general terms and terms of delivery
Conditions Of Sale And Delivery Of Functional Strength Measurement
registered at the Chamber of Commerce (KvK) of Tiel under number51301377
registered at the Chamber of Commerce (KvK) of Tiel under number51301377
1. applicability
1.1 In these terms and conditions, the following definitions shall apply:
• Conditions: these general conditions of sale and delivery;
• FSMS: Functional Strength Measurement
• Customer: any natural or legal person or persons company party or is involved in a legal act or act referred to in article 1.2, or to whom a right referred to in that article or whose act or act affects a request originates there as intended;
• Web Site: www.functionalstrengthmeasurement-FSM.com
• FSMS: Functional Strength Measurement
• Customer: any natural or legal person or persons company party or is involved in a legal act or act referred to in article 1.2, or to whom a right referred to in that article or whose act or act affects a request originates there as intended;
• Web Site: www.functionalstrengthmeasurement-FSM.com
1.2 the terms and conditions apply to all offers, quotes, order confirmations, invoices and deliveries of products and/or services of FSM to the customer, on each order from the customer to FSM and to all agreements between FSM and the customer, as well as on any request from the Customer to delivery of products and/or services, whether or not there is an agreement between FSM and the customer comes/.
1.3 FSM shall ensure that these conditions before or at the conclusion of the agreement to the customer whether or not in electronic form (digital) in hand. If desired, the customer is responsible for storing and printing of the conditions and the agreement on a durable data carrier, through the Website available facilities, and for the (permanent) accessibility of the saved copy.
1.4 without prejudice to any existing legal obligations to the agreement itself for FSM and/or the conditions, FSM not obligated to any archived agreement and/or the terms and conditions for the Customer accessible at all times.
1.5 by the customer's general conditions or other conditions do not apply. Different and/or additional terms on can be invoked only by the customer, if and in so far as that accepted in writing by FSM. Such deviating or supplementary provisions shall not affect the applicability of the other provisions of the terms and conditions shall only apply for the agreement that specifically, agreed expressly and in writing.
1.6 the acceptance of the conditions By the customer also agrees with the applicability of the conditions on all future agreements between FSM and the customer and to all offers, quotations, (requests for) supplies of products and/or services.
2. communication
2.1 Every communication between FSM and the customer can take place electronically, unless the conditions and/or the agreement and/or the law expressly prescribes otherwise.
2.2 the communication by FSM saved version is to provide evidence thereof, subject to rebuttal by the customer.
2.3 electronic communication is deemed to have been received on the day of dispatch, unless the opposite is proven by the recipient thereof. If the communication was not received as a result of delivery and/or accessibility issues regarding the e-mailbox of the customer, comes this at the risk of the Customer, even if the e-mailbox at a third is housed.
3. quotations, FORMATION of CONTRACTS, cancellation and REVOCATION
3.1 all offers and tenders of FSM, as well as all the customer's orders, both in writing and orally, are without obligation for FSM and bind its not, unless the offer or quotation of FSM itself expressly indicates, or unless a specific order of the customer is confirmed in writing by FSM.
3.2 If a listing or a quote from a composite quotation exists then that is not a result FSM may be required for a portion of the offer or quotation in the included products and/or services, against a corresponding portion of the specified price to deliver, nor applies the listing or quotation for automatically-if applicable-backorders. If the customer orders or additional products and/or services, then these additional wishes also to be taken into account.
3.3 all documents and data, including, but not limited to color, size or weight specifications, descriptions, models, photographs, (technical) examples, drawings, data, as provided on the Website, in catalogues, leaflets, brochures, leaflets and the like, or exhibited at fairs or otherwise are carefully manufactured by FSM toongesteld/ten, but are not binding on FSM and can never be considered as an exact representation of what FSM is obliged to deliver or offers or to do. If an offer or quotation of FSM accompanied of documents and data (carriers), as referred to in this paragraph, whether FSM that documents or data (carriers) itself has created, or that these are drafted by and/or submitted by third parties, then these documents and data is not mandatory customer nor to multiply, to third parties unless prior express and written consent of FSM. These documents and data (carriers) remain the property of the respective third party and submit respectively FSM on first request of FSM to FSM to be returned.
