Terms and Conditions
The general terms and conditions of Marks Koi Feed
Article 1: Applicability
1.1 These general terms and conditions apply to all agreements, quotations, offers and to all performances and expressions of any nature whatsoever of the private company with limited liability Marks Koi Feed, with its registered office in Broek in Waterland (Waterland) and office in (1151 EJ ) Broek in Waterland at Wagengouw 76, registered in the trade register under Chamber of Commerce number 77232364.
1.2 These general terms and conditions can be viewed by the other party by appointment at the business address of Marks Koi Feed mentioned in the previous paragraph, will be published on the website (www.markskoivoer.nl) of Marks Koi Feed and can be downloaded from there, and will be updated on request. sent to the other party free of charge.
1.3 The applicability of general terms and conditions other than these general terms and conditions is expressly rejected. If (yet) other general terms and conditions apply, this will not affect the applicability of these general terms and conditions as much as possible.
1.4 Deviations from these general terms and conditions can only be made in writing.
1.5 Marks Koi Feed is authorized to change the general terms and conditions used by it. The general terms and conditions used by Marks Koi Feed as they applied before the change will continue to apply to any agreement unless Marks Koi Feed proposes during the term of an agreement that the changed general terms and conditions apply. If the other party accepts the proposal as referred to in the previous sentence within eight days of receipt or does not indicate in writing within eight days of receipt that it does not accept the proposal, the amended general terms and conditions will apply instead of the previously applicable general terms and conditions. However, if the other party indicates in writing within eight days of receipt that it does not accept the proposal, the general terms and conditions will remain in force as they applied before the change, unless reasonableness and fairness dictate otherwise.
1.6 If any provision in these general terms and conditions cannot stand up in court in a specific case, it will be converted by operation of law for that case into such a provision that, with the removal of the objections that led to invalidity, achieves the intended purpose of the invalid provision. objective is achieved as far as possible. Should any provision in these general terms and conditions be wholly or partially deleted, all other provisions in these general terms and conditions will remain in full force.
Article 2: Offers, quotations and agreements
2.1 All offers and quotations from Marks Koi Feed are without obligation and are not binding on Marks Koi Feed, unless expressly stated otherwise in writing.
2.2 All offers and quotations from Marks Koi Feed are valid for two weeks, unless stated otherwise.
2.3 Marks Koi Feed has the right to revise or revoke an offer or quotation issued.
2.4 An agreement is concluded at the moment that Marks Koi Feed has confirmed the acceptance by the other party of an offer or quotation from Marks Koi Feed to the other party in writing. An agreement can also be concluded by the signing of a written contract by Marks Koi Feed and the other party.
2.1 All offers and quotations from Marks Koi Feed are without obligation and are not binding on Marks Koi Feed, unless expressly stated otherwise in writing.
2.2 All offers and quotations from Marks Koi Feed are valid for two weeks, unless stated otherwise.
2.3 Marks Koi Feed has the right to revise or revoke an offer or quotation issued.
2.4 An agreement is concluded at the moment that Marks Koi Feed has confirmed the acceptance by the other party of an offer or quotation from Marks Koi Feed to the other party in writing. An agreement can also be concluded by the signing of a written contract by Marks Koi Feed and the other party.
2.5 Marks Koi Feed is never bound by a late, incomplete or conditional acceptance by the other party of an offer or quotation, unless Marks Koi Feed expressly confirms its obligation in writing.
2.6 Documentation material sent with an offer or quotation or otherwise made available to the other party, unless expressly stated otherwise in writing, is only informative in nature and does not bind Marks Koi Feed. No rights can be derived from it, even after an agreement has been concluded.
2.7 If Marks Koi Feed issues an offer or quotation, sends an order confirmation, or in any other context sends information or notifications to the other party, the other party is obliged to immediately check these carefully for correctness and completeness. If the other party believes that there is an inaccuracy or incompleteness, the other party is obliged to inform Marks Koi Feed immediately. The other party can never derive any rights from clerical errors, calculation errors and other apparent mistakes on the part of Marks Koi Feed, including but not limited to the information on its website.
2.8 The other party cannot transfer rights or obligations towards Marks Koi Feed to third parties without the prior, written, explicit approval of Marks Koi Feed.
Article 3: Prices, costs and payment
3.1 All mentioned or agreed prices and amounts are exclusive of sales tax and any other taxes and/or taxes, unless otherwise stated by Marks Koi Feed.
3.2 The price to be delivered or otherwise available to the other party does not include the costs of packaging, transport and delivery. Marks Koi Feed, can charge these costs to the other party.
