made for arcade
GENERAL CONDITIONS
These general terms and conditions have been drawn up in Dutch and Dutch law is declared applicable. An automatic machine translation of these terms and conditions is available in your language upon request. To do this, send an e-mail to: madeforarcade@gmail.com
These general terms and conditions are drawn up in Dutch whereby Dutch law is declared applicable. An automatic machine translation of these terms and conditions is available in your language on request. Please send an e-mail to : madeforarcade@gmail.com for an up-to-date translation or download a dated version from : https://madeforarcade.com/AV-translated
These general terms and conditions are drawn up in Dutch, subject to Dutch law being applicable. An automatic machine translation of these Terms is available in your language upon request. Please send an email to: madeforarcade@gmail.com or download from: https://madeforarcade.com/AV-translated
These general conditions are drawn up in Dutch and Dutch law is declared applicable. An automatic translation of these terms and conditions is available in your language upon request. Please email: madeforarcade@gmail.com
DEFINITIONS
1 Supplier: supplier is understood to mean international laser trading bv / madeforarcade and any subsidiary as referred to in article 2:24a of the Dutch Civil Code or participation as referred to in article 2:24c of the Dutch Civil Code with which international laser trading bv / madeforarcade. constitutes a group as referred to in Article 2:24b of the Dutch Civil Code.
2 Buyer: any (legal) person who has entered into or wishes to enter into an agreement with the Supplier, his or her possible representative, authorized representative, legal successor or assignee and heirs.
3 Other party: see definition of Buyer.
4 Agreements: written agreement between authorized representatives of the Supplier and the Buyer. Verbal agreements with or commitments from one or more subordinates are not valid unless they have been confirmed in writing by the Supplier.
5 In writing: for the purposes of these conditions, communications by email – which expressly includes the electronically received version – are equated with written documents.
6 Product: the word Product or Products includes all Product or Products and services to be delivered or delivered.
7 Offer: the written offer from the Supplier to deliver a certain quantity of Products at a certain price;
8 Order: the order for delivery from the Buyer which has been accepted in writing by the Supplier;
9 Customized Products: Customized Products include in any case all Products, including the contents of these Products, on which the Buyer’s name, whether or not removable, is applied to the Product itself, the packaging, the table of contents or any other form.
APPLICABILITY
1 These conditions apply to all requests, offers and every agreement regarding the delivery of Products between the Supplier and a Buyer. Any general terms and conditions of the Buyer are hereby expressly rejected.
2 Deviations from these conditions are only legally valid if they have been expressly agreed in writing between the authorized representatives of the Buyer and the Supplier.
3 In the event of any conflict, specifically agreed obligations shall prevail over these terms and conditions.
4 The chapter division and titles in these conditions are not decisive for what is determined.
5. All products offered by the supplier are explicit not suitable or intended for commercial use. No liability can be derived from the commercial use of the products.
OFFER and REALIZATION
1 Offers from the Supplier are valid for 14 days, unless otherwise stated. The Supplier is only bound to the offer if its acceptance is confirmed in writing by the Buyer within the period of validity.
2 An agreement is concluded when the Supplier confirms the Buyer’s order in writing, or when the Supplier carries out the order.
3 A written indication given by the Buyer regarding the volume of purchase of Personalized Products is regarded by the Supplier as an irrevocable order.
4 If a model, sample or example has been shown or provided by the Supplier, this is presumed to have been shown or provided only by way of indication: the qualities of the Products to be delivered may deviate from the sample, model or example at the time of the quotation phase and also after the agreement has been concluded, unless expressly agreed otherwise.
5 Supplier accepts an order from a Buyer under the tacit condition that any information to be obtained shows sufficient creditworthiness of the Buyer. The Supplier is at all times entitled, before delivering or further delivering, to demand security from the Buyer for timely and complete compliance with its payment and other obligations. If the Buyer fails to do so, the Supplier is released from its obligation to deliver or further delivery, without the Buyer having any right to compensation and without prejudice to the Supplier’s right to compensation for damage and costs.
