{"id":523094,"date":"2021-09-22T13:29:04","date_gmt":"2021-09-22T11:29:04","guid":{"rendered":"https:\/\/b2b.calibereurope.com\/disclaimer\/"},"modified":"2021-09-22T13:29:05","modified_gmt":"2021-09-22T11:29:05","slug":"disclaimer","status":"publish","type":"page","link":"https:\/\/b2b.calibereurope.com\/de\/disclaimer\/","title":{"rendered":"Disclaimer"},"content":{"rendered":"\t\t
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GENERAL TERMS AND CONDITIONS OF CALIBER EUROPE B.V.<\/strong><\/p>\n

Registered at the Arrondissementsrechtbank te \u2018s Hertogenbosch at July 19 2001, under depotnumber 76\/2001.<\/p>\n

Article 1 – Definitions<\/strong>
In these general terms and conditions and the agreements to which they have been declared to apply, the following terms have the following meanings:
1.1<\/strong>\u00a0Vendor: the (legal) person that declares these general terms and conditions to be applicable in the framework of a quotation to or Agreement with Purchaser.
1.2<\/strong>\u00a0Purchaser: the other party to Vendor that has accepted the validity of these general terms and conditions in writing or otherwise.
1.3<\/strong>\u00a0Agreement: the agreement between Vendor and Purchaser.<\/p>\n

Article 2 – General<\/strong>
These terms and conditions are applicable to all offers and all agreements relating to deliveries of Vendor\u2019s goods and\/or services, unless expressly agreed otherwise in writing.<\/p>\n

Article 3 \u2013 Coming into Being of the Agreement<\/strong>
3.1<\/strong>\u00a0The Agreement comes into being only by the written acceptance or confirmation by Vendor of an order from Purchaser within five working days of receipt of an order or by the actual performance of the order in question by Vendor.
3.2<\/strong>\u00a0Regarding activities for which no quotation or order con\u00acfirmation is sent owing to their nature and extent, the invoice also counts as order confirmation.
3.3<\/strong>\u00a0Every Agreement is entered into on the suspensive condition of Purchaser\u2019s creditworthiness.<\/p>\n

Article 4 – Offers<\/strong>
4.1<\/strong>\u00a0All offers from Vendor are without engagement and based on delivery\/performance under normal circumstances and during normal daily working hours.
4.2<\/strong>\u00a0All offers have a period of validity of not more than 1 month, unless agreed otherwise in writing.
4.3<\/strong>\u00a0Details specified in price lists, catalogues, illustrations, drawings, dimensions, weights and other (technical) information are not binding.<\/p>\n

Article 5 – Industrial and Intellectual Property<\/strong>
5.1<\/strong>\u00a0The Purchaser is not permitted to publicise, copy, imitate, bring to the notice of third parties details as specified in the previous article and to sell, rent out, alienate, transfer as security or relinquish to third parties as security or modify (the usufruct of) such details. The title of all rights of industrial and intellectual property relating to the products remains with the Vendor.
5.2<\/strong>\u00a0The Purchaser is not permitted to delete or modify any indication concerning copyrights, trademarks, trade names, patents or other rights deriving from the goods delivered.<\/p>\n

Article 6 – Prices<\/strong>
6.1<\/strong>\u00a0The prices stated are without engagement and exclusive of value added tax and all other taxes, dues, import duties, etc. due at home and\/or abroad, which are for the account of Purchaser, unless expressly agreed otherwise. The prices stated apply to delivery ex factory\/warehouse.
6.2<\/strong>\u00a0Price-increasing factors that occur after the date of an offer made by Vendor, such as exchange rates, wages, insurance premiums, fiscal charges, etc. are for the risk of the Purchaser.
6.3<\/strong>\u00a0The stated prices are inclusive of a discount of 5%. As a consequence of this discount, Purchaser may not have recourse to Vendor\u2019s warranty obligation pursuant to Article 10.
6.4<\/strong>\u00a0The above discount is applicable only to agreements concluded with Purchasers that are resident or have their re-gistered office outside the Benelux countries. Purchasers that are resident or have their registered office within the Benelux countries may derive no rights from that provided for in Article 6.3.<\/p>\n

