Terms and Conditions

Article 1 General

1.1.
These conditions apply to every offer, quotation and
agreement, made by or concluded with CNC-service.nl. If these
conditions have been declared applicable to an agreement between the parties once
, the parties agree that they will also
apply to future agreements, to the exclusion of all other conditions,
without having to be declared applicable again. If these
general terms and conditions are amended, a new version will be
published on the CNC-service.nl website.
The amended terms and conditions apply to agreements concluded after that publication.
1.2.
Additions, changes, further agreements, arrangements or deviating stipulations with
regard to an agreement or these general terms and conditions do not apply as
agreed between the parties as long as they have not been confirmed in writing by CNC-service.nl
.
1.3.
If one or more provisions of these general terms and conditions in a specific
case are wholly or partially invalid or should be annulled, the
other provisions of these general terms and conditions will remain fully applicable. CNC-service.nl
and the Other Party will then enter into consultation in order to agree on new
provisions to replace the void or voided provisions.
with due observance of the purpose and intent of the original
provisions as much as possible.
1.4.
If CNC-service.nl does not always demand strict compliance with these conditions,
this does not mean that the provisions do not apply, or that CNC-service.nl
would lose the right to enforce strict compliance with the provisions of
these conditions at any time. to desire.

Article 2 Offers and agreement

2.1.
All quotations and offers from CNC-service.nl are without obligation. A quotation or
offer lapses by operation of law if a
change occurs before its acceptance in the conditions under which the quotation or offer was made,
including availability and pricing of the products
and services offered.
2.2.
CNC-service.nl cannot be held to a quotation or offer if it

contains an obvious mistake or clerical error, and the Other Party should reasonably
have understood this.
2.3.
If the acceptance (whether or not on minor points) deviates from the
offer included in the quotation or offer, CNC-service.nl is not
bound by it. The agreement will then not be concluded in accordance with this deviating
acceptance, unless CNC-service.nl indicates otherwise.
2.4.
A composite quotation does not oblige CNC-service.nl to perform
part of the assignment for a corresponding part of the stated
price. Offers or quotations do not apply to future orders.
2.5.
An agreement is only concluded between the parties at the moment that CNC-service.nl confirms
an order made or an accepted offer by means of written
order confirmation, or from the moment that CNC-service.nl implements this after
receipt of the order.
2.6.
CNC-service.nl may at all times require the Other Party to
provide CNC-service.nl with appropriate security for the fulfillment of its obligations in advance.
In particular, this could include issuing a bank guarantee.

Article 3 Performance of the agreement

3.1.
CNC-service.nl makes every effort to execute the concluded agreement as well as possible and within
the stated term(s). Specified periods are always
target dates. If a term has been agreed or specified for the completion of certain activities or for the delivery
of certain items,
exceeding this term will therefore not constitute a shortcoming under the agreement.
In addition, delivery dates are never strict deadlines within the meaning of the Dutch Civil
Code. A notice of default is therefore required for default.
3.2.
If CNC-service.nl requires information from the Other Party for the execution of
the agreement, the execution period will not commence until after the
The other party has made these available to CNC-service.nl correctly and completely.
3.3.
If the agreement is executed in phases, CNC-service.nl can suspend the execution
of those parts that belong to a following phase until the Other Party has approved
the results of the preceding phase in writing . 3.4. CNC-service.nl is entitled at all times to increase an agreed price if the increase in the price results from an authority or


 

obligation under the law or regulations, or is caused by an increase in the price of raw materials, wages, or on other grounds that were not reasonably foreseeable
when the agreement was entered into.
A price change will be
announced in advance. If the other party sees a reason
to terminate the agreement, it must make this
known as soon as possible, but at the latest within 24 hours. In that case, only the
costs incurred up to that point will be charged.

