Article 1: Applicability
All transactions are subject to the following conditions. If Mus Dienstverlening has agreed to the applicability of deviating terms and conditions, these terms and conditions will remain in force for the rest.
Article 2: Realization
All offers are without obligation, unless they contain a term for acceptance. If a quotation contains an offer without obligation and this is accepted, Mus Dienstverlening has the right to revoke the offer within two working days after receipt of the acceptance. The agreement is concluded when Mus Dienstverlening confirms it within eight days of receipt of the order or starts the execution of the order.
Article 3: Changes
Changes to the agreement will only be effective if they have been agreed in writing between Mus Dienstverlening and the client. If changes lead to an increase or decrease in costs, a resulting change in the agreed price must be agreed between the parties in writing. In the absence of agreement regarding a change in the price, a dispute will arise between the parties, to which the article 10 regarding disputes included in these terms and conditions applies.
Article 4: Time of Delivery
An agreed delivery time is not a strict deadline, unless expressly agreed otherwise. In the event of late delivery, the client must give Mus Dienstverlening a written notice of default.
Article 5: Transfer of ownership
Subject to the provisions of paragraphs 2 and 3, the ownership of the goods will pass to the client upon delivery.
Mus Dienstverlening reserves the ownership of all goods delivered by it to the client, until the client has fulfilled all its obligations under the agreement concluded. The retention of title also applies to the claims that Mus Dienstverlening may obtain against the client due to the client's failure to fulfill one or more of its obligations towards Mus Dienstverlening. All costs associated with the return of the property will be borne by the client.
As long as the ownership of the delivered goods has not passed to the client, the latter may not pledge the goods or grant any other right to them to a third party.
The client is obliged to keep the goods delivered subject to retention of title with due care and as recognizable property of Mus Dienstverlening.
If the client fails to fulfill its payment obligations towards Mus Dienstverlening or Mus Dienstverlening has good reason to fear that it will fail in those obligations, Mus Dienstverlening is entitled to take back the goods delivered subject to retention of title. After repossession, the client will be credited for the market value, which can in no case be higher than the original purchase price, less the costs incurred for the repossession.
The client is permitted to sell and transfer the goods delivered subject to retention of title to third parties in the context of the normal business operations of his company.
If there are reasonable doubts at Mus Dienstverlening about the payment capacity of the client, Mus Dienstverlening is authorized to postpone the delivery of goods or services until the client has provided security for the payment. The client is liable for the damage suffered by Mus Dienstverlening as a result of this delayed delivery.
Article 6: Force majeure
During force majeure, the delivery and other obligations of Mus Services are suspended. If the period in which fulfillment of the obligations for Mus Services is not possible due to force majeure lasts longer than two months, both parties are entitled to dissolve the agreement without judicial intervention, without there being any obligation to pay compensation in that case.
If Mus Dienstverlening at the commencement of the force majeure has already partially fulfilled its obligations or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the client is obliged to pay this invoice as if it concerned a separate contract.
Article 7: Liability
Mus Dienstverlening accepts liability for damage suffered by the client that is the result of an attributable shortcoming in the fulfillment of its obligation, if and insofar as this liability is covered by its insurance, up to the amount of the payment made by the insurance.
If the insurer does not pay out for any reason, the liability is limited to the invoice amount.
Notwithstanding the provisions of paragraphs 5.1 and 5.2, Mus Dienstverlening accepts no liability fo
r damage due to exceeding the delivery term as a result of changed circumstances and damage as a result of inadequate cooperation, information or materials from the client and/or Mus Dienstverlening its suppliers.
In the event of an unlawful act by Mus Dienstverlening or its subordinates, Mus Dienstverlening is only liable for compensation for damage caused by death or physical injury. In these cases the liability is limited to the maximum of the insurance policy.
Mus Dienstverlening is not liable for violation of patents, licenses or other rights of third parties through the use of data provided to him by or on behalf of the client for the execution of the assignment.