PRICES
1 Unless otherwise stated, the prices quoted by the Supplier are: Net cash; In EURO (€); Excluding VAT, any import duties and other taxes, levies and duties; Excluding costs of packaging, loading and unloading, transport, shipping, administration and insurance.
2 The Supplier is entitled to increase the agreed prices at any time if the cost-determining factors, including but not limited to changes in underlying exchange rates, purchase quantities, prices of raw materials, labor costs, product specifications or government measures, give reason to do so.
QUALITY & QUALITY OF PRODUCTS
1 The Supplier is not responsible or liable for damage or other consequences resulting from the use of the Products, including any failure to meet the applicable technical requirements or standards of the country where the Products are used, unless the Buyer and Supplier have expressly agreed upon concluding the agreement that the Products must meet certain requirements (applicable in the country in question), which must be recorded in the agreement.
2 The Buyer is fully responsible for the instructions given to the Supplier regarding layout, texts, labelling, packaging, configuration and other specifications of the Product and will fully indemnify the Supplier in this regard.
3 Unless the Buyer is also the end user of the Products, the Buyer guarantees to the Supplier that it has implemented an adequate quality management and tracking & tracing system in its business operations, with which the re-delivery of the Products can be precisely identified in order to facilitate product recalls, among other things. If the Buyer fails to do so, it will be liable to the Supplier without any limitation for all damage and costs resulting from the unavailability of such systems.
4 At the Supplier’s first request, the Buyer will provide full and unconditional cooperation and access to all information, company buildings, etc. if this is important for the implementation of corrective measures (including recall).
5 The Buyer has no right to terminate if it concerns changes in the Products to be delivered, layout, texts, labelling, packaging or associated documentation that are required to comply with applicable legal regulations or if it concerns minor changes to the Product. 6 No guarantees are given for demo machines, trade-in machines and showroom models. No history is known for these models and no rights can be derived from the quality, operation or lifespan of the machine(s) and accessories.
DELIVERY
1 The buyer is obliged to purchase the products at the time they are delivered to him or at the time they are made available to him in accordance with the agreement. If the Buyer refuses to accept delivery, is in fact unable or unwilling to receive the Products at the intended delivery, or is otherwise negligent in providing information or instructions necessary for delivery, the Products will be stored at the expense and risk of the Buyer. In that case, the buyer will owe the supplier all additional costs, including shipping, transport and storage costs.
2 An agreed delivery time is not a strict deadline. In the event of late delivery, the Buyer must therefore give the supplier written notice of default.
3 The supplier is permitted to deliver sold products in parts. If the products are delivered in parts, the supplier is entitled to invoice each part separately.
4 The supplier is entitled to deliver products that deviate from the products described in the purchase agreement insofar as these deviations are generally accepted in the industry according to Usance.
5 The Supplier is entitled to deviate from the agreed quantity to be delivered up to a maximum of 5%.
ENTRY CONTROL DELIVERY AND RIGHT OF ADVERTISING
1 The buyer must subject the delivered products to a proper entry inspection as soon as possible, and at the latest within 2 working days after delivery.
2 Complaints from the buyer regarding defects in the delivered products that can be immediately discovered during a proper incoming inspection must be reported in writing to the supplier within 2 days after delivery. Other complaints from the Buyer must be reported in writing to the Supplier within 2 days after the Buyer has discovered them or reasonably should have discovered them. If the Buyer has not submitted a written complaint to the Supplier within these periods, the delivered goods will be deemed to have been accepted and approved by the Buyer.
3 Even if the Buyer complains in time, his obligation to pay and accept orders placed continues to exist. Products can only be returned to the supplier after prior written permission.
4 The delivery to which the Buyer objects must be left unsorted, unprocessed and unprocessed until the Supplier has been able to investigate these objections.
5 Damages and defects up to 2% of the invoice value of the delivery and amounts under € 250 cannot be claimed. Only gross differences in weight, content, size, configuration, color and/or quality of the Products are considered a defect.
