These Terms and Conditions apply to the use of the Beurswand.nl website and the cooperation with Beurswand.nl, a trade name of Exposure Systems Nederland BV, KVK 66237645, located at Industrieweg 10, 6673 DE, Andelst, The Netherlands.
- In these General Terms and Conditions, “client” and “tenant” mean the natural or legal person with whom Beurswand has entered into an agreement.
- Offer: Form inviting cooperation. If the contractor agrees to the offer then this is considered making an offer. If the client does not agree because they still want to change the order, a new quotation will be made.
- Offer: When client agrees to the offer and terms and conditions this is considered as making an offer.
- Order Confirmation: Form by which Beurswand accepts the client’s offer and the contract is concluded.
- Delivery note: Form to be signed at the time of delivery.
- Packing slip: Form noting the complete contents of the shipment.
- These general terms and conditions apply to all offers, quotations, agreements and legal relationships with Beurswand.
- When the client refers to its general terms and conditions, the client’s terms and conditions do not apply. Unless the client’s terms and conditions do not conflict with these general terms and conditions. A clause to the contrary in the buyer’s terms and conditions does not alter this.
- Deviations from the provisions of these general terms and conditions are only possible when expressly agreed in writing between the parties.
- Quotes provided by Beurswand should be regarded as an invitation to make an offer.
- An offer provided by Beurswand has a validity period of six weeks.
- The order provided by the client to Beurswand shall be considered an offer, which can only be considered accepted after written confirmation in the order confirmation by Beurswand.
4. Formation of agreement
- Agreements with Beurswand are established at the time the order confirmation is sent.
- If the client has placed an order with Beurswand, this offer can only be changed or cancelled if no order confirmation has yet been sent by Beurswand.
- Beurswand is not responsible for verifying the client’s authority to sign.
- Additional agreements or undertakings shall be valid only upon confirmation by director of Beurswand authorized to represent.
- All offered and agreed prices are exclusive of VAT, packaging and shipping costs and/or other taxes, charges or duties imposed on the goods as such, unless explicitly stated otherwise in the offer or quotation or order confirmation.
- No rights can be granted by the client to prices and/or typographical errors incorrectly stated by Beurswand. Erroneously stated prices and/or typographical errors by Beurswand give Beurswand the right to rescind all or part of the contract. In such a case, Beurswand is also entitled to unilaterally amend the contract. The client acquires the right to invoke termination of the contract within 5 days of Beurswand’s notification of the change. The performance of Beurswand will be suspended until the request for rescission or commitment of the change by the client.
6. Billing and Payment
- With a delivery period shorter than 14 days, the client is obliged to pay the entire invoice within 48 hours.
- If a delivery period is longer than 14 days, the client is obliged to pay a down payment, being fifty percent of the amount stated on the invoice, within 48 hours after sending the order confirmation. The remaining amount must be paid before delivery takes place.
- If payments are not made as stated in the above provisions, the production, delivery and other obligations of by Beurswand will be suspended. This does not negate the client’s obligation to fulfill the contract.
- The client, without any summons or notice of default being required, shall be in default by the mere expiry of the payment period.
- If the term of payment is exceeded, the client shall owe default interest of 1% per month from the date of default, with part of a month being counted as a whole month.
- If the principal does not meet his payment obligations in a timely manner, he will owe the extrajudicial collection costs to Beurswand.nl.
- Payments made by the client shall always serve to repay all costs and interest due and subsequently due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
7. Transportation, delivery and delivery terms.
- The date of delivery shall mean the day on which the goods are received by the principal or a third party in their place by means of the signing of the delivery note.
- Delivery times specified by fair wall do not apply as deadlines unless expressly agreed upon.
- In the event of non/delivery on time, the client is obliged to notify Beurswand within a reasonable period of time.
- If it is agreed that the principal will collect the goods or have them collected from Beurswand, the principal is obliged, after being notified that the goods are ready for collection, to collect the goods within two days at the location designated by Beurswand.
- If it is agreed that Beurswand will take care of transport of the goods, they will, if the place of delivery is not explicitly determined, be delivered by Beurswand to, or sent for delivery to, the address of the principal known to Beurswand.
- If the goods are transported by Burswand or a third party engaged by Burswand, the moment the delivery note is signed, is the moment the goods come at the expense and risk of the principal.
- If the goods are picked up by the Client or a third party engaged by the Client at a location designated by Beurswand, the moment the delivery note is signed will be the moment at which the goods are at the expense and risk of the Client.
9. Complaints by buyer/tenant
- Principal is obliged to check at or immediately after delivery whether the delivered goods comply with the agreement.
- Client may complain about the delivered quantity and correctness of the goods within 48 hours, if this is not done, the quantities stated on the waybills, delivery notes or similar documents are recognized as correct.
- If Beurswand is not notified of defects in a timely manner or does not cooperate in an investigation of the merits of complaints, any right of claim of the principal for defects in delivered goods will lapse.
- If the delivered goods do not comply with the contract, Beurswand will be under an obligation of effort to remedy the default within a reasonable and fair period.
- The following are expressly excluded from any guarantee on items delivered by Beurswand: normal wear and tear (including gradual discoloration, chalking and gloss reduction) and damage caused by the client after delivery.
- The items sold and delivered by Beurswand to which a manufacturer’s warranty is granted are exclusively subject to the relevant manufacturer’s warranty terms and conditions.
