General sales & delivery conditions
1. All agreements concluded by Imageselect, located at 107 Lange Kerkdam, 2242 BT in Wassenaar, are subject to the conditions mentioned below. Deviational and supplementary conditions are only valid if these are accepted by Imageselect in writing.
2. Prior to payment, the material provided by Imageselect may only be employed for personal use or for the purpose of clarification in the design phase. All the material remains the property of Imageselect and may not be copied or made available to third parties without written permission. All the material must be immediately returned at the request of Imageselect.
3. The purchase agreement comes into existence through the placing of an order. This order can be placed in writing or telephonically. If, during the period between the order confirmation and the delivery of the goods, the cost price or any of the components thereof upon which Imageselect based its selling price, are increased or decreased, Imageselect has the right to charge the purchaser that price increase or decrease.
After the invoice is paid, the material may be used in accordance with the licensing agreement of the relevant company who is in possession of the property rights.
4. All payments should be made within 15 days of the invoice date into a bank or post office account designated by Imageselect. Imageselect retains the right to demand a guarantee from the purchaser for the fulfilment of his obligations. So long as the purchaser has not fulfilled his obligations, Imageselect has the right to postpone fulfilment of its obligations until complete payment for goods sold and delivered by Imageselect has taken place, and the goods remain the inalienable property of Imageselect, so that these may not be sold, mortgaged or given to third parties in ownership or for use under any title whatsoever.
If any invoice is not paid on the expiry date, then all amounts pertaining to any other invoice are immediately claimable. Imageselect will be able to demand all legal and extra-legal costs from the purchaser that are incurred due to the non-payment or late payment by the purchaser, extra-legal costs are payable by the purchaser.
5. Imageselect will not be held responsible for possible errors or the quality of the images. This is furthermore also applicable to prices or specifications stated. Should problems arise, then contact should be made with the relevant company that owns the property rights of the material. In no way detracting from those stipulations recorded elsewhere in these general sales and delivery conditions, Imageselect cannot be held liable for direct and indirect damages suffered by either the purchaser or any third party user as a result of a short-coming in the delivery of images to the purchaser that is not attributable to intent or gross negligence by Imageselect. The liability is at any rate limited to the amount of the invoice. All the material is used under the responsibility of the purchaser; and possible damages resulting from this are entirely accountable to him. The purchaser safeguards Imageselect from claims by third parties on account of damage incurred in connection to delivery.
6. All stated prices are excluding VAT and shipping. The costs and risks of shipping are to be borne by the purchaser. Imageselect cannot be held liable for the consequences of the delivery period being exceeded. The exceeding of a delivery period cannot give rise to the dissolution of the agreement or to any damage claims.
7. All disputes, including those that are only regarded as such by one party, which may arise on occasion of agreements to which these general sales and delivery conditions are directly or indirectly applicable, are, subject to the competency of parties to elicit rulings in summary proceedings, to be adjudicated by the competent judge in the district where Imageselect is located. If the purchaser considers a dispute to exist and intends it to be sub judice, then he must inform the supplier of this in writing.
8. Dutch law is applicable to all agreements to which these general sales and delivery conditions are applicable.
On request, we will send you a copy of these conditions free of charge.