6 The right to complain lapses if the delivered products have been fully or partially processed or put into use.
7 If a complaint from the Buyer is justified, the supplier may, at its option, credit the Buyer for the loss of value up to a maximum of the invoice amount, or repair or replace the delivered goods or supply an additional quantity.
WARRANTY PROCEDURE
1. If the buyer unexpectedly needs to make a claim under the warranty, the buyer must return the parts, accessories and all machines up to 500 kg free of charge to the service center in Goirle. Any shipping costs will be borne by the Buyer. A carry-in guarantee always applies to machines that the Buyer has picked up himself, regardless of size or weight. The Buyer must offer these devices and machines free of charge to the service center where the Buyer collected the machines.
2. Malfunctions and any warranty claims must always be reported in writing or by e-mail, whereby the date of receipt is decisive to determine whether a report falls within the warranty period. Verbal or telephone reports will not be processed.
3. The following products and/or parts are NOT covered by the warranty and are only guaranteed against DOA (dead on arrival) with paid delivery: software malfunctions and/or updates, malfunctions due to a connection between the machine and the internet, overload of the power grid, voltage peaks.
4. The following malfunctions and/or incidents are NOT covered by the warranty: software errors, including settings in the (windows) operating system; changes by the user to software parameters or settings and the consequences thereof; use of machines outside the maximum specifications, accelerations and/or speeds; occurrences after user changes in factory menus or configuration files; disruptions, disruptions or problems in the power supply and the consequences thereof;
5. No warranty or guarantee is given on demonstration machines, trade-in machines, second-hand machines, previously used machines or machines that have been put into operation by customers themselves, unless otherwise agreed in writing on the original invoice.
RATES
1. The following rates apply to the delivery of services by the Supplier to the Buyer or end user:
- remote service / breakdown service (telephone, e-mail, WhatsApp): €135 per hour;
- remote service / breakdown service (team viewer): €185 per hour;
- service / breakdown service based on carry-in: 225 per hour;
- service / build up / breakdown service on location: 385 per hour.
- waiting hours (for delivery, collection or courier services: Eu 135 per 30 minutes, rounded up
A minimum rate period of 30 minutes applies to all rates. Travel costs by the Supplier will be charged to the Buyer or end user at 1.50 per kilometer from Goirle (NL).
PAYMENT
1 Payment must be made within 7 days after the invoice date and before delivery, by transferring the amount due to a bank account specified by the Supplier or by electronic payment to a payment gateway provider to be designated by the supplier.
2 Submitting a complaint or any other doubt about the delivery is not a reason for suspension of the payment obligation by the Buyer.
3 After 7 days have elapsed after the invoice date, the Buyer is in default without further written notice of default being required; From the moment of default, the buyer owes interest on the amount due of 1.5% per month or the legally permissible maximum percentage, whereby part of a month is counted as a full month.
4 If the Buyer is in default or fails to fulfill one or more of its obligations, all judicial and extrajudicial costs incurred in obtaining payment will be borne by the Buyer.
5 Payments made by the Buyer always serve firstly to settle all interest and costs owed, and secondly to settle invoices due and payable that have been outstanding the longest, even if the Buyer states that the payment relates to a later invoice.
6 The Supplier is at all times entitled to settle any claims against the Buyer of any nature against the Buyer. Any appeal to settlement or suspension by the Buyer is expressly excluded, unless the Supplier has given written permission.
7 The supplier is entitled to report outstanding invoices to its credit insurer and, if necessary, transfer them to a third party.
DISSOLUTION
1 An agreement between the Supplier and the Buyer can be dissolved/terminated/terminated by the Supplier immediately and without further notice of default, in the event of any failure by the Buyer to comply with the agreement, without prejudice to the Supplier’s right to claim damages.