3.3 Third parties to Marks Koi Feed, costs to be charged can be passed on to the other party.
3.4 If measures entail an increase by the government, the price or costs, taxes or levies that are for the account of the other party, Marks Koi Feed has the right to tax that increase to the other party.
3.5 Payment by the other party must be made within and on the agreed, or in the absence thereof within and on the period and manner stated on the invoice. Payment must always be made without suspension, discount or settlement.
3.6 The other party is deemed to be living/established on the billing address specified by the other party, unless the other party has indicated otherwise at the same time as specification of the billing address. The other party is obliged to pass on the billing address – and also the location address/home address if this deviates from the location address – and the contact details in writing to Marks Koi Feed, before an agreement is concluded. If and where applicable this includes: street name, house number, house number addiction, mailbox, place name, province, zip code, e-mail address and telephone number.
3.7 As long as the Other Party Marks Koi Feed, has not reported in writing that the billing address or location address/home address has been changed, the most recently specified billing address or location address/home address is still deemed to be correct, and the other party is still deemed to still (also ) to be located/living at the last location address/home address.
3.8 It is stated to investigate Marks Koi Feed, at all times free to investigate the creditworthiness of the other party. The question of whether the other party appears to be of sufficient creditworthiness is exclusively at the discretion of Marks Koi Feed, the other party allows Marks Koi Feed, – if necessary in advance – and authorizes – if necessary in advance – Marks Koi Feed, to the government and the government and to request information for this.
3.9 Marks Koi Feed, can always require (further) prepayment or security from the other party, within a period to be set by Marks Koi Feed and to the satisfaction of Marks Koi Feed.
Article 4: Implementation of the Agreement
4.1 It says Marks Koi Feed, free to determine which person or entity will actually perform any agreement or commitment or will perform any other performance.
4.2 specified or agreed times, data and/or deadlines for the performance of any performance by Marks Koi Feed, are approximate and are not binding on Marks Koi Feed, the other party cannot assert any rights with regard to exceeding it.
4.3 The Other Party is obliged to enable Marks Koi Feed, to perform the obligations resting on Marks Koi Feed. The Other Party is obliged to provide Marks Koi Feed, on its own initiative, to provide all the information required for this. If Marks Koi Feed, some performance at a location belonging to the other party, the other party is obliged to make all resources available to Marks Koi Feed, free of charge at that location that are necessary for performing that performance.
4.4 The delivery or otherwise making goods available, carrying out work by Marks Koi Feed, to the other party takes place on the place that has been agreed between Marks Koi Feed, and the other party. The other party is obliged to pass on the address and contact details of the location he desired as accurately and fully as possible in writing to Marks Koi Feed before an agreement is concluded. If and where applicable this includes: street name, house number, house number addiction, mailbox, place name, province, zip code, e-mail address and telephone number. In the absence of a zip code, a nearby zip code must be passed on. An agreed place can then only be changed with prior written, explicit permission from Marks Koi Feed.
4.5 Marks Koi Feed, is authorized to make deliveries in parts.
4.6 In the event of goods to be delivered to the other party or otherwise available by Marks Koi Feed, the risk for the goods will be completely transferred to the other party at the time of the actual delivery. The Other Party is aware that if Marks delivers or other aquatic animals or other aquatic animals, living or otherwise makes it available, the risk of – whether or not – death or illness of the supplied / treated fish or other aquatic animals and / or / or / or Other fish or other aquatic animals present at the other party. These risks have been explicitly accepted by the other party.
4.7 When Marks Koi Feed, for packaging and transport charge signs, packists, containers, etc. has made it available or made it available by a third party, the other party is mandatory, unless it concerns one -off package, the charging boards, packists, containers and so on their own to return costs and risk immediately to the address specified by Marks Koi Feed.
4.8 In the event of goods to be delivered to the other party or otherwise available by Marks Koi Feed, the other party is unable or willing to receive the goods, Marks Koi Feed is entitled to the goods for the account and risk of to save the other party and/or to sell and deliver it to third parties. All related costs and damage, including but not exclusively including storage costs, administration costs, transport costs and any lesser revenue, will be borne by the other party.
4.9 Marks Koi Feed, does not guarantee that goods to be delivered or otherwise available to the other party are suitable for the purpose for which the other party wants to designate it, even if this goal has been made known to Marks Koi Feed.
Article 5: Funds by the other party, suspension and dissolution
5.1 If the other party is in any way inadequate in the fulfillment of any obligation to him against Marks Koi Feed, the other party will therefore fall into default without any reminder or notice of default being required. Every shortcoming is suspected of being attributed to the other party. In the event of a payment obligation, the Other Party will be defined in default due to a few non-time and/or incomplete payment, regardless of the reason or cause and without any reminder or notice of default being required.
