General terms and conditions BCM Stream
General Terms and Conditions
For all agreements with BCM Music Systems BV

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General Terms and Conditions


Article 1: Applicability

1.1 These conditions apply to all agreements with BCM Music Systems BV, unless expressly agreed otherwise in writing.

1.2 Applicability of the Buyer's terms and conditions is excluded, unless expressly agreed otherwise in writing. In case (any) provisions of the terms and conditions of the other party apply, if and insofar as the latter provisions are in conflict with these Conditions of Sale, the Conditions of Sale of BCM Music Systems BV will prevail.

1.3 If one or more provisions of these terms and conditions are held by a competent authority to be invalid or unenforceable in whole or in part, the other provisions shall remain in full force and effect, but the parties shall be obliged to agree on additional provisions which shall have the same economic effect as those which are invalid or unenforceable.

Article 2: Quotations, offers and acceptance

2.1 All quotations and offers are without obligation, unless expressly agreed otherwise in writing. Agreements are only binding after written confirmation by BCM Music Systems BV or when BCM Music Systems BV has started with the execution of the order concerned.

2.2 If an acceptance deviates from the offer of BCM Music Systems BV, then this is considered a rejection of the original offer, even if the acceptance deviates only on a minor point.

Article 3: Time and place of delivery

3.1 Delivery shall take place to the address in the Netherlands given by the other party and at the expense of that other party.

3.2 Delivery times are approximate. Exceeding the delivery time gives the other party no right to compensation, even if BCM Music Systems BV has been declared in default.

3.3 BCM Music Systems BV is entitled to make partial deliveries, in which case it is also entitled to invoice each partial delivery separately.

3.4 If the other party fails to take delivery of the goods, BCM Music Systems BV is entitled, at its discretion, either to store the goods at the expense and risk of the other party, while the entire purchase price becomes payable immediately, or at any time after the other party is thus in default to dissolve the agreement in whole or in part without judicial intervention, without prejudice to BCM Music Systems BV's right to claim full compensation for damages.

Article 4: Advertising and dissolution

4.1 The other party shall inspect the goods immediately upon delivery and satisfy itself of the condition of the goods. Complaints concerning the condition of the delivered goods must be made immediately and in writing, but at the latest within 8 days after delivery, failing which BCM Music Systems BV will no longer be liable for any defects of the goods.

4.2 In the event that BCM Music Systems BV (partly) accepts a complaint, BCM Music Systems BV may, at its discretion, dissolve the agreement (without judicial intervention), or replace the goods (without further costs), or give a reasonable reduction of the purchase price whereby the other party keeps the goods.

Article 5: Terms of payment

5 1.1 All prices are based on exchange rates, import duties and other taxes and charges, which affect the sales price and are in force at the time the contract is concluded.

In the event of adjustment of one or more of these factors, before delivery takes place in accordance with the agreed delivery time, BCM Music Systems BV is entitled to pass this on in its selling prices in such a way that the changes that have occurred are reasonably anticipated.

5.1.2 The consequences of any government measure whatsoever, including those within the framework of the European Communities, including all taxes, duties, levies and/or monetary compensatory amounts, etc., if and insofar as these have not yet been included in the selling price, shall be for the account and risk of the other party.

5.2 Unless explicitly agreed otherwise, payment is due within 14 days of the invoice date. In case of direct debit, payment is due immediately.

5.3 If the invoice amount is not paid in full by the due date, the other party shall be in default solely by virtue of the expiry of the term without a notice of default being required.

5.4 The other party shall not be entitled to any discount, compensation or set-off.

5.5 BCM Music Systems BV reserves the right at any time (also prior to delivery) to request from the other party advance payment or security for the purchase price by means of a bank guarantee, an irrevocable letter of credit or any similar document, assignment of claims or otherwise. If the other party does not provide such security at first request, the other party will be deemed to be in default, both with regard to payment of the purchase price and with regard to acceptance of the goods, and BCM Music Systems BV will then be entitled to (partially) dissolve or suspend the agreement without judicial intervention and without prejudice to its right to claim full compensation for damages.

5.6 In the event of default of payment, the other party shall owe the following costs:

-The administration costs amount to € 25.00;

Monthly interest of 1.5%, whereby a current month is counted as a full month

-The extrajudicial collection costs

The actual judicial costs incurred by BCM Music Systems BV;

All damage suffered by BCM Music Systems BV as a result of changes in the exchange rates when the product or service was not invoiced in Euros.

Article 6: Installation

6.1 Installation work and facilities are at all times at the expense of the other party.

Article 7: Liability

7.1 BCM Music Systems BV will not be liable for any loss, costs and/or damage arising from any delay and/or failure to perform its obligations, if such is caused by circumstances beyond its reasonable control and/or beyond its control, including but not limited to war, situations similar to war, riots and public disturbances, earthquakes, storms, flooding, fire or any other natural disaster, accidents, blockades, the loss of transport possibilities, strikes and other forms of work stoppage or interruption of the production, full or partial non-fulfilment by third parties from whom goods or services are to be received, limited available production capacity, boycott, actual government restrictions or the lack of required import and export licences.