2 The Supplier is furthermore entitled to terminate the agreement, without further notice of default and without being obliged to pay any compensation, if circumstances arise with regard to persons and/or materials that the Supplier uses or tends to use in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so onerous and/or disproportionately expensive that compliance with the agreement can no longer reasonably be required;
3 The Supplier is entitled to suspend further performance of the agreement or to dissolve it, without prejudice to the Supplier’s right to claim damages, if:
- a. after concluding the agreement, the Supplier becomes aware of circumstances that give the Supplier good reason to fear that the Buyer will not fulfill its obligations;
- b. When concluding the agreement, the Supplier has asked the Buyer to provide security for compliance and this security is not provided or is insufficient;
- c. the Buyer is declared bankrupt, applies for his own bankruptcy, or if he applies for a suspension of payments or applies for the Debt Restructuring of Natural Persons Act or is declared applicable to the Buyer;
- d. The buyer dies or is placed under guardianship or administration;
- e. Despite a reminder, the buyer remains in default of fulfilling its obligations within the set period;
- f. The buyer loses his legal capacity – for whatever reason – or his movable and immovable property or the delivered goods have been or will be seized and this will not be lifted within two weeks;
- g. Buyer was allowed to leave Europe immediately.
4 If the Buyer wishes to terminate the agreement prematurely, the Buyer can only consider an agreement as prematurely terminated if the supplier has confirmed this in writing. The Supplier is entitled to impose additional conditions on the termination. In any case, the Buyer will be responsible for all costs, including and not limited to and regardless of the shelf life, of registered products and associated basic and packaging materials.
5 Due to the dissolution, any claims of the Supplier become immediately due and payable. The Buyer is liable for direct and indirect damage suffered by the Supplier, including loss of profit.
WOODEN RENT AND STORAGE
1. When products or machines are reported ready for collection or delivery, machines can be stored in the Supplier’s warehouse or showroom free of charge for the first 7 calendar days. After these 7 calendar days, a warehouse rental rate of 15 Euro per m3 per day applies for temporary storage of machines. Warehouse rental must be paid and settled by the buyer before delivery of products by the supplier.
2. After notification by the supplier that products are ready for collection or delivery, these products are no longer insured by the supplier against damage, theft or depreciation in the broadest sense of the word, regardless of the reason for this.
RESERVATION OF TITLE
1 The Products delivered by the Supplier remain the property of the Supplier until the Buyer has fulfilled all the following obligations under the agreements concluded with the Supplier:
- the consideration(s) with regard to delivered or to be delivered Products themselves;
- any claims by the supplier due to non-compliance by the Buyer with (a) (purchase) agreement(s).
2 Products delivered by the Supplier, which are subject to retention of title pursuant to paragraph 1, may only be resold in the context of normal business operations. Furthermore, the Buyer is not entitled to pledge the products or establish any other right thereon.
3 If the Buyer does not fulfill his obligations or there is reasonable fear that he will not do so, the Supplier is entitled to remove or have removed delivered Products on which the retention of title referred to in section 1 of this article rests with the Buyer, or third parties who hold the Product for the Buyer. The associated costs will be borne by the Buyer. The Buyer is obliged to provide full cooperation in this regard, subject to a fine of 10% of the amount owed by him for each day that the Buyer does not cooperate.
4 If third parties wish to establish or assert any right to the products delivered under retention of title, the Buyer is obliged to immediately inform the supplier of this.
5 The Buyer undertakes, at the Supplier’s first request: to insure the Products delivered under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy of this insurance available for inspection; to pledge all claims of the Buyer against insurers with regard to the Products delivered under retention of title to the Supplier in the manner prescribed in art. 3:239 BW; to pledge the claims that the Buyer obtains against its customers when reselling products delivered by the Supplier under retention of title to the supplier in the manner prescribed in art. 3:239 BW; to mark the Products delivered under retention of title as the property of the Supplier; to cooperate in other ways with all reasonable measures that the Supplier wishes to take to protect its ownership rights with regard to the Products and which do not unreasonably hinder the Buyer in the normal conduct of its business.