Article 4 Suspension, dissolution and early termination of the
agreement

4.1.
CNC-service.nl is, in addition to its statutory powers, entitled
to suspend the fulfillment of its obligations if:
 the Other Party does not fulfill its obligations, not fully or not on time;
 Circumstances that have come to the attention of CNC-service.nl give good grounds to
fear that the Other Party will not fulfill its obligations, at the discretion
of CNC-service.nl;
 the Other Party has been requested to provide security for the fulfillment of its
obligations under the agreement and this security is not forthcoming or
is insufficient;
 with regard to the Other Party, its bankruptcy / suspension of payments
is requested or pronounced, or attachment is charged to the Other Party
is being laid.
4.2.
In addition to the statutory provisions, if the Other Party
fails to fulfill its obligations arising from the agreement, CNC-service.nl is always
entitled to dissolve the agreement with immediate effect without
any obligation on its part to pay any compensation or
compensation, while the The other party, on account of breach of contract,
is obliged to pay compensation. In any case, if the agreement is
dissolved, the Other Party, in addition to obligations arising from the law, is obliged
to pay CNC-service.nl a fee equal to the
work performed up to that point.
4.3.
Furthermore, CNC-service.nl is always authorized to dissolve the agreement if
circumstances arise of such a nature that fulfillment of the
agreement is impossible or if other circumstances arise
that are of such a nature that unaltered maintenance of the agreement
cannot reasonably be expected . can be required of CNC-service.nl. This may include
, for example, the event that
circumstances come to light during the performance of the work that mean that the agreement cannot
be performed as foreseen, for example because defective parts cannot be repaired
or replaced.
4.4.
Also in the event of liquidation, of (application for) suspension of payments or

bankruptcy, attachment - if and insofar as the attachment
is not lifted within three months - at the expense of the Other Party, debt restructuring or
another circumstance as a result of which the Other Party can no longer freely
dispose of its assets, CNC-service.nl is free to terminate the agreement
immediately and with immediate effect or to
cancel the order or agreement, without any obligation on its part to pay any
compensation or compensation.
4.5.
A request to cancel the order will only be approved against
payment of a fee to be determined by CNC-service.nl for the
costs already incurred and profits lost due to cancellation. CNC-service.nl
has the right at all times to refuse a request for cancellation.

Article 5 Price and payment

5.1.
Unless expressly agreed otherwise, CNC-service.nl will charge
its usual prices for the work it performs. All
prices quoted by CNC-service.nl are exclusive of VAT.
5.2.
If a price has been agreed and the execution of the agreement by
–CNC-service.nl takes more time or entails more costs than it
could reasonably expect, CNC-service.nl is entitled
to adjust the agreed price in accordance with the work actually performed. .
5.3.
CNC-service.nl will pay a price increase in accordance with article 5.2.
inform the other party in advance . In such a case, the other party is authorized to
14 days after the relevant notification has been made,
to dissolve the agreement with CNC-service.nl, in which case compensation
is due for the work already performed at that time.
5.4.
CNC-service.nl is always entitled to demand
advance payment of the (reasonably expected) price prior to the execution of the agreement
. CNC-service.nl is also entitled to
make interim invoices during the term of the agreement.
5.5.
All invoices sent by CNC-service.nl must
be paid within 14 days of the invoice date, unless otherwise agreed. Complaints about the invoice
must also be made known within this period, on pain of forfeiture
of all rights. If payment is not made on time, the
other party will be in default by operation of law, without any further
notice of default being required. During the default of the Other Party, CNC-service.nl is
entitled to an interest payment of 1.5% per month on the outstanding
amount, whereby part of the month is counted as a whole month.
In addition, reimbursement of the actually incurred (extra)judicial costs

payable, which are fixed at 15% of the outstanding amount, unless the
actual costs are higher. Payments made by the Other Party are
primarily intended to reduce the costs, then to reduce the
interest due and finally to reduce the principal sum.
5.6.
With regard to what the Other Party owes CNC-service.nl, the
Other Party cannot invoke suspension or set-off, on any ground whatsoever
.

Article 6 Warranties, research and complaints, limitation period
6.1.
Goods delivered by CNC-service.nl meet the usual requirements and standards
that can reasonably be set at the time of delivery and
for which they are intended under normal use in the Netherlands. When used outside
the Netherlands, the Other Party itself must verify whether the delivered goods are suitable
for its intended use. CNC-service.nl does not guarantee that
items delivered by it can be used outside the Netherlands. Services provided by CNC-service.nl
, including in particular repairs and expert
investigations, always concern best efforts obligations. CNC-service.nl truss
itself, as much as may be expected of it, to achieve the
objectives and repairs desired by the Other Party, but does not guarantee that its
efforts will lead to this.
6.2.
The warranty referred to in paragraph 1 of this article applies for a period of 24 months
after delivery of repaired goods and for 24 months after delivery of sales,
unless the nature of the delivery dictates otherwise or the parties have
agreed otherwise. If the warranty provided by CNC-service.nl concerns an item
that was produced by a third party, then the warranty is limited to the warranty
as provided by this third party to CNC-service.nl, unless stated otherwise.
6.3.
CNC Service
_
_
vanCNC-service.nl
, the Other Party or third parties have made
or attempted to make changes to the item, other items have been attached
to it that should not be attached to it or if they have been processed or processed
in a manner other than the prescribed manner. The Other Party is also not
entitled to a warranty if the defect is caused by or is the result of
circumstances beyond the control of CNC-service.nl, including
weather conditions.
6.4.
The Other Party is obliged to inspect the delivered goods or have them examined as soon as
reasonably possible from the moment the goods are
made available to it. In doing so, the Other Party must (insofar as reasonably possible)