Article 8: Price and payment
The agreed price is exclusive of VAT. handling and freight costs and other government levies, unless otherwise agreed. Mus Dienstverlening is entitled to pass on price increases. If the price increase is more than 20%, the client has the right to dissolve the agreement. If the client is a consumer, he can dissolve the agreement if a price increase takes place during the first three months after the conclusion of the agreement, regardless of the percentage of the increase. Except for deliveries involving advance payment or cash payment, the client is obliged to pay the price within 14 days of the invoice date, without applying any compensation. In the absence of timely payment, the client owes a delay percentage of 2% of the invoice amount per month. Payments made by the client always serve to settle all interest and costs owed 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. If the client is in default with payment, Mus Services is entitled to charge both judicial and extrajudicial costs to the claim of the outstanding amount from the client. The extrajudicial collection costs amount to 15% of the amount of the outstanding invoices with a minimum of € 65.00.
Article 9: Dissolution
If the client does not comply with its obligations arising from the agreement, nor does it comply with a notice of default with a term of one week, Mus Dienstverlening is authorized to declare the agreement dissolved without judicial intervention. In that case, the client is liable for the damage suffered by Mus Dienstverlening.
Payment obligations relating to work already performed or deliveries remain in effect. If Mus Dienstverlening in the event of an attributable failure on the part of the client in the fulfillment of its obligation, proceeds to (extra)judicial measures, the costs thereof will be borne by the client.
Without prejudice to the existing payment obligations of the client, the agreement will be dissolved, without judicial intervention and without any notice of default being required, at the time when the client is declared bankrupt, applies for a provisional suspension of payments, or by attachment, guardianship or otherwise loses the power of disposal over his assets or parts thereof, unless the trustee in bankruptcy or administrator recognizes the obligations arising from the agreement as debt of the estate, while also invoking retention of title in accordance with Article 5.
In that case, the client is liable for the damage suffered by Mus Dienstverlening.
Article 10: Disputes
Contrary to the statutory rules for the jurisdiction of the civil court, any dispute between the parties will be settled by the Court of Arnhem, if the Court has jurisdiction. However, Mus Dienstverlening remains authorized to summon the client before the competent court according to the law or the applicable international treaty.
If the other party is a consumer, it has the right, during one month after Mus Dienstverlening has invoked this provision, to choose the competent civil court according to the law or the applicable international treaty.
Dutch law applies in all cases.
Article 11: Warranty
You will receive the manufacturer's warranty on all your purchases, as described by the manufacturer in the accompanying documentation and as stated with the products. This warranty does not apply to batteries and external damage or misuse of the product.
Items offered for repair will be returned within a reasonable period of time. Mus Dienstverlening uses an average time of 4 to 6 weeks for this.
Article 12: Returns and exchanges
If you buy something via the internet, you have a statutory cooling-off period of 7 days since 1 February 2001
. During that time you can return the purchased item without giving a reason. You must pay the return shipping costs yourself. The period of 7 days starts on the day you receive the ordered item. This right of return does not apply to items whose seal has been broken. Incorrectly sent items, incomplete shipments and other deviations from your order must be reported by e-mail within 3 working days of receipt. Clearly indicate what is wrong, we will contact you within 2 working days and will clearly indicate how we are going to solve the problem.
We will not take back items that have been used or worn, subject to legal obligations, at the discretion of Mus Dienstverlening. Keep the original packaging of the items, do not remove labels and ensure good packaging for any return shipment. Defective items can be returned within 7 days of receipt. If you are eligible for a refund, this will take place within 30 days at the latest.
Article 13: Additional and less work:
The work only includes that which has been agreed in writing between the parties.
The client has the right to order changes to this before or during the execution of the work. Only additional work that has been assigned as such and in writing will be eligible for execution and settlement. The lack of a written order does not affect the client's claims to the performance, or to the settlement thereof, respectively, if and insofar as it can be proved by other means that the additional work has been assigned as such.
Costs incurred by Mus Dienstverlening which are due to no fault of its own can be charged to the client.