LIABILITY
1 The total liability of the Supplier due to an attributable shortcoming in the performance of the agreement or on any other basis, which expressly includes any shortcoming in the fulfillment of a warranty obligation agreed with the Buyer, is limited to compensation for direct damage up to a maximum of the amount of the price stipulated for that agreement (invoice value excluding VAT).
2 The Supplier is never liable for indirect damage, including but not limited to consequential damage, lost profits, lost savings, reduced goodwill, damage due to business stagnation, damage as a result of claims from Buyer’s customers, or damage that is directly or indirectly the result of government measures and/or product recalls.
3 Unless compliance by the Supplier is permanently impossible, the Supplier’s liability for attributable shortcomings and compliance with an agreement only arises if the Buyer immediately gives notice of default to the Supplier in writing, setting a reasonable period for the correction of the shortcoming and the Supplier continues to attributably fail to fulfill its obligations even after that period. The Buyer’s notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that the supplier is given the opportunity to respond adequately.
4 A condition for any right to compensation to arise is that the Buyer reports the damage to the supplier in writing as soon as possible and no later than five working days after it occurred. Any claim for compensation against the supplier shall lapse upon the mere expiration of 3 months after the damage occurred.
5 The Buyer indemnifies the Supplier against all claims from third parties due to product liability as a result of a defect in a Product that has been delivered or made available by the Buyer to a third party and that (also) consisted of Products supplied by the Supplier.
6 The Supplier is never liable for damage resulting from or related to improper use or storage of the Products by the other party and third parties, including use after the expiration date or use contrary to the user instructions and directions. When making any claim for damages, the buyer must demonstrate that the use and storage instructions have been complied with.
7 In any case, the supplier’s liability is at all times limited to the purchase amount paid or agreed upon by the buyer as stated on the purchase invoice for the product, excluding VAT.
8 n.v.t.
9 The exclusion and limitation of the supplier’s liability, as described in the previous paragraphs of this article, do not affect the other exclusions and limitations of the supplier’s liability under these general terms and conditions.
FORCE MAJEUR
The Supplier is not obliged to fulfill any obligation, including any warranty obligation agreed between the parties, if the failure to comply is the result of force majeure. Force majeure is in any case understood to mean:
- (I) force majeure of suppliers of Supplier,
- (II) failure to properly fulfill obligations of suppliers of Supplier,
- (I I I ) government measures; including product recalls ordered by domestic or foreign authorities,
- (IV) electricity disruptions,
- (V) war,
- (VI) work occupancy,
- (VII) strikes,
- (VIII) general transportation problems
- (IX) the unavailability of one or more members of staff.
CONFIDENTIALITY
1 All information in whatever form that the parties exchange or have already exchanged in connection with the (possible) conclusion or execution of an agreement in which they provide or have provided each other with access to or with which they are or have been confronted, is considered strictly confidential by the parties. This information is referred to as Confidential Information.
2 Parties will not use, copy or store the Confidential Information for any purpose other than that for which it was provided to them.
3 The parties are not free to provide the Confidential Information to third parties in one way or another, unless they have received written permission from the other.
4 Furthermore, the parties undertake to ensure that only their employees who are involved in the (possible) conclusion or implementation of the agreement will have access to the Confidential Information.
5 This confidentiality obligation will end 5 years after an agreement has been concluded between the parties. If no agreement is ultimately reached between the parties, this confidentiality obligation will end 5 years after the date on which this was established.
RETURNS
1. There is never a right of withdrawal for B2B transactions. After acceptance of a formal quotation or payment of an invoice, all transactions are final and cancellation is not possible.
2. There is never a right of withdrawal for transactions with a buyer outside the European Union.
3. If there is a legal right of withdrawal for private individuals within the EU, the private buyer must report in writing within 14 calendar days of receipt of the goods that the buyer is exercising the right of withdrawal in accordance with EU legislation. The purchasing customer is responsible for the logistics and costs of returning the goods to the supplier’s central warehouse. The costs for returning goods by the buyer vary per product and can be up to Eu 5,000 in the case of large machines or long distance deliveries.
