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General Conditions

General Terms and Conditions Electrotechnical Retail Trade (AVED)

General Terms and Conditions for the Electrotechnical Retail Trade (hereinafter to be referred to as "GTCERT") applicable in cases in which a member of uneto-vni (hereinafter to be referred to as "the organisation") acts as vendor of consumer electronics (hereinafter to be referred to as "the product").

These general terms and conditions have come into effect in August 1996 in consultation with the Dutch Consumers' Association within the framework of the Coördinatiegroep Zelfreguleringsafspraken (Self-regulating Agreement Coordination Group) of the Dutch Social and Economic Council and come into effect as from 1 January 1997.

Inhoudsopgave

I General provisions
Applicable provisions
Quality
Reservation of title
Payment
Terms
Complaints
Purchase on approval
Not picked up products
Prices
Collection
Force majeure
Compensation
II Disputes
Dispute Resolution Committee
Dispute resolution by the court
III UNETO security

I General provisions

Applicable provisions
1 Dutch law applies.
2 Statutory provisions apply except insofar the GTCERT deviate from these.
3 The GTCERT apply in full except insofar it has been agreed otherwise in writing. The articles printed in italics do not apply to an agreement concluded between an organisation and a consumer (=-customer, natural person who acts whilst performing a profession or a business).

Quality
4 The organisation must deliver a product that meets the agreement. The product shall be deemed not to meet the agreement if it does not have the properties that the customer may expect based on the agreement. Should these expectations not be met, the consumer shall be entitled to have repairs and/or a replacement, respectively.
5 The customer may also directly approach the manufacturer or the importer with regard to products that are delivered with a factory guarantee. If asked, the organisation can broker between the customer and the manufacturer or importer, for example, by sending the product on behalf of and at the risk of the customer to the manufacturer or importer.

Reservation of title

6 The organisation shall continue to be the owner of the sold product as long as the customer has not completely met his or her payment obligations including that which he or she may come to owe in connection with failing in his or her obligations.

Payment

7 Without prejudice to the provisions of Article 8, the customer must pay the price immediately and in cash upon delivery. Cash payment shall be deemed to include the payment by means of a transfer of the amount due to a bank or giro account specified by the organisation at the time of the delivery and/or handing over a guaranteed giro payment slips or banking cheques.
8 Payments made by the customer shall first be applied to settle all due costs and interest and subsequently those invoice amounts which have been outstanding for the longest period, even though the other party has stated that the payment relates to other invoices.

Terms

9 The customer must give notice of default to the organisation in writing should delivery not be on time unless a fixed delivery date is involved (deadline).

Complaints

10 Complaints must, by preference, be submitted in writing and substantiated by arguments to the organisation.
11 Should visible defects be involved, the complaint must be immediately submitted after delivery. In all other cases, the complaint must be submitted within an appropriate period of time after the customer has discovered the defect or should have discovered the defect in all reasonableness.

Purchase on approval

12 The product shall be at the risk of the customer from when it has been delivered with regard to purchase on approval.

Not picked up products

13 If after three consecutive written announcements, of which the last one through registered letter, from the organisation to the customer that he or she must cooperate with regard to the delivery, the customer has not picked up or has not accepted delivery of the product during a period of one month, the organisation shall be authorised to sell the product and to recover that which is owed to said organisation from the proceeds.

Prices

14 If one or more cost price factors undergo an increase before the delivery, the organisation shall be entitled to charge for the relevant additional costs.

Collection

15 If the customer is deemed to be in default and the organisation decides to collect the amount due to said organisation, all costs linked to this shall be borne by the customer unless the organisation decides to determine that these costs should be a flat rate of 15% of the amount to be collected. The losses due to delays shall be fixed at the statutory interest rate increased by 2%.

Force majeure
16 Force majeure is deemed to mean the following: suppliers of the organisation not meeting their obligations, transport difficulties, fire, strikes or walkouts and import or trade prohibitions.

Compensation
17 The losses that the customer has suffered that are the result of shortcomings of the organisation shall be paid up to the maximum of the purchase amount. Consequential loss and losses due to deliveries that are too late shall never be considered for compensation. The provisions made by Article 7:21 of the Dutch Civil Code are excluded. The entitlement to receive compensation for losses shall no longer apply if an appeal has not been done on time in writing giving reasons. This shall be within 48 hours after delivery with regard to visible defects and within 14 days after discovery of the damage with regard to all other defects. Losses shall not be compensated should they be brought to light after 12 months after delivery of the sold item. Losses as a result of performed (repair installation) work that may or may not be linked to the sold item shall not be eligible for compensation if they come to light later than three months after the performance of the work.
18 The organisation does not have to compensate the customer for losses that are due to force majeure.

II Disputes

Dispute Resolution Committee
19 Disputes between the consumer and the organisation about the conclusion or execution of the agreement on which these terms and conditions apply can be submitted by the parties to the Electrotechnical Dispute Resolution Committee, which will rule by way of a binding opinion in accordance with the Electrotechnical Dispute Resolution Committee regulation. A fee is payable for a dispute to be accepted for resolution.
20 A dispute shall only be accepted for resolution by the Dispute Resolution Committee if the customer first has submitted his or her complaint to the organisation in accordance with the term determined in Article 11. The consumer can subsequently submit the dispute within a term of three months thereafter in writing to the Dispute Resolution Committee whilst specifying the name and address of the consumer and organisation and a clear description of the dispute and the criterion. When the consumer wishes the dispute to be processed by the Dispute Resolution Committee, the organisation is bound by this choice.
21 When the organisation wishes to submit a dispute, the organisation must first ask the consumer in writing to express himself or herself within five weeks on whether he or she wishes to have the dispute processed by the Dispute Resolution Committee or by a civil court. The organisation must also announce that the organisation shall deem itself free after the aforementioned term has elapsed to submit the dispute to the civil court.

Dispute resolution by the court
22 All other disputes shall be resolved by the District Court in the place of business of the district of the organisation in deviation from the statutory rules with regard to the competence of the civil court in case the District Court is competent. The organisation shall, however, continue to have the authority to summon the customer in front of the competent court in accordance to the law of the applicable international treaty.
23 The consumer shall be entitled to choose resolution of the dispute by the competent civil court in accordance with the law of the applicable international treaty during five weeks after the organisation has appealed to the provisions contained in the previous Article.

III UNETO security

24 The Stichting Geschillenregelingen Uneto acts as guarantor with regard to the consumer for the fulfilment of the binding opinion specified in Article 19; one thing and another unless the organisation has submitted the binding opinion within two months after the date contained herein to the court for its review. A maximum of €-2,269 applies for each binding opinion with regard to this security. The security shall never apply with regard to issues involving consequential loss.

Filed at the Office of the District Court in 's-Gravenhage under number 114/1996 on 4 October 1996.

Uneto 1996-628