Please note, this is not an official/legal document. This translation was provided automatically using google translate.
KHamstra, trading under the names:
• Alpaca Lifestyle Magazine
Publication of a special alpaca magazine. Primary
services include subscriptions, distribution and
service to advertisers.
• Alpaca Alpaca Oord Services
Scheer Service, dekservice, transport, workshops,
consultancy and mediation services in the broadest
sense of alpaca holders.
• Alpacawereld.nl
Information and marketing for alpaca owners.
Services to advertisers.
KHamstra and / or trade names are registered with the Chamber
of Commerce under number 53,392,469.
ARTICLE 1 GENERAL
These conditions apply to every offer,
tender and agreement between KHamstra, hereinafter:
"Contractor", and a client of Contractor
these conditions has stated, if
these conditions are not expressly by the parties and
is writing.
"The present conditions also apply
Actions by the Contractor in the context of
the / any third parties engaged. " Contractor. This
general conditions are also written for the
employees of the Contractor and its management.
The applicability of any other or inkoop¬
conditions of the Client is expressly
pointed out.
If one or more provisions of these terms
Conditions at any time wholly or partially invalid
or should be destroyed, it remains, in these
Terms and Conditions apply in full.
Contractor and the Client will consult
steps to develop new rules to replace the invalid
or destroyed provisions to agree, as much
as possible the purpose and intent of the original
provisions are observed.
If uncertainty exists regarding the interpretation of one or
more provisions of these terms and conditions,
then there should be the explanation 'in the spirit' of these
provisions.
If there is a conflict between parties that do not occur in this
general conditions is regulated, then this situation
to be judged in the spirit of these terms
conditions.
If the Contractor does not always demand strict compliance with these
requires conditions, this does not mean that the provisions
these do not apply, or Contractor
any degree would lose the right to otherwise
strict compliance with the provisions of these conditions
desire.
ARTICLE 2 OFFERS, SALES
All bids and offers of the Supplier are free of obligation,
unless a deadline for acceptance is made in the offer. If
no deadline for acceptance is made, the offer expires forever
after 30 days.
Contractor can not have bids or offers
held if the client can reasonably understand
that the bids or offers, or any part thereof,
contains an obvious mistake or error.
The prices mentioned in an offer are exclusive
VAT and other levies heffi of government, possible in
To make the framework of the contract costs, including
include travel and subsistence, shipping and handling,
unless indicated otherwise.
If the acceptance (whether or not on minor points)
deviates from the offer included in the quotation or offer
then the Contractor is not bound. The agreement
is not with deviating acceptance to
stand, unless the Contractor indicates otherwise.
A compound quotation does not Contractor
to execute part of the assignment against a
corresponding part of the quoted price. Specials
tenders shall not apply automatically to future orders.
Non-binding quotations are only indicative.
ARTICLE 3 CONTRACT DURATION EXECUTION TIMES,
EXECUTION AND AMENDMENT AGREEMENT
PRICE INCREASE
1. The agreement between the Contractor and the
Client is entered into for a definite period, unless the
nature of the agreement dictates otherwise or if parties
expressly agree otherwise in writing.
1a. Subscriptions to Alpaca Lifestyle Magazine are
entered into per calendar year running from 1 January / 31
December of the relevant year. Subscribers who in an on-going
year will register the missed expenditure on
year be sent.
2. For the implementation of certain activities
or for the supply of certain goods a term
agreed or specified, this is never a fatal
term. When a term is exceeded, the Client
Contractor therefore in default in writing.
The Contractor must then be a reasonable period
offered to still implement the agreement.
3. The Contractor will contract to the best
knowledge and ability and in accordance with the requirements of good
perform craftsmanship. All this, on the basis of on that
current state of knowledge.
4. The Contractor is entitled certain
to have work done by others. The
applicability of Article 7: 404, 7: 407 paragraph 2 and 7: 409 BW is
expressly excluded.
5. If the Contractor or by the Contractor
third parties engaged under contract
work is being done on the location of the
Client or a person designated by the Client
location, the Client shall provide free of charge by
those employees reasonably required facilities.
6. Contractor is entitled Agreement
various stages to be carried out, and the thus constructed
section to be invoiced separately.