3.4 agreements between FSM and the customer must be generated, if and when a written order confirmation to the customer FSM has sent, or-if this time is earlier – FSM is started with the execution of the order of the customer, including but not limited to the provision of products and the provision of services. The order confirmation shall be deemed the agreement to display fully, including the applicability of the conditions. For those activities for which, by their nature and extent no quotation or order confirmation is sent, the invoice also classified as order confirmation.
3.5 FSM reserves the right at all times to refuse orders. Reasons for refusing an order from the customer forms always a late payment of the customer identified by FSM. If FSM of the right to refuse an order, the customer uses FSM will as soon as possible after the customer's order to inform have received.
3.6 when purchasing products through the Website, the customer who has not purchased the products within the framework of the exercise of his profession or company the possibility to dissolve the agreement without giving any reason during 7 (seven) working days. This period shall begin from the day after receipt of the product by or on behalf of the customer.
3.7 during the term of the right of withdrawal, the customer will carefully handle the product and its packaging. He will extract the product may only use or as necessary in order to assess whether he wishes to preserve the product. If he makes use of his right of withdrawal, he will the product (s), all accessories and components thereof complete and undamaged, like new in the original packaging and undamaged and undescribed FSM return through the FSM shall require carrier, and incidentally in accordance with the instructions provided by FSM. If the returned product is not returned by the customer in accordance with the previous sentence, or the carrier will FSM by FSM requested to the customer returning the product at the expense of the customer.
3.8 upon delivery of services through the Website Also has the customer who does not act in the exercise of his profession or company the possibility to dissolve the agreement without giving any reason during 7 (seven) working days with effect from the day of entering into the agreement.
3.9 of the right of withdrawal if included in article 3.7 and 3.8 are products and services except:
that were established in accordance with the customer's specifications;
which are clearly personal in nature;
which by their nature cannot be forwarded;
which audio and video recordings and computer software, if the customer has broken seal;
that were established in accordance with the customer's specifications;
which are clearly personal in nature;
which by their nature cannot be forwarded;
which audio and video recordings and computer software, if the customer has broken seal;
3.10 If customer has made use of the right of withdrawal, then promptly wears FSM care for repayment within 30 (thirty) days of the amount that the customer has complied with to FSM.
4. prices
4.1 the price in force at the time of order for a product or service is denominated in euros and is exclusive of VAT, shipping or delivery costs and legal costs, including administrative costs. The percentage of VAT and the amount thereof, as well as the shipping or delivery costs are each separately listed on the invoice.
4.2 unless otherwise stated, all quotations made by FSM subject to price changes.
4.3 manifest errors in price or description of a product or service as stated on the Website or elsewhere can always be corrected by FSM. However, if the customer on this basis, to enter into an agreement should have decided, then he can still this agreement within 7 (seven) working days after the FSM on error has communicated to the customer, cancel without him for that transport costs for return shipment are calculated by FSM.
5. payment
5.1 unless expressly agreed otherwise in writing, payment must be made before the product is delivered. The amount is paid into the account of FSM indicating invoice number.
6. DELIVERY TIME, delivery, transportation and RISK
6.1 Delivery occured within 1 month after receiving the payment. If a delivery time/date or execution time/date is exceeded for the provision of services because the customer does not clear (af) delivery or other has issued instructions, or other information or action is required for the episode or the provision of services carried out or has not supplied or because a circumstance that is not attributable to FSM is that delivery has occurred or the provision of services within/on the delivery time/execution time/date foreclosed, the delivery time/date be extended with the implementation period/time-that the implementation of the agreement this is delayed or difficult.
6.2 If the delivery of a product and/or implementation of a service is delayed, or if an agreement is not or only partially can be performed, the customer receives no later than 1 week after payment, thereof, by FSM message.
6.3 If a delivery time/date or execution time/date is exceeded, the customer never entitled to reimbursement by FSM of any direct or indirect damage.
6.4 Unless expressly agreed otherwise in writing, the place of supply the address stated on the invoice.
6.5 delivery is performed by a carrier requested by FSM.
6.6 from the moment of delivery, the product is for the account and risk of the customer.
7. complaints and RETURNS
7.1 the Customer is obliged immediately to any deficits supplied and its packaging and/or visible defects to check and examine whether the supplied complies with what is agreed, at least meets the requirements which are in the normal (trade) traffic may be introduced.