5.2 Marks Koi Feed has – without prejudice to the provisions of the Civil Code, but without any reminder, notice of default or other notice in advance – the right to suspend the implementation of its commitments and/or the agreement concluded with the other party in whole or in part extrajudicial to dissolve or have it dissolved judicial, without marks being liable for damages, in each of the following cases: to Marks Koi Feed, the creditworthiness of the other party has not been proven; depositing a proposal for a pure split or spin -off of the other party; death of the other party; applying or expressing the bankruptcy of the other party or the application of the Natural Persons debt Ranking Regulations with regard to the other party; applying or granting a suspension of payment with regard to the other party; The other party is placed under guardianship or a request or claim is submitted for this purpose; Under or at the expense of the Other Party, a conservatory or enforceable seizure is placed on any asset component of the other party; The Other Party loses wholly or partly the power of disruption about its assets or one or more parts thereof; A private agreement is offered by the other party; The company of the other party follows in liquidation; The Other Party is inadequate in the fulfillment of any obligation towards Marks Koi Feed; Marks Koi Feed, has good ground to fear that one or more situations as referred to in sub a to k will take place.
5.3 If one or more of the situations as referred to in the previous paragraph under a to k occur or if good grounds can be feared that one or more of those situations will take place, the other party is obliged to mark Marks Koi Feed, right away to bring up to date.
5.4 By dissolution, everything that Marks Koi Feed, still to be demanded from the Other Party has to be claimed immediately, and the other party is also liable for the damage of Marks Koi Feed.
Article 6: retention of title
6.1 If Marks Koi Feed, movable property supplies, this will take place under the condition suspended that the other party is fully complied with existing obligations at any time towards Marks Koi Feed. The retention of title herein only applies to claims concerning the consideration for the other party delivered or to be delivered by Marks Koi Feed, to the other party also carried out or to be delivered under such an agreement for the benefit of the other party, as well as to the other party, as well as with regard to the claims due to the failure in the fulfillment of such agreements. The retention of title also extends as much as possible to the aforementioned movable property made new matters.
6.2 As long as the ownership of delivered goods has not been transferred to the Other Party, the other party is forbidden to, in any way, mix or have the other party merge, and the other party is mandatory in any way, with regard to the goods mixing, and/or case formation To take all the serious measures to prevent these property law.
6.3 If one or more of the goods -law -law -law -laid outcomes referred to in paragraph 6.3 take place as long as the ownership of delivered goods has not been transferred to the other party, the Other Party is obliged to immediately inform Marks Koi Feed, immediately informed and in writing to Marks Koi Feed, to confirm.
6.4 If one or more of the goods -law -law -law -laid downs referred to in paragraph 6.3 will nevertheless take place as long as the property delivered has not been transferred to the other party, the other party is liable for all damage resulting thereof.
6.5 If one or more of the goods -law -legged any cases referred to in paragraph 6.3 take place as long as the ownership of delivered goods has not been transferred to the other party, Marks Koi Feed is authorized to, everything for the other party and at the discretion of Marks Koi Feed: a. to undo the property law (s) in question, whether or not to oblige the other party to take care of it; and/or b. with regard to the delivered goods and/or the new, changed or mixed goods, to establish one or more limited rights with the delivered goods, if and insofar as the retention of title does not extend to those goods; The other party Marks Koi Feed, indemnifies against all claims that any third parties were allowed to assert.
6.6 If, as long as the ownership of delivered goods has not been transferred to the other party, one or more of the situations as referred to in paragraph 5.2 paragraph a up to and including L. and/or the Agreement between Marks Koi Feed, and the Other Party becomes existing agreement Dissolute, Marks Koi Feed, has the right to reclaim and take the goods without delay and without any notice of default. In that context, Marks Koi Feed also has the right to take matters on his own initiative.
6.7 Marks Koi Feed, is authorized – and if necessary, the other party Marks Koi Feed, already for this now – is to do so – to exercise its rights as referred to in paragraphs 6.6. and 6.7, to enter the places where the matters referred to in those members are located.
6.8 As long as the ownership of delivered goods has not been transferred to the other party, it is forbidden to him to be transferred to any third party or in part, or have them objections to any third party, or have it objections, Limited rights to be established, or to have them rented or otherwise in any form of use (or have them given) to any third party. In addition to their commitment law (bond-based operation), these prohibitions also have as much property-law effect as possible (absolute third-party effect) (which therefore, as much as possible, leads to non-transferability and so on).