7. If the agreement is implemented in phases
Contractor the execution of the parts belonging to a
next phase suspension until the Client
results of the preceding phase in writing
approved.
8. The Client shall ensure that all data,
which the Contractor indicates that it is necessary or
which the Client reasonably should understand that
General
Conditions
these are necessary for the performance of the agreement,
shall be provided to the Contractor.
If the necessary for the implementation of the agreement
data is not timely provided to the Contractor, has
Contractor the right implementation of the agreement
suspend and / or the additional costs resulting from the delay
the then customary rates to the Client
to charge. The implementation period shall begin no earlier
after Principal data to Contractor
made available. The Contractor shall not be liable
for damages of any kind, because the Agency is
assumed by Principal incorrect and / or provided
incomplete data.
9. If, during the execution of the agreement
it is necessary for a proper implementation
to amend or supplement, then parties in due time and in
mutual agreement on the adaptation of the agreement.
If the nature, scope or content of the agreement,
or not to request or appointment of the Principal,
the competent authorities et cetera, is amended and the
contract would be qualitatively and / or quantitatively
is changed, this may have implications for what
was originally agreed. As a result, it can also be
initially agreed amount be increased or
reduced. The Contractor shall it as much as possible in advance
do quotation. By amending the agreement
can also specify the initial period of implementation
be changed. The client accepts the possibility
of amending the agreement, including the
change in price and time of execution.
10. If the agreement is amended, which
includes a supplement, then the Contractor is entitled to
them first to implement after it is agreed before
given by the person responsible within the Contractor and
the Client has agreed to the implementation
price and other conditions, including
it then determine when it executed
will be given. Failure or not immediately implement
the amended agreement does not breach of
Contractor and is no reason for the client to
the agreement to terminate or cancel.
11. Without being in default, may
Contractor a request to amend the agreement
refuse, if that outcome would have to carry out the
services, or because such an effect for serving
other clients.
12. If the client was in default
in the proper performance of which he against
Contractor is obliged, then the Client
liable for all damages on the part of the Contractor
thereby directly or indirectly.
13. If the Contractor and the Client fixed
fee or fixed price match, then the Contractor
nevertheless always entitled to increase this fee
or price without the Client in that case
is entitled to the contract to terminate that reason,
if the increase in the price resulting from a power
or duty under the law or regulations, or its cause
by an increase in the price of raw materials, wages, etc.
or for other reasons at the conclusion of the contract
were not reasonably foreseeable.
13a. Under point 13 falls explicitly an increase in the
shaving rate by 100% for animals - if not
previously communicated by the Client - a multiyear
fleece, are difficult to catch, whether involving
serious skin damage.
14. If the price other than as a result of
an amendment to the agreement exceeds 10%
and occurs within three months after the conclusion of the
agreement, only the client a
to appeal to Title 5 Section 3 of Book 6 BW entitled
Agreement by a written statement, unless
The contractor then still willing to contract
based on the originally agreed amount from too
conduct;
15. If the price increase resulting from a power
or any obligation of the Contractor under the
law;
16. if stipulated that the episode is longer than three
months after the conclusion of the agreement,
take place;
17. or, in the delivery of an item, if it is stipulated that
episode is longer than three months after the sale will take place.
ARTICLE 4 SUSPENSION, TERMINATION AND INTERIM
TERMINATION OF THE AGREEMENT
1. The Contractor is entitled to fulfill
the obligations to suspend or agreement
dissolve if the client from obligations
The agreement does not, not fully or timely comply, after
concluding the agreement contractor notified
circumstances giving good ground to fear that the
The Client will not fulfill its obligations if the
Principal at the conclusion of the agreement was requested
to provide security for the fulfillment of its obligations
from the agreement and this security or insufficient
or if the delay on the part of the Client
Contractor can no longer be expected that he
the contract against the originally agreed
will fulfill conditions.
2. Furthermore, Contractor is entitled to the contract to
dissolve if circumstances arise (internal or external)
which are of such a nature that fulfillment of the agreement
is impossible or if there are other circumstances
arise of such nature that the unaltered maintenance
the agreement not reasonably Contractor
can be expected.
3. If the agreement will be dissolved
the claims of the Contractor to the Client
payable immediately. If the Contractor's performance of
suspends the obligations, he retains his rights from the
law and agreement.