Article 7 – Payment<\/strong>
7.1<\/strong>\u00a0Payment shall be effected upon delivery unless expressly agreed otherwise in writing and\/or, as the occasion arises, stated on the Vendor\u2019s invoice. Payment is deemed to have been effected when the full amount owed has been credited to the bank or giro account to be nominated by Vendor and shall be effected without any deduction or set-off. In the event of the agreed payment period being exceeded, Purchaser is deemed to be legally in default and is liable without any notice of default to pay interest on the outstanding amount from the date on which the claim falls due at a percentage of 1% per month or, if this is higher, a percentage equal to the legal interest, plus all expenses resulting from the failure by the Purchaser to pay (on time), including both legal and non-legal collection costs.
7.2\u00a0<\/strong>The non-legal collection costs are 15% of the amount owed, with a minimum of N 450,-.
7.3<\/strong>\u00a0Vendor is entitled to demand security that in its view is satisfactory for the fulfilment of the Purchaser\u2019s obligations if Vendor has good grounds for fearing that the Purchaser will fail to fulfil its obligations.
7.4<\/strong>\u00a0Invoices are deemed to have been accepted and approved by Purchaser if Vendor has not received any objection to them within eight days of invoice date by means of a registered letter.<\/p>\n

Article 8 – Delivery<\/strong>
8.1<\/strong>\u00a0Stated delivery times shall always be regarded as approximate. Delivery shall be ex factory\/warehouse unless expressly agreed otherwise in writing.
8.2\u00a0<\/strong>The goods delivered are for risk of Purchaser from the moment of delivery or from the moment of refusal to take delivery.
8.3<\/strong>\u00a0Failure to meet the delivery date does not entitle Pur\u00acchaser to refuse the goods nor to receive compensation nor to terminate the agreement in full or in part.
8.4<\/strong>\u00a0The transport of goods is for the account and risk of Purchaser, unless expressly agreed otherwise in writing. Vendor has full discretion in the choice of transport. Vendor is entitled to deliver in instalments and to invoice part deliveries.<\/p>\n

Article 9 – Complaints<\/strong>
9.1<\/strong>\u00a0Complaints relating to visible defects and flaws shall be made in writing within eight days of delivery and complaints relating to concealed defects shall be made in writing to the Vendor within eight days of the moment when such a defect could reasonably have been discovered, though in any event within the warranty period as referred to in Article 10, failing which the deliveries\/activities shall be deemed to have been accepted by Purchaser and any dispute with regard thereto shall no longer be possible.
9.2\u00a0<\/strong>In the event of any complaint, Purchaser shall return the goods in question, for its account and risk, without delay to the Vendor, this on penalty of loss of the right to complain.
9.3<\/strong>\u00a0If and insofar as a complaint is found to be justified by Vendor, Vendor is only obliged, at its discretion: to reimburse the purchase price or to repair or (re-)deliver a good-quality product, which (re-)delivery shall take place on the conditions referred to in Article 7 and such (re-)delivery shall not be considered to be a late delivery, without Purchaser in addition being able to assert any right to any compensation whatsoever. Complaints are not accepted if the defects do not prevent or fundamentally hinder the use of the delivered goods.
9.4<\/strong>\u00a0Making a complaint does not relieve Purchaser of its payment obligations vis-\u00e0-vis Vendor.<\/p>\n

Article 10 – Warranty<\/strong>
10.1\u00a0<\/strong>The good quality of the supplied goods and\/or activities shall be guaranteed by Vendor for the period equal to that which is granted by the manufacturer for the supplied products, unless expressly agreed otherwise in writing. Under the warranty, the Vendor is liable only for defects that Vendor has been notified of within the warranty period and that Purchaser can prove arose within the warranty period as a direct consequence of faulty manufacture. Otherwise the Vendor is not liable.
10.2\u00a0<\/strong>The Purchaser shall at all times require Vendor\u2019s express written approval for repair\/replacement and\/or maintenance by third parties on penalty of loss of warranty. Vendor shall never be liable for defects resulting from normal wear and tear, im\u00acproper handling or improper or incorrect maintenance or repairs\/ \u00acreplacements and\/or maintenance and the like performed by third parties.
10.3<\/strong>\u00a0Purchasers that are resident or have their registered office outside the Benelux countries may derive no rights from that provided for in this article.<\/p>\n