3. The purchasing customer is responsible for any (transport) damage if products are returned under the right of withdrawal.
4. After returning goods, an entry check will take place to check for any damage or excessive use. Any costs arising from this will be recovered from the buyer or settled against outstanding items.
INTELLECTUAL PROPERTY
1 Supplier retains all intellectual and industrial property rights to all delivered or to be delivered Products and associated documentation and images, unless otherwise agreed in writing.
2 The Buyer indemnifies the Supplier against all financial consequences of claims from third parties due to infringement of their intellectual and industrial property rights of items used at the buyer’s request. The Buyer indemnifies the Supplier against claims from third parties due to (alleged) infringement in this regard and will compensate the Supplier for all damage suffered as a result.
VARIOUS
1 If the Supplier has permitted deviations from these conditions, whether tacitly or otherwise, for some time, the Supplier still has the right to demand immediate and strict compliance with these conditions. The Buyer can therefore never derive any rights from the fact that the Supplier applies these conditions flexibly.
2 If one or more of the provisions of these conditions or any other agreement between the Supplier and the Buyer are in conflict with any applicable (legal) provision or regulation, the provision in question will lapse and will be replaced by a new provision determined by the Supplier.
GOVERNING LAW AND CHOICE OF FORUM
1. Dutch law applies to all offers and agreements to which the Supplier is a party. The other party agrees to this choice of law by accepting the applicability of the general terms and conditions.
2. All disputes arising from an agreement to which the Supplier is a party will be settled by the competent court in the district where the Supplier is located, unless the parties have agreed otherwise in writing or another provision is legally permissible.
3 If any provision of the agreement and/or the conditions is not valid, the remainder of the agreement and/or the conditions will remain in force. If the invalid provision concerns a core clause, the Buyer and Supplier will agree on a new clause that reflects the intention of the parties as much as possible. If the provision does not concern a core clause, the Supplier will establish a new provision that comes as close as possible to the scope of the invalid provision.
4 If the Supplier, for reasons of its own, waives any right against the Buyer or compensates him in any other way, these compensations will be limited to the specific circumstances of the case and will not have any influence on the rights that the Buyer can assert in other situations.
5 The Supplier is authorized to make changes to these conditions. These changes will come into effect at the announced time of entry into force. The Supplier will announce the amended conditions in a timely manner. If no date of entry into force has been communicated, changes will come into effect against the Buyer as soon as he has been notified of the change.
LEGALITY AND PERMISSION OF USE
1.The Buyer is solely responsible for verifying the legality of exhibiting, renting, selling or otherwise exploiting rented or purchased goods from the Supplier. Not every machine may be displayed, used or in operation everywhere. Different countries or local communities may have different laws regarding copyright, gambling, gambling or other aspects of renting, purchasing or exploiting goods supplied by the Supplier.
2.The Buyer indemnifies the Supplier in full or to the maximum extent permitted by law against all claims, demands, losses, damages, costs and expenses of whatever nature arising out of or in connection with the performance by the Supplier of its obligations under this Agreement.
3.The Supplier is not responsible for any legal problems and resulting costs arising from the use of any of the products offered. Claims must be submitted to and settled by the District Court in ‘s-Hertogenbosch, or any other District Court, at the Supplier’s option, with the exception of disputes that must legally be submitted to the subdistrict court. If a dispute falls within the jurisdiction of the subdistrict court, the subdistrict court in ‘s-Hertogenbosch will be the competent subdistrict court, unless the Supplier determines that another subdistrict court will have jurisdiction. The other party agrees to this choice of forum by accepting the applicability of the general terms and conditions.
3. The agreements between Supplier and Buyer are governed exclusively by Dutch law. Applicability of the Vienna Sales Convention 1980 or comparable international treaties is excluded. These conditions have been drawn up in the Dutch language and in machine-generated automatic translations upon request. In the event of a dispute about the content or scope of these conditions, the Dutch text will be binding.