4. If the Contractor to suspend or dissolve
about, he is obliged in any way to compensate
damages and costs it incurred in any way.
5. If the dissolution to the Client
attributable, the Contractor is entitled to compensation
of the damage, including the costs directly
and indirectly.
6. If the client under the contract
fails to fulfill these obligations and non-compliance
justifies termination, then Contractor
entitled to the agreement with immediate effect
to cancel without any obligation to pay
of any damages or compensation, while
the Principal, by virtue of default, but for
damages or compensation is required.
7. If the agreement is terminated prematurely
by the Contractor, the Contractor shall, in consultation with
the client that the transfer of additional
work to third parties. Unless the termination
is attributable to the Client. If the transfer of
the activities for the Contractor additional costs
incurred, they will be charged to the Principal
accommodated. The Client shall pay these costs within
to meet the said period, unless the Contractor
indicates otherwise.
8. In the event of liquidation, (application for) suspension
or bankruptcy of attachment - if and
where the herd is not lifted within three months -
Paid by the Client of debt or any other
circumstance that the client no longer freely
about his ability available, the Contractor is free
to terminate the agreement with immediate effect say
or to cancel the order or agreement without any
obligation to pay any compensation
or compensation. The claims of the Contractor
The client in this case immediately due and payable.
9. If the client placed an order wholly or
partly cancels, then the work will have been
performed and the order or ready-made things,
plus the potential to drain and delivery costs
thereof, and for the implementation of the agreement
reserved time, integral to the Client
be charged.
ARTICLE 5 FORCE
1. The Contractor shall not be obliged to perform
any obligation to the client if it so
is hindered due to a circumstance that is not
due to debt, and neither under the law, a legal act
or generally accepted for its account in the traffic.
2. Force majeure is in these terms
mean, in addition to what the law and jurisprudence
is understood, all external causes,
or unforeseen, which the Contractor can not effect
exercise, but which the Contractor is unable
obligations to fulfill. The Contractor shall also be entitled
to invoke force majeure if the circumstance which
(Further) fulfillment of the agreement occurs
after the Contractor should have fulfilled his obligation.
2a. Force majeure in the case of shaving service will
specifically considered conducting the weather
of the work makes impossible. Contractor shall
do everything in the agreement made within a reasonable
time to move. Where that other commitments
Contractor proves impossible then either party
entitled to terminate the agreement without obligation
to pay damages to the other party.
3. The Contractor is that during the period
force majeure the obligations under the agreement
suspend. If this period lasts longer than 30 days,
each party is entitled to terminate the agreement,
without any obligation to pay damages to the other
party.
4. Insofar as the Contractor at the time of the occurrence
of force majeure its obligations under the Agreement has
partially fulfilled or will fulfill, and
fulfill or to meet part independent
accrues value, the Contractor is entitled to the already
performed or to be performed part to separate
billing. The Client shall pay such invoice
meeting as if it were a separate agreement.
ARTICLE 6 PAYMENT AND COLLECTION COSTS
1. Payment must be made within 14
calendar days after the invoice date, in a Contractor
to give way in the currency which is billed,
unless otherwise indicated by the Contractor.
Contractor is entitled to periodic billing.
1a. Payment for service should always shave in one of
following ways: Payment in advance by bank
(Contractor sends first request a pro forma
invoice) Cash after operation services, Debit card
("Payleven") after operation services. There will be no
prior written consent of the Contractor not
To work 'on account'.
2. If the client defaults in the
timely payment of an invoice, then the Client
in default. The Client is legal
include interest. The interest on the due amount will
be calculated from the moment the Client
in default until the moment of payment of the full
amount owed.
3. The Contractor is entitled by Customer
payments made to stretch in the first place
reduce the costs, then to reduce the
rate cases and finally to reduce the principal amount
and the accrued interest. Contractor may, without thereby in
failure to arrive, an offer to refuse payment if the
Client a different order for the allocation of
the payment designates. Contractor can complete repayment
refuse from the principal, if not also the
cases and accrued interest and collection costs
met.