Article 11 – Service<\/strong>
11.1<\/strong>\u00a0Complaints from Purchasers that are resident or have their registered office in the Benelux countries shall always be evaluated by Vendor irrespective of whether the warranty is still applicable. For this purpose the Purchaser will return the product in question at its own expense.
11.2<\/strong>\u00a0If Vendor is of the opinion that the complaint is covered by the warranty, Vendor shall repair the product in question at its own expense and return it free of charge.
11.3\u00a0<\/strong>If Vendor is of the opinion that the complaint is not covered by the warranty, Vendor shall automatically perform repairs up to an amount of N 45,- net, exclusive of VAT, without notifying Purchaser. Purchaser will be contacted regarding repairs exceeding the amount of N 45,- net, exclusive of VAT.
11.4<\/strong>\u00a0If Purchaser sends products to Vendor unnecessarily, solely in Vendor\u2019s estimation, the examination costs and transport costs shall be charged to Purchaser.
11.5<\/strong>\u00a0Purchasers that are resident or have their registered office outside the Benelux countries may derive no rights from that provided for in this article.<\/p>\n

Article 12 \u2013 Liability and Indemnification<\/strong>
12.1<\/strong>\u00a0Vendor\u2019s liability is limited to meeting its obligations arising from the warranty. Any further liability, whether for direct or for indirect damage, costs and interest, is expressly limited to an amount of N 2275,-.
12.2<\/strong>\u00a0Purchaser indemnifies Vendor with regard to any possible liability in respect of third parties arising from or relating to services and\/or deliveries performed by Vendor on behalf of Purchaser.<\/p>\n

Article 13 – Reservation of Title<\/strong>
13.1<\/strong>\u00a0All goods delivered remain the property of Vendor until the moment of complete payment by Purchaser of all debts owed to Vendor arising from an Agreement, including claims arising from failure to fulfil an Agreement (such as interest, costs and penalties), this as referred to in Article 3:92 of the Dutch Civil Code.
13.2<\/strong>\u00a0As long as the goods fall under the reservation of title of Vendor, Purchaser is obliged to leave the goods in their original form and is not entitled to modify them; this includes by specification, accession and confusion.
13.3<\/strong>\u00a0Purchaser is obliged to draw the attention of third parties (such as receivers and execution creditors that claim any right relating to the goods on which Vendor has a reservation of title) to Vendor\u2019s reservation of title and to do this in writing. Whenever this happens Purchaser shall notify Vendor of this in writing without delay.
13.4<\/strong>\u00a0Notwithstanding that provided for in the first paragraph, Purchaser is authorised to sell items it has received from Vendor as part of its normal operations. A condition for this, however, is always that Purchaser shall have notified its purchasing other party in writing of the entire contents of this article in good time prior to the coming into being of any purchase agreement. Vendor is at all times entitled to require Purchaser not to sell and deliver until a non-possessory right of lien has been established on Vendor\u2019s behalf on the goods in question. As soon as Vendor notifies Purchaser of this demand, the authority as referred to in the first sentence of this article paragraph automatically lapses.<\/p>\n

Article 14 – Right of Lien and Right of Retention<\/strong>
14.1<\/strong>\u00a0On all goods that the Vendor possesses or shall acquire on any account whatsoever a right of lien shall be established on behalf of the Vendor and a right of retention accrues to the Vendor as security for all claims that it has and\/or shall acquire against Purchaser.<\/p>\n

Article 15 – Force Majeure<\/strong>
15.1<\/strong>\u00a0If as a result of force majeure of a permanent or tempo\u00acrary nature Vendor is prevented from performing or continuing to perform the Agreement, independently of the question of whether the force majeure could have been foreseen, Vendor is entitled, without any obligation to pay compensation, to termi\u00acnate the Agreement in part or in full by means of a notification to that effect without a court of law being involved, without prejudice to Vendor\u2019s right to payment by Purchaser for perfor\u00acmances already rendered by Vendor before the force majeure situation arose, or to suspend the (continued) performance of the Agreement in full or in part.
Vendor shall notify Purchaser as soon as possible of a situation of force majeure. In the event of suspension, Vendor shall still be entitled to declare the Agreement terminated in full or in part.
15.2<\/strong>\u00a0Force majeure covers all circumstances as a result of which Vendor is temporarily or permanently unable to fulfil its obligations, such as fire, strike or lock-out, insurrection, war, government measures such as import or export restrictions, default on the part of suppliers, transport problems, natural disasters, disruptions in Vendor\u2019s plant or in suppliers\u2019 plants, power failures, theft or embezzlement from Vendor\u2019s warehouses or workshops and further all circumstances in which Vendor cannot reasonably be required to (continue to) fulfil its obligations vis-\u00e0-vis Purchaser. Force majeure applicable to Vendor\u2019s suppliers shall also be deemed to constitute force majeure applicable to Vendor.<\/p>\n