- Other items sold and delivered by Beurswand are subject to the following warranty conditions:
Exhibition Wall offers a twelve-month warranty on newly delivered items from the date of delivery.
b. The warranty only extends to replacing, repairing or restoring free of charge or refunding the price charged -at Beurswand’s discretion- the defective item or part, insofar as the defect is due to faulty materials or construction.
c. No guarantee claim can be made if the goods delivered by Beurswand are not assembled or installed by the principal or a third party in accordance with the manual or instructions of Beurswand or otherwise incorrectly or inexpertly, or if
d. The warranty claim is void if:
1. the client fails to notify Beurswand within 48 hours of the discovery of the defect and gives Beurswand a reasonable time and opportunity to discover and remedy the defect;
2. the client fails to comply with a request by Beurswand to send the defective item or part postage paid to Beurswand;
3. the principal or third parties -without the prior knowledge and consent of Beurswand- have performed work on the item delivered or processed by Beurswand, in respect of which the warranty claim is made;
4. the defect is the result of improper use, inadequate maintenance, wear or damage;
5. the item has not been or is not being used in accordance with its purpose;
6. the defect is the result of – the application of any government regulation concerning the nature or quality of the materials applied – materials or goods used in consultation with the client – materials, goods, working methods and constructions, insofar as applied on the client’s instructions, as well as materials and goods supplied by or on behalf of the client.
- Beurswand will never be liable for consequential or trading loss, direct or indirect damage suffered by the Client, its employees and third parties employed by it.
- Beurswand is not liable for unsound construction if the client takes care of the construction and erection of the delivered items.
- Beurswand is not liable for incorrect specifications of image material (also called “prints”) and incorrectness of image. It is not responsible for checking for correctness of specifications and image.
- Beurswand is not liable for texts (in terms of content or language) and visual material provided by the client or a third party engaged by the client, nor for the soundness of the digital files/data carriers used. Client must ensure that any necessary permits have been granted and that all other legal or other requirements have been met in this regard.
- Beurswand is entitled to have work done (partly) by third parties on assignment.
12. Ownership and security
- Goods delivered by Beurswand will remain its property until the moment of full payment of all that the principal owes Beurswand on account of, in connection with or arising from the goods delivered by Beurswand.
- Beurswand is entitled to take possession of the items belonging to its property if it can be reasonably assumed that the client will not meet his obligations.
- Beurswand is entitled to require from the client advance payment or sufficient security or supplement to security provided, and to suspend deliveries until the client has provided sufficient security for payment. The Contractor shall not be liable for damages to be suffered by the Client due to such delay.
- All goods, documents, securities and monies which Beurswand has or will have in its possession will serve as pawn for all that Beurswand has or will have to claim from the principal. This lien will be deemed to have been established each time when Beurswand or a third party on its behalf takes possession of those items, documents, securities and monies respectively at the time when the claims arise.
- The maximum rental period is 3 weeks from the time of delivery.
- Packaging materials (crates and pallets) remain the property of Beurswand.
- The Leased Premises shall be used only in a manner intended by Beurswand. If damage occurs to the leased item due to improper use of the leased item, Beurswand will charge a damage amount of in the amount of the new value of the damaged item to the tenant.
- Tenant is obliged, in case of theft, to immediately report this to Beurswand. All damages, missing parts and costs are at the expense and risk of the renter and the rental price remains payable by the renter for the agreed rental period.
- The renter is obliged to return the rented object or have it taken back by Beurswand on the day the rental period ends, indicating damage and missing parts. The rented item must be returned packaged in the same manner in which it was delivered.
- If any part of the rented property or packing material is missing or damaged when the rented property is taken back, the renter will be charged.
- Within 48 hours of returning the rented item, it will be checked for damage and/or missing parts, if desired in the presence of the renter. A tenant’s signature is required on the inspection report to confirm the inspection report. Failure to sign creates a reversal of burden of proof.
- If the rented property is returned late, Landlord will be charged 5 percent of the total rent for each day of delay.
- When recovering damage to the rented property, a cost breakdown will be sent to tenant. If there is no response, recognition cost specifications will be assumed.
14. Industrial and intellectual property rights
- In the context of an order, Beurswand is not obliged to investigate and is not liable for damage caused by infringement of copyright or design rights, patents, licenses and/or other intellectual property rights of third parties as a result of the use of data provided by or on behalf of the principal, such as drawings, models, designs, etc. The principal will indemnify Beurswand against claims by third parties based on (alleged) infringement of these rights.
- Beurswand is at all times entitled to use the work it has produced for the Client in connection with an assignment for its own publicity or promotion, unless compelling interests known to Beurswand prevent this.
- All items manufactured by Beurswand within the framework of the execution of the order, such as moulds, forms, semi-finished products, means of production, auxiliary tools, etc., or manufactured wholly or partly according to Beurswand’s instructions, for which the client has paid the agreed costs, will remain the property of Beurswand, even if they are mentioned as a separate item on the quotation, in the offer or on the invoice. Beurswand is not obliged to hand over or store these items to the client.
- The manufacturing costs paid by the client are to be considered integral to the total costs involved in the assignment.
15. Force Majeure
- Force majeure on the part of Beurswand will be deemed to exist if Beurswand is prevented from fulfilling its obligations under the agreement or its preparation as a result of war, threat of war, civil war, riots, terrorism, acts of war, fire, water damage, floods, epidemics, strikes, sit-down strikes, lockouts, seizure, import and export restrictions, government measures, defects in machinery, disruptions in the supply of energy, lack of materials, raw and auxiliary materials, defects in means of transport and transport impediments, all this both in the company of Beurswand and of its suppliers and those charged with storage or transport and furthermore due to all other causes beyond the fault or risk of Beurswand.
- An agreed delivery period or period for the execution of work or services will be extended by the period during which Beurswand is prevented by force majeure from fulfilling its obligations.
16. Applicable law
- The offers made by Beurswand and agreements entered into by the Client are governed exclusively by Dutch law.
17. Dispute Resolution
- All disputes arising from agreements entered into by Beurswand will be adjudicated by the competent court in the Netherlands.