6.9 As long as the ownership of delivered goods has not been transferred to the other party, the other party is obliged to point out third parties who want to apply to the retention of title of Marks Koi Feed to Marks Koi Feed with regard to those items of rights, and then immediately to confirm.
Article 7: Force majeure
7.1 All of the will of Marks Koi Feed, independent circumstances, even if they were foreseeable, who deliver the fulfillment of an agreement, the enclosure of an offer or to perform any performance by Marks Koi Feed, permanently or temporarily, deliver for Marks Koi Feed , force majeure on, which relieves it during the period of force majeure from its obligations in this regard, without being or becoming liable for damages. In that period, Marks Koi Feed, also the right, without Marks Koi Feed becomes liable for damages, to suspend, change or withdraw a binding offer, whether or not binding, and to dissolve an agreement with the other party in whole or in part extrajudicial or to change or have it dissolved or changed judicial.
7.2 Under force majeure, among other things, it is not exclusively understood, everything regardless of whether this takes place at Marks Koi Feed, or with third parties involved by Marks Koi Feed, or with whom Marks Koi Feed, goods or services involve: war, civil war, terrorism, riot , molest, fire, water damage, flooding, work strike, company occupation, (workmen) exclusion, entry and/or input barriers, obstructing government measures, defects and/or malfunctions in machinery and/or technologies, malfunctions in the supply of energy and/or Water and/or internet, natural disasters, atomic core reactions, obstacle by third parties, transport problems, negligence of suppliers, illness, shortcomings of personnel or third parties engaged, and serious weather conditions.
Article 8: Liability
8.1 Marks Koi Feed, is not liable for the costs, harm and interest that could arise as a direct or indirect consequence of: force majeure on the part of Marks Koi Feed; an (obligatory) government act; deeds or negligence of the other party are subordinates, or other persons or entities that fall within the risk of the other party; the other party not or not properly comply with the obligations on him against Marks Koi Feed; Deviations, defects, deficiencies, errors and/or functional unsuitability in/of materials, goods or data from or present at the other party, are subordinates, or other persons or entities that fall within the risk of the other party; circumstances that fall within the risk of the other party under these general terms and conditions, on the basis of an agreement, under the law or otherwise.
8.2 The Other Party is liable for all price increases, delay in delivery and all other costs and damage resulting from one or more of the cases mentioned in the previous paragraph to f. The other party indemnifies Marks Koi Feed, against claims from third parties that result from one or more of those cases.
8.3 Marks Koi Feed, is never liable for consequential damage, violence or business damage suffered due to the other party and/or third parties, except in the case of intent or deliberate recklessness attributable to Marks Koi Feed.
8.4 If by Marks Koi Feed, third parties are called in, whereby Marks Koi Feed, the necessary care will exercise, Marks Koi Feed, is not liable for any failure by these third parties, except if there is intent or deliberate recklessness of auxiliary persons by Marks Koi Feed, in Her company is responsible for the management of the implementation of the relevant commitment.
8.5 Any liability of Marks Koi Feed, will in any case lapse if the other party performs such conduct or has it carried out that the merits of the claims of the other party to Marks Koi Feed can no longer be properly investigated.
8.6 All claims from the other party to Marks Koi Feed, if the other party will not be known within one year after it becomes known, at least it should be known, with the failure of Marks Koi Feed, proceedings to legal proceedings or written reminder, without prejudice to the possibility of previous decline Or of prescription in accordance with the law.
8.7 Any (joint) liability of Marks Koi Feed, and/or those for whom she was allowed to bear liability pursuant to the Act, for damage, regardless of what form and regardless of whatever reason, is attributed, except in case of to Marks Koi Feed, is attributed intent or deliberate recklessness, limited to the amount for which the applicable insurance, if it has been taken out, offers coverage in the case in question plus any deductible. In the event that the (liability) insurer, regardless of the reason for this, was not allowed to proceed, the (joint) liability is limited to an amount of € 25,000.00. In addition to the previous sentence, if the damage is related to goods and/or services provided by Marks Koi Feed, delivered or otherwise made available, the (joint) liability is also limited to the amount of the by Marks Koi Feed, Price for those goods and/or services.
Article 9: Allage by the Other Party
9.1 If Marks Koi Feed, performed a performance, the other party is obliged to immediately check the soundness of this. The other party can no longer appeal to any shortcomings of Marks Koi Feed, if the other party did not have to discover or reasonably discover the defects within a competent time after he has discovered the defects, at Marks Koi Feed, in writing and accurately registration of reason (s) has protested, regardless of whether Marks Koi Feed, has been damaged in its interests by a possible exceeding of this complaint period.
9.2 Complaints with regard to invoices from Marks Koi Feed, must be made in writing and accurately, on pain of decay of rights and accurately, within fourteen days after the invoice date.