4. The Client is never entitled to settle
the amount due to the Contractor by him. Objections
at the height of a bill to suspend the payment obligation
not on. The Client who does not appeal to department
6.5.3 (Articles 231 and 247 of Book 6 BW) is not
entitled to the payment of an invoice for any other reason
suspend.
5. If the client is in default or omission
in the (early) to fulfill its obligations, then all come
reasonable costs incurred in obtaining payment out of court
account of the Client.
The extrajudicial costs are calculated on the basis of
which is customary in the Dutch collection practice
currently the calculation method for Work Report
II. However, if the Contractor has higher collection costs
that were reasonably necessary, the actual come
costs incurred for reimbursement. The possible
judicial and execution costs will also be on
the client will be recovered. The Client is over
the collection costs also include interest.
ARTICLE 7 RETENTION
1. The through as part of the agreement
Contractor delivered remains the property of the Contractor
until the client with all obligations under the
Contractor agreement (s) is valid
fulfilled.
2. supplied by the Contractor that under
paragraph 1. falls under the title, may not be
resold and must never be as payment
used. The Client is not entitled to it under the
title falling to pledge or in any
otherwise encumber.
3. The Client must always do what
it may be reasonably expected of him to
secure property rights of the Contractor. If
third parties seize the property under reservation
delivered or rights to establish or thereafter
apply, then the client is obliged to Contractor
set thereof immediately. Furthermore, compulsory
The Client is the under retention
delivered to insure and keep insured against fire,
explosion and water damage and theft and the policy
of this insurance on first request to the Contractor in
to disclose. Any payment of the insurance
Contractor is entitled to these amounts. Insofar as
commits itself towards necessary Principal Contractor
far in advance to cooperate in all that
that framework was necessary or desirable (appear) to be.
4. In the event the Contractor in this article
wants to exercise ownership rights, gives the
Client in advance unconditional and
irrevocable consent to the Contractor and
Contractor designate third parties to all these places
enter where the property of the Contractor himself
are and to take them back.
4a. If the Principal Contractor animals
has received the loan, for example but not exclusively
benefit of dekservice or sales, Client
obligation to provide this animal / animals according to this instruction
and inform Contractor immediately about incidents.
Veterinary expenses while staying at the Principal or third parties
in the first instance for the Client. In that respect in his
model agreements clauses.
ARTICLE 8 WARRANTIES, RESEARCH AND COMPLAINTS
1. to be delivered by the Contractor shall meet
the usual requirements and standards that at the time
of delivery could be made reasonably and in which
they normally use in the Netherlands. In this Article
mentioned guarantee applies to matters that are intended
for use within the Netherlands. When outside the Netherlands
the client itself to verify that its use
thereof is suitable for the use therein and meet the
conditions are made. Contractor can
in which case other warranty and other conditions to adjust
respect of the work to deliver goods or perform.
2. Paragraph 1 of this Article shall guarantee is valid
for a period of 14 calendar days after delivery, unless
the nature of the provided otherwise or the parties agree otherwise
agreed. If the information provided by the Contractor
guarantee a case which was produced by one third,
then the guarantee is limited to those provided by the manufacturer of the
case care is provided, unless otherwise stated.
3. Any form of guarantee will lapse if
a defect is caused by or resulting from
improper or inappropriate use or use
After the expiration date, improper storage or maintenance
by the Client and / or third party when,
without written permission of the Contractor, the
Client or third parties to the case have made changes
applied or have tried to bring that
other cases were confirmed that is not attached to it
should be or if they were processed or modified
other than as prescribed. The contractor
is not entitled to warranty if the defect
caused by or arising from circumstances where
Contractor can not influence, including
include weather conditions (such as but not
limited to, extreme temperatures or rainfall) et cetera.
4. The Client is obliged to (do)
investigate immediately the moment that matters to him
be made available to the relevant respectively
work is complete.
It belongs to investigate the Client or quality
and / or quantity of delivered corresponds with what
agreed and meets the requirements of the parties
have agreed on.
Any visible defects within 24 hours after delivery
to be reported in writing to the Contractor. Any failure
visible defects immediately, but in any case no later
within fourteen days after discovery in writing
Contractor to be reported. The report serves as a
contain detailed description of the defect,
so that the Contractor is able to react adequately. The
Client must allow the Contractor the opportunity
a complaint to (do) investigations.