7.2 Advertisements in respect of the following deficits and/or should visible defects within a period of 7 (seven) working days after the delivery date-having precise indication of the nature and grounds of complaint to be submitted by its designated FSM manner, on penalty of nullity of all possible claims. Advertisements in respect of not in accordance with the previous sentence should visible defects within a period of 7 (seven) working days after it could have reasonably discovered at FSM on the manner designated by it and submitted in accordance with article 17, but at the latest within 1 (one) month after the date of delivery.
7.3 If the customer possible deficiencies and (not) visible deficiencies are not remedied within the time limits mentioned in the previous article, the customer remains obliged to decrease has objected and payment of the products delivered by FSM.
7.4. If, in the opinion of FSM is rightly complained about a product supplied by FSM and the customer also has sufficient proof to the satisfaction of FSM that can deliver the defect referred to in the preceding articles are indeed already existed at the time of delivery and the customer wishes to return defective products, then the customer is entitled to return the product to send FSMreturn on condition that occurs only after prior written approval by FSM and manner indicated by FSM. The costs for the return shipment shall be borne by FSM. The customer shall in this context, its intention to return by means of a prior written notification to FSM submissions. Unannounced return shipments are not taken into consideration and are sent at the expense of the Customer return sender.
7.5 all approved in writing by FSM serve returns under proper statement of reasons through the FSM requested carrier to be return sent. In addition, the return to broadcast products must at all times (a) be accompanied by the name of the contact person at the customer, (b) be provided with a copy of the original packing slip/invoice to which the return relates, (c) new, undamaged and unused State and (d) the original, undamaged packaging and undescribed (factory). Advertisements in respect of products which do not meet the above-mentioned requirements are not taken into consideration and these products are sent at the expense of the Customer return sender.
8. liability
8.1 FSM is not liable for damages as a result of a shortcoming attributable to the customer, regardless of whether it is or not, or for any damages arising out of a tort against the customer, unless the damage is caused by intent or deliberate recklessness of the Executive Board of FSM.
8.2 In no event shall company be liable for consequential and/or FSM indirect damage of the customer. FSM is not liable for damages that can be attributed to an act or omission of the customer or a third enabled by the customer.
8.3 without prejudice to the specific FSM's liability in all cases limited to the original purchase price of the products, or to the original price of the supplied services
8.4 the customer is personally responsible for damages caused by errors or defects in the information supplied by him, that the customer has provided instructions to FSM for purposes of customised by FSM services or products to be supplied.
9. obligations of the CUSTOMER and INDEMNIFICATION
9.1 the Customer is obligated all measures and instructions supplied with the product's use should be respected and that contribute to the sustainability of the product, for example, or to take to follow up. The customer is also obliged the conditions which clearly and explicitly establishes FSM, make clear to others who use the product. The customer is not allowed to include testing products or components thereof, as well as manuals to resell and/or copy.
9.2 the customer is not allowed to copy (s) of the test (s), which are sold and delivered by FSM, to make available to third parties.
9.3 the customer guarantees the accuracy, completeness and reliability of the information provided to him by or on behalf of FSM, and data services by FSM.
10. suspension, CANCELLATION and TERMINATION
10.1 if and when:
(a) the customer to one or more of its obligations arising from these terms or from any agreement with FSM does not, not timely or has not properly fulfilled;
(b) third parties rights claim in respect of goods property of the customer or on his seizure is effected;
(c) the customer requests or the suspension of payment, bankruptcy or receivership or bankruptcy Customer payment is requested, the customer a payment arrangement/is hitting with one or more of its creditors, or otherwise the impression to insolvent (will);
(d) the customer (if a natural person) dies, is placed in receivership or receivership or when he indicates that he wishes to be eligible for the debt restructuring arrangement;
(e) the customer proceeds to voluntary dissolution or liquidation of its undertaking, the undertaking is continued in another legal form or registered or actual location is moved to another country, the direct or indirect control within the Customer is transferred to a third party;
the customer the rights arising from any agreement to which these conditions apply, assigns it to a third party;
FSM is entitled to their own choice, fulfil its obligations towards the customer, .website to suspend until the customer has fulfilled his obligations towards FSM fully and/or to terminate the contract in whole or in part, in both cases without judicial intervention, by means of a written declaration without being in any way towards the Customer to be liable for damagecosts and interest, and this notwithstanding the right of FSM to full damages.