If the above-mentioned case occurs, BCM Music Systems BV will give written notice of this and will, at its discretion, be entitled to suspend its obligations or to dissolve the agreement.

7.2 BCM Music Systems BV will not be liable for consequential damage or any other damage whatsoever as a result of a defective delivery.

7.3 BCM Music Systems BV's total liability with respect to a specific order will be limited to the net principal sum charged by BCM Music Systems BV for that order, at least to that part of the order to which the liability pertains.

7.4 BCM Music Systems BV is exclusively liable for direct damage.

7.5 Direct damage is understood to mean only the reasonable costs to establish the cause and the extent of the damage, to the extent that the establishment relates to damage in the sense of these General Terms, any reasonable costs incurred to have the faulty performance of BCM Music Systems BV meet the agreement, to the extent that these can be attributed to BCM Music Systems BV, and reasonable costs incurred to prevent or limit the damage, to the extent that the other party demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms. BCM Music Systems BV shall never be liable for indirect damages, including consequential damages, loss of profit, lost savings and damage due to business interruption.

7.5 Except where BCM Music Systems BV is explicitly liable under these provisions, the other party shall indemnify BCM Music Systems BV against claims, actions, costs, losses and damages arising from or relating to the goods and services supplied.

In all cases in which BCM Music Systems BV is entitled to appeal to these provisions, each of its employees is also entitled to appeal to these provisions, should they be held liable.

Article 8: Retention of title

8.1 The delivered goods shall remain the property of BCM Music Systems BV until the other party has paid in full all claims relating to goods delivered or to be delivered under the agreement, including work performed or to be performed under such agreements and all claims on account of shortcomings in the performance of such agreements, including all collection costs and interest due. The other party is not allowed to transfer the ownership of the goods delivered, other than within the normal course of business, or to pledge the goods or to give them as security in any other way for the benefit of third parties.

8.2 If the other party fails to meet any of its obligations to BCM Music Systems BV, or if the other party goes into liquidation or bankruptcy or makes debt arrangements with its creditors, or takes any steps to achieve this, or ceases doing business for a period of 30 consecutive days, BCM Music Systems BV is entitled, without further notice of default or legal intervention, to repossess the goods and discontinue services.

8 3 The other party undertakes to establish an undisclosed pledge on the delivered goods at BCM Music Systems BV's first request for the benefit of BCM Music Systems BV, if possible by means of a reservation on the transfer of ownership of the delivered goods, for all existing and future claims of BCM Music Systems BV on the other party, including all collection costs and interest.

8.4 In the event that BCM Music Systems BV wishes to exercise its ownership rights as indicated in this article, the Customer gives unconditional and irrevocable permission in advance to BCM Music Systems BV or a third party to be appointed by BCM Music Systems BV to enter all those places where the properties of BCM Music Systems BV are located in order to retrieve them.

Article 9: Intellectual property

9.1 BCM Music Systems BV reserves the rights and powers vested in him under the Copyright Act and other intellectual laws and regulations. User is entitled to use the knowledge gained by the implementation of an agreement for other purposes.

Article 10: Guarantee

10.1 BCM Music Systems BV gives a one-year full warranty on complete systems and loose parts, provided the other party has adhered to the instructions given by BCM Music Systems BV regarding the use of the device.

10.2 The equipment or parts thereof to be repaired or replaced must be sent to BCM Music Systems BV carriage paid.

10.3 Any right to warranty shall be lost if the defect is due to injudicious use of the equipment or if it appears that repairs have been carried out to the equipment by third parties.

10.4 In the event that the seal(s) applied are removed or damaged, the warranty will lapse.

Article 11: Software

11.1 The other party shall neither remove nor change all distinguishing marks relating to the intellectual property rights of the entitled party. The other party shall not be permitted to copy, resell or in any way publish the software, including the documentation provided with it, or make it available to third parties.

Article 12: Confidential information

12.1 Each Party shall take all reasonable precautions to keep confidential the information of a confidential nature received from the other Party.

Article 13: Jurisdiction

13.1 Dutch law shall apply to all offers, order confirmations and agreements.

13.2 Before an appeal to the court is made, the parties shall make every effort to settle the dispute in mutual consultation.

13.3 All disputes shall be submitted exclusively to the competent court in the district of Roermond.

Article 14: Location and amendment of conditions
14.1 These terms and conditions have been filed with the Chamber of Commerce under number 13032187. Applicable is always the last filed version or the version as it applied at the time of the conclusion of the legal relationship with BCM Music Systems BV.
The Dutch text of the general conditions is always decisive for its interpretation.