9.3 Under penalty of decay of rights, the Other Party must enable Marks Koi Feed, to investigate submitted protests. The costs that the investigation into any shortcomings entails are entirely for the account of Marks Koi Feed, if the alleged shortcoming does not appear to exist or is not at the expense of Marks Koi Feed.
9.4 In the case of any disputes about the weight per piece or about the total weight of goods supplied by Marks Koi Feed, the measurements that were carried out with the Side Marks Koi Fur, are decisive.
9.5 Little deviations and differences that fall within one, according to the trade customs, reasonable tolerance (such as in respect of dimensions or weight), or those specific to nature goods, can never provide grounds for advertisements.
9.6 In the event of a well -founded complaint, the Other Party Marks Koi Feed, at all times, must offer the possibility to repair or re -perform the performance within a reasonable period of time, at the choice of Marks Koi Feed: to pay a replacement compensation, which is maximized in accordance with the provisions of paragraph 8.7.
9.7 The complain can never form a ground for suspension of the payment obligations and/or other obligations of the other party.
Article 10: Intellectual and industrial property rights and confidentiality
10.1 The other party recognizes and respects all rights of intellectual and/or industrial property of Marks Koifur, on or with regard to products, data, documentation material and services of Marks Koi Feed, and will in no way infringe this.
10.2 The other party will do all information regarding Marks Koi Feed, and/or the business activities of Marks Koi Feed, of which he gets knowledge and of which he knows the confidential and/or competitive character or can reasonably suspect, in no way reveal to third parties without prior, Written, explicit permission of Marks Koi Feed, except to the extent that disclosure is strictly necessary for the execution of, or to make rights out of rights, an agreement concluded with Marks Koi Feed, in which case the other party will nevertheless exercise great restraint.
10.3 Marks Koi Feed, is entitled to include the personal data/company data of the other party in a customer base. In addition, Marks Koi Feed, the legitimate privacy interests of the other party, will observe as much as possible.
Article 11: Disputes, interest, costs and fines
11.1 Each time the other party is in default with regard to a payment obligation, the other party is owed an interest of 1 % on the outstanding amount per month, without a notice, reminder or notice of default being required. A newly entered monthly month is always calculated as a whole month. Contrary to the foregoing, the other party owes the statutory commercial interest rate, calculated in the usual manner, on the outstanding amount if that may lead to a higher total interest amount.
11.2 Each time the other party is in default with regard to a payment obligation, the other party owes, in addition to the interest as referred to in the previous paragraph, to Marks Koi Feed, extrajudicial costs of 15 % of the outstanding principal sum, with a minimum of € 300.00.
11.3 If Marks Koi Feed, a legal proceedings, is unsuccessful, and the other party is unsuccessful, the other party is obliged to reimburse the full proceedings to Marks Koi Feed, including but not exclusively understood the full costs incurred by Marks Koi Feed, Right aid.
11.4 The interest referred to in paragraph 11.1, the extrajudicial costs referred to in paragraph 11.2 and the costs referred to in paragraph 11.3 can be requested by Marks Koi Feed in a legal proceedings in legal proceedings at any time
11.5 Of each dispute between Marks Koi Feed, and the other party, only the Dutch court is authorized to take cognizance, and in the first instance exclusively the competent court in the district in which Marks Koi Feed is established.
11.6 If the other party does not or do not or does not fully comply with one or more of the obligations, offered and/or prohibited in paragraphs 6.2, 6.3, 6.8, 6.9, 10.1 and 10.2, the other party forgates to Marks Koi Feed, a direct and without default Whether announcement in this regard is required for due and payable fine of € 22,500.00 suddenly per violation and € 450.00 per day that the violation in question continues, all other rights of Marks Koi Feed, including – but not exclusively – the right to pay compensation and the right to enforce compliance with the obligations, commandments and/or prohibitions.
Article 12: Applicable law and varia
12.1 These general terms and conditions, on all agreements, quotations, offers and to all performance and expressions of any kind of Marks Koi Feed, Dutch law applies exclusively.
12.2 The Vienna Sales Convention does not apply.
12.3 Where a requirement of written is set in these general terms and conditions, this also includes: by e-mail or by fax.
12.4 Where in these general terms and conditions there is talk of “goods” and “cases”, it also includes insofar as the law allows it: “Animals”.
12.5 The other party allows the Marks Koi Feed – if necessary in advance – and authorizes – if necessary in advance – Marks Koi Feed, to request information from the government and other third parties regarding the billing address/home address of the other party and about the agreed or corresponding place where Marks Koi Feed will perform any performance