(a) the customer to one or more of its obligations arising from these terms or from any agreement with FSM does not, not timely or has not properly fulfilled;
(b) third parties rights claim in respect of goods property of the customer or on his seizure is effected;
(c) the customer requests or the suspension of payment, bankruptcy or receivership or bankruptcy Customer payment is requested, the customer a payment arrangement/is hitting with one or more of its creditors, or otherwise the impression to insolvent (will);
(d) the customer (if a natural person) dies, is placed in receivership or receivership or when he indicates that he wishes to be eligible for the debt restructuring arrangement;
(e) the customer proceeds to voluntary dissolution or liquidation of its undertaking, the undertaking is continued in another legal form or registered or actual location is moved to another country, the direct or indirect control within the Customer is transferred to a third party;
the customer the rights arising from any agreement to which these conditions apply, assigns it to a third party;
FSM is entitled to their own choice, fulfil its obligations towards the customer, .website to suspend until the customer has fulfilled his obligations towards FSM fully and/or to terminate the contract in whole or in part, in both cases without judicial intervention, by means of a written declaration without being in any way towards the Customer to be liable for damagecosts and interest, and this notwithstanding the right of FSM to full damages.
11. FORCE MAJEURE
11.1 force majeure in these terms means any of the likes of FSM independent circumstance, even though it was this circumstance already at the time of the formation of the contract, to provide that performance of the contract with the customer in whole or in part, temporarily or permanently prevents. Below is in any case means transportation difficulties, fire, accidents, import and export restrictions, riots, insurrection, terrorist threat ¬, measures by the Government. as well as the impossibility of performance of the contract due to deficiency of the suppliers of FSM, including with FSM affiliated or associated entities in a group or by FSM implementing the agreement enabled persons or Affairs.
11.2 In case of force majeure are parties entitled to suspend their obligations under the agreement. In the event that force majeure-rich situation lasts longer than 6 (six) months, each of the parties is entitled to unilaterally terminate the contract in whole or in part by means of written communication to the other party, without that parties are obliged to make any damages against each other.
11.3 In case of force majeure is entitled to recover payment for the performance that FSM FSM, even before the onset of force majeure, had performed in the framework of the implementation of the relevant agreement.
12. intellectual property rights
12.1 all intellectual property rights relating to the products delivered and sold by FSM as well as with respect to the services provided by FSM remain the property of FSM or-if applicable-hair (toe) supplier (s) including with FSM affiliated or associated entities in a group, come exclusively to FSM or-if applicable-hair (toe) supplier (s). Below are also include copyrights, patent rights, trademark rights, design rights, know-how, database rights and the right to trade name, exclusive license rights. The supply of a product submitted by FSM can not be classified as an express or implied licence to use, publication, reproduction, compilation, operation or disclosure to third parties of the intellectual property rights, unless expressly written consent has been obtained from FSM.
12.2 All by FSM or-if applicable-hair (toe) supplier (s) including with FSM affiliated or associated entities in a group, to customer supplied drawings, documents, technical data, specifications, user manuals, advertising material and/or other information that are or may be subject of any right of intellectual property or of an equivalent law shall remain the property of FSM or-if applicable-hair (toe) supplier (s) or licensor (s) and will be returned on FSM's first request to FSM.
12.3 the customer will immediately notify FSM, if he finds that a third party infringes any intellectual property right of FSM or-if applicable-hair (toe) supplier (s), or if a third party makes any claim against the customer in connection with the intellectual property rights of FSM or-if applicable-hair (toe) supplier (s), including associated entities with FSM affiliated or in a group. If FSM so requests, the customer shall cooperate in all reasonable to desire that could result in the earliest possible termination of the infringing acts or the dispute.
13. notification of COMPLAINTS
13.1 if the customer is not satisfied with the way FSM implementation give or have given in the agreement, the customer can be fully and clearly defined complaint within a reasonable time sign in FSM.
13.2 complaints submitted By FSM shall be adopted within a period of 14 (fourteen) days after the date of receipt thereof by FSM Forum. If a complaint is a predictable longer answering time asks, within the said period by FSM a notice of receipt of the complaint sent to the customer. That message also contains an indication of the period on which the customer can expect a more comprehensive message.
These conditions are filed at the Office of the Chamber of Commerce(KvK) Tiel under number 51301377 The last registered version always apply there.
.