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Terms of sale
1.
General
1.1 These
terms of sale apply to all agreements and to all other acts of the selling
members of the association except for modifications explicitly agreed upon
and understood in writing by any selling and the buying other party.
1.2 The
applicability of any terms or conditions referred to by the other party in
whatever way other than own terms will be explicitly denied by us.
1.3 Dutch
law will apply to all agreements. Representatives and other intermediaries
of the selling members have no larger authority or proxy than usual, in
particular they do not bind us if they deviate from these terms, confirm to
any agreements in writing, or receive payments.
1.4 The
applicability of the Uniform Acts in respect of international acquisitions
of tangible movable property and in respect of the realization of
international contracts of sale of tangible movable property as well as the
Vienna Sales Treaty is excluded.
2.
Tenders
2.1. Tenders
are not binding and are only meant as an invitation to the other party to
place an order.
2.2. An
agreement is realized either verbally by simultaneous delivery and payment
for the property by the buyer, or by acceptance in writing or by shipment of
the property by the seller.
3.
Complaints
3.1. Buyer will notify the seller in writing of any visual defects not later
than five (5) days after the receipt of the property or properties. Buyer
will notify the seller in writing of any defects that could not have been
found on normal inspection, immediately after same defects have been
discovered and not later than thirty (30) days after the receipt of the
property or properties.
3.2. The
seller is obliged to honor reasonable claims regarding quality, class, or
quantity of the delivered property or properties by replacement of same only,
unless this is impossible due to the rareness of the delivered property. In
this case the seller will reimburse any payments.
3.3. The
seller's liability will never lead to any other obligations than one of the
obligations mentioned in the previous subsection.
4.
Transfer and Risks
4.1 Transfer is effected ex antiquarian bookshop, and the sold property is
deemed to be transferred and the conveyance of risks with respect to the
property is in force from the moment same property is transferred or handed
over to the shipping agent or transporter. If the property is supplied
directly to the buyer or to a third party appointed by him, the sold
property is deemed to be transferred property and the conveyance of any
risks with respect to same will be in force from the moment the property is
at the actual disposal of the buyer or of said third party appointed by him.
4.2 If
transport to the destination cannot take place due to circumstances beyond
seller's control, the seller is fully entitled to store the property at the
buyer's expenses.
4.3 The
delivery dates given by the seller are an approximation. The seller cannot
be held responsible for failing to meet any date of delivery. In this case,
the buyer is not entitled to cancel the order or refuse acceptance of the
property, unless the estimated date of delivery has been overdue to such an
extent that the buyer cannot reasonably be expected to keep up the agreement.
In this case the buyer is only entitled to cancel the order in writing and
to reclaim any payments already made.
5.
Price
5.1 The seller will charge those prices that are valid on the date of
delivery. Unless explicitly understood and agreed upon differently, the
following costs will be charged to the buyer: packaging and shipment, costs
of transport insurance, export, import and excise duties as well as all
other taxes or impositions due concerning the delivered property and
transport thereof.
6.
Payment
6.1 All payments will be made without any compensations or discount. Unless
explicitly understood and agreed upon differently, the buyer, within
fourteen (14) days of the date of invoice, is bound to settle the net price
of the seller's invoice in cash or by transfer of such a sum into the
seller's bank or giro account, without any charges being made to seller. The
place of payment is the place where seller has established his business.
6.2 The
seller is entitled to suspend fulfillment of any obligations as long as the
buyer has not settled any payments due, such as purchase prices and/or
transport charges, insofar as same can be claimed.
6.3 From
the fourteenth (14th) day of the date of invoice, the buyer, without any
notice or injunction, will owe an amount of interest equal to the statutory
interest which at that moment is valid in the Netherlands, augmented by two
(2) per cent.
7.
Reservation of title
7.1 Without prejudice to the buyer's obligation to pay timely, title of the
delivered property will exclusively remain with the seller until the buyer
has fulfilled all his obligations that are resultant from or connected with
said property delivered, or to be delivered, by us under the terms of the
agreement.
7.2 The
buyer is not entitled to sell or supply to a third party any property or
properties delivered to him but not yet been paid for by him, unless such is
inevitable within the scope of his normal business operations.
8.
Returns
8.1 Returns of containers, covers or any other packaging materials for which
the seller has been invoiced, are only accepted if the shipment to the
seller's established place of business has been stamped with sufficient
valid postage stamps, is in good condition and has taken place within ninety
(90) days of the date of said invoice to the seller. In this case the
invoiced price of packaging materials will be refunded to the buyer.
9.
Recovery
9.1 All recovery charges due by the buyer, whether of a judicial or
extrajudicial nature, will be at the buyer's expenses.
9.2 The
extrajudicial charges to be compensated for will be calculated on the basis
of the collecting rates for same recovery procedures as charged by the
'Nederlandse Orde van Advocaten' (Dutch Law Society) at the time of the
collection order, with a minimum of 125 Euro.
10.
Force majeure
10.1 If the seller cannot fulfill his obligations towards the buyer due to
circumstances beyond his control, the buyer will have no right to
compensation.
10.2
Circumstances beyond the control of the seller are any circumstances that
occur outside the influence of the seller, and which prevent his fulfillment
of any obligations towards the buyer or because of which the fulfillment of
obligations cannot reasonably be asked of him, regardless whether these
circumstances could have been foreseen at the time of concluding the
agreement.
11.
Disputes
11.1 Unless national or international law or jurisdiction applies and
strictly and forcibly annuls the ruling of this article, all disputes
between parties will be submitted to the 'Arrondissementsrechtbank'
(District Court) which holds its sessions in the district in which the
seller has established his place of business.
12.
Ton Peek Gallery delivery conditions
12.1 Additional to the delivery conditions we use the Ton Peek Gallery
delivery conditions.
Ton Peek Gallery delivery
conditions
The
availability of artwork is subject to prior sale. All prices are subject to
change without prior notice. All prices are in Euros. Contact the gallery to
confirm prices of artwork.
Preview of Artwork
Special arrangements can be made for viewing of artwork prior to sale.
Framing
The gallery provides framing at additional cost. Please inquire at time of
purchase about availability of frames.
Payment
Payment is due upon receipt of artwork.
Dutch Taxes
Prices are including VAT for all purchases within Holland
Shipping
Artwork will be packaged professionally and shipped via FedEx at the expense
of the client. Any damage to artwork incurred during shipment is insured by the
gallery for the full value.
Guarantee
All purchases are guaranteed to be as described. All photographs are in
excellent condition unless otherwise noted. If you are not satisfied with your
purchase you may return the artwork for a full refund. To return artwork,
contact the gallery to make arrangements. Please retain original packaging in
case artwork is to be returned. Artwork must be insured for full value when
being returned.
All artwork is copyright of the respective artist or estate.
All other material © Ton Peek Gallery. All rights reserved
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