5. If the client complains in time, this suspend his
payment obligation. The Client remains in that case
also obliged to accept and pay for the otherwise ordered
business and what he gave Contractor mission
has.
6. If a defect is reported later,
then the client is not entitled to repair,
replacement or compensation.
7. If it is established that a case is weak and
in this respect it is good time, then Contractor
the poor, within a reasonable time after receipt
thereof, or, if return is not reasonably possible
is, following notification of the defect by the
Principal, at Contractor's discretion, replace
or see to the repair thereof, or replacement
fee to the Client. In
case of replacement, the client is obliged to
replaced good to return to the Contractor and the
property to provide thereon to the Contractor, unless
Contractor indicates otherwise.
8. If it is established that a complaint is unfounded,
then the costs it incurred, including
the research costs, on the part of the Contractor thereby
cases, for the account of the client.
9. After the warranty period, all costs
repair or replacement, including administration, shipping
wire costs, charged to the Client
be.
10. There can and will be no guarantee on
the sale of animals, semen, or printing services
(Including, for example but not limited to: shaving,
pet care, advertising and consultancy).
ARTICLE 9 LIABILITY
1. If the Contractor is liable, then
this liability is limited to what is in this provision
regulated.
2. The Contractor is not liable for damage of
whatever nature, caused by the Contractor is assumed
or by incorrect and / or provided on behalf of the Client
incomplete data.
3. If the Contractor is liable for
any damage, the liability of the Contractor
limited to a maximum Ann times the invoice value of the order,
at least that part of the order which the liability
refers.
4. The Contractor's liability is in any
always limited to the amount paid out by its
insurer where appropriate.
5. The Contractor is liable only for direct
damage.
6. exclusively means the Direct damage
reasonable costs to assess the cause and extent
of the damage, insofar as the determination relates to
damage within the meaning of these conditions, any reasonable
expenses incurred for the poor performance of the Contractor
to answer to the agreement, insofar as this
are attributable to the Contractor and reasonable
costs incurred to prevent or limit damage,
if the client demonstrates that these costs have led
the limitation of direct damage as meant in these Terms
conditions. Contractor shall never be liable for
indirect damage, including consequential damage, loss
profit, lost savings and damage due to business interruption.
7. The limitations included in this article
liability does not apply if the damage is due to
intent or gross negligence of the Contractor or his senior
subordinates.
ARTICLE 10 INDEMNIFICATION
The Client shall indemnify the Agency for any
claims of third parties, which in connection with the execution of the
Convention damage suffered and whose cause other
is not attributable to the Contractor. If Contractor
for this reason should be addressed by third parties, then
Principal Contractor held both outdoors and in
Straight to assist and immediately what to do for him
in that case can be expected. Should the Client
default in taking adequate measures,
Contractor, without notice, entitled themselves
doing so. All costs and damages on the part of
Contractor and third parties are created, are integral
the expense and risk of the Client.
ARTICLE 11 INTELLECTUAL PROPERTY
Contractor reserves the rights and powers
for which he is entitled under the Copyright and other
intellectual laws and regulations. The Contractor is
right by the execution of an agreement by his side
increased knowledge for other purposes,
provided that no strictly confidential information of the
Client to third parties will be.
ARTICLE 12 APPLICABLE LAW AND DISPUTES
1. All legal relations with Contractor
Party is the only Dutch law applies even
if a contract wholly or partly abroad
to be given or if in the legal relationship
party concerned is domiciled there. Applicability
The Vienna Sales Convention is excluded.
2. The judge in the place of the Contractor
shall have exclusive jurisdiction to hear disputes
unless the law requires otherwise. Nevertheless,
Contractor shall be entitled to submit the dispute to the
legally competent court.
3. The parties will first appeal to the courts
after they have made every effort in a dispute
to settle mutual agreement.
ARTICLE 13 LOCATION OF THE TERMS AND AMENDMENT
CONDITIONS
1. These conditions are registered with the Chamber of Commerce.
2. Applicable is the last registered version
or the version valid at the time of the conclusion of
the legal relationship with the Contractor.
3. The Dutch text of the general conditions
decisive for the interpretation thereof.
January 2015 Oldemarkt Kevin Hamstra