Article 16 – Language of Communication<\/strong>
16.1<\/strong>\u00a0The communications, written correspondence and phone traffic between Vendor and a Purchaser that is resident or has its registered office outside Dutch territory shall be carried on solely in English.
16.2<\/strong>\u00a0That provided for in the previous paragraph is not applicable if a dispute has arisen between Vendor and Purchaser and the dispute is submitted to the judgement of the competent court.<\/p>\n

Article 17 – Applicable Law and Choice of Court<\/strong>
17.1<\/strong>\u00a0All offers and agreements to which the general terms and conditions apply shall be subject to Dutch law. All disputes arising from offers from and agreements with Vendor shall be submitted exclusively to the judgement of the judge of the District Court at \u2019s-Hertogenbosch, unless Purchaser is a natural person who is not acting in the course of the exercise of a profession or trade.
17.2\u00a0<\/strong>The applicability of the Vienna Convention on the International Sale of Goods of 11 April 1980 (CISG) is expressly excluded.<\/p>\n

Article 18 – Amendments<\/strong>
18.1<\/strong>\u00a0Vendor is entitled to amend these general terms and conditions. Purchaser is deemed to have accepted the amendments in question if within 14 days following the written notifi\u00accation from Vendor that an amendment is to be made Vendor has not received a written objection thereto.<\/p>\n

Article 19 – Translations<\/strong>
19.1<\/strong>\u00a0These terms and conditions are also available in English. In the event of any conflict between the Dutch and the English versions, the Dutch version shall prevail.<\/p>\n

Article 20 – Trade marks<\/strong>
20.1<\/strong>\u00a0\u00a9 2012 Apple Inc. All rights reserverd. Apple, the apple logo, iPad, iPhone, iPod, iPod touch, iTunes logo, Mac, and QuickTime are trademarks of Apple Inc., registered in the U.S. and other countries. Mutlie-Touch is a trademark of Apple Inc. App Store is a service mark of Apple Inc. IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Other product and company names mentioned herein may be trademarks of their respective companies.
20.2<\/strong>\u00a0„The\u00a0Bluetooth\u00ae<\/sup><\/em>\u00a0word mark and logos are registerd trademarks owned by Bluetooth SIG, INc. and any use of such marks by Caliber Europe BV is under license. Other trademarks and trade names are those of t heir respective owners“.
20.3<\/strong>\u00a0Android is a trademark of Google Inc. Portions are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
20.4\u00a0<\/strong>Our website includes GeoLite data created by MaxMind, available from\u00a0http:\/\/www.maxmind.com<\/a><\/p>\n

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Article 21 – Cookies<\/strong><\/div>\n
21.1<\/strong>\u00a0We want to ensure that the Caliber Europe BV websites and services are easy to use and reliable. This sometimes involves placing small amounts of information on your computer, including small files known as cookies. These files cannot be used to identify you personally.
21.2\u00a0<\/strong>These pieces of information are used to improve our services for you by, for example:
\u2022 enabling a site to recognise your device so you don’t have to give the same information several times during one task
\u2022 recognising that you may already have given a username and password so you don’t need to do it for every web page requested
\u2022 measuring how many people are using our sites, so they can be made easier to use and there’s enough capacity to ensure they are fast<\/div>\n<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

GENERAL TERMS AND CONDITIONS OF CALIBER EUROPE B.V. Registered at the Arrondissementsrechtbank te \u2018s Hertogenbosch at July 19 2001, under depotnumber 76\/2001. Article 1 – DefinitionsIn these general terms and conditions and the agreements to which they have been declared to apply, the following terms have the following meanings:1.1\u00a0Vendor: the (legal) person that declares these […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-523094","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nDisclaimer - Caliber Europe B.V.<\/title>\n<meta name=\"robots\" content=\"noindex, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta property=\"og:locale\" content=\"de_DE\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Disclaimer - Caliber Europe B.V.\" \/>\n<meta property=\"og:description\" content=\"GENERAL TERMS AND CONDITIONS OF CALIBER EUROPE B.V. 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