amsterdam, the Netherlands, Keizersgracht 518.
- Client: the party, acting in the course of a business or profession, to whom the offer of CHP is submitted, or with whom CHP has entered into an agreement or on behalf of whom the juristic act based upon which the Products or Services will be delivered or will be executed.
- Products: all movable assets which are subject to any offer, proposal, agreement or any other contract or juristic act between CHP and the Client.
- Services: all activities which are subject to any offer, proposal, agreement or any other contract or juristic act between CHP and the Client.
Article 2 Applicability
- The General Conditions shall cover and form part of all offers, proposals, agreements, and other juristic acts, either made orally, in writing, electronic or in any other form, concerning the delivery by CHP of Products and/or Services to or on behalf of the Client.
- The General Conditions also apply to Products and/or Services partly or wholly obtained by CHP from a third party and which are, either processed or not, delivered to the Client, as well as to Products and/or Services required for the execution of the offer, proposal, agreement or any other juristic act delivered to the Client on instruction of CHP.
- Deviations from the General Conditions shall only apply if and to the extent that they have been explicitly agreed upon in writing by CHP and the Client.
- CHP explicitly rejects any applicability of any general (purchase) conditions used by the Client.
- If and to the extent that any provision contained in these General Conditions should prove not valid for whatever reason, the other provisions of these General Conditions shall remain in full force and effect. CHP and the Client shall negotiate a new provision that shall approximate the contents and the scope of the original provision as closely as possible.
Article 3 Offer and agreement
- All offers by CHP shall be without any obligation unless explicitly otherwise stated in writing.
- All offers are valid for the period as mentioned in the offer concerned. If no period is mentioned, the offer will be valid for 14 (fourteen) days after the day on which the offer was submitted.
- An agreement shall have been concluded as soon as CHP accepts the Client?s order by e-mail or written confirmation, or on the moment CHP starts executing the Client?s order.
- CHP is authorized to refuse an order without being obliged to state a reason or to accept an order under certain conditions. One of these conditions may be that the order has to be confirmed by registered letter by the Client before the acceptance of this order by CHP, or that the delivery will be executed cash on delivery (c.o.d.) or after pre-payment only.
- Every order that is accepted by CHP is accepted under the condition that there is a sufficient supply to enable the delivery by CHP.
Article 4 Damages and claims
- Claims, as to which the contract partner proves that they already existed at the time of delivery shall only be considered by CHP if CHP was notified of the defects immediately upon their discovery and said defects were confirmed in writing to CHP within 48.hours thereafter, after which CHP shall be deemed to have fulfilled all of its obligations.
- CHP?s obligations in this regard shall not exceed the amount for which the delivery of services and goods which are claimed was contracted according to our books.
- Claims shall not give rise to any right to withhold invoice amounts.
- Disputes concerning the enforcement of the agreement between the parties and these General Terms&Conditions applicable to same shall be exclusively brought before the competent judicial body
in Amsterdam, notwithstanding the statutory provisions concerning the powers of the cantonal court.