examine whether the quality and/or quantity of the delivered goods corresponds to
what has been agreed and meets the requirements that the parties have
agreed in this regard. Defects must be reported in writing to CNC-service.nl within seven days of delivery
, on pain of forfeiture of all rights. Defects that come to light at a later date
, only insofar as they could not reasonably have been discovered earlier , must be reported to CNC-service.nl in writing
immediately, but in any case no later than three days after their discovery.
The report
must contain as detailed a description as possible of the defect, so that
CNC-service.nl is able to respond adequately. The Other Party must serve CNC-service.nl
to give the opportunity to investigate a complaint (or have it investigated) and
to forward it to CNC-service.nl on first request at its own expense.
6.5.
If it is established that a good or service has been delivered defective and a complaint has been lodged in time
, CNC-service.nl will replace the defective good within a reasonable period after
receipt thereof or (if return is not reasonably possible)
written notification with regard to the defect: , or
arrange for its repair, or credit the amount charged for the case
, all this at the discretion of CNC-service.nl. In the event of replacement or
repair, the Other Party is obliged to return the defective item at its own expense
CNC-service.nl to be returned, unless CNC-service.nl indicates otherwise. If the
other party is of the opinion that CNC-service.nl has not fulfilled its obligations under the
agreement or has not fulfilled it correctly or insufficiently, it is at all
times obliged to return the goods repaired and/or delivered by CNC-service.nl to
it . to return it, in order to give it the opportunity to correctly fulfill its obligations
under the agreement. If the other party does not
comply with this obligation, any right with regard to the non-compliance will lapse. No compensation is owed by CNC-service.nl
other than what is stipulated in this article.
6.6.
If it is established that a complaint is unfounded, for example because a
defect has arisen due to improper use, then the costs incurred as a result,
including the research, testing and transport costs, will be borne by the
Other Party.
6.7.
Contrary to the statutory limitation periods, the limitation period for
all claims and defenses against CNC-service.nl is one year, to be calculated from the
moment the claim arose.

Article 7 (Non) Performance
7.1.
CNC-service.nl is not obliged to fulfill any obligation towards the
Other Party if it is prevented from doing so as a result of a circumstance that
is not due to fault, and neither under the law, a legal act or
generally accepted comes to her account.
7.2.
Force majeure means in any case between the parties: strikes, shortage of

products, shortage of labour, technical malfunctions, lack of raw materials,
power/water failure, defective or incomplete fulfillment by third parties, including
postal and parcel services, all this regardless of whether the relevant
circumstance belongs to CNC-service.nl to calculate.
7.3.
CNC-service.nl can suspend its
obligations during the period that the force majeure continues. If this period lasts longer than two months,
each of the parties is entitled to dissolve the agreement, without being obliged
to pay compensation to the other party. Insofar as CNC-service.nl has already fulfilled
its obligations under the agreement at the time of the occurrence of force majeure
has partially fulfilled or will be able to fulfill these obligations, and the part fulfilled
or to be fulfilled has independent value, CNC-service.nl is
entitled to invoice the part already fulfilled or to be fulfilled separately
. The Other Party is obliged to pay this invoice as if it were
a separate agreement.

Article 8 Retention
of title 8.1.
The goods produced, delivered and yet to be delivered by CNC-service.nl remain
the property of CNC-service.nl until the other party has paid all that it has for the
goods produced, delivered or yet to be delivered on the basis of an agreement
with CNC-service.nl. owed and will be owed to CNC-service.nl
.
8.2.
Goods subject to CNC-service.nl's retention of title may only
be resold by the other party in the context of its normal business operations.
8.3.
In the event that the other party does not fulfill its obligations towards CNC-service.nl,
or if there is a well-founded fear that the other party will not do so, CNC-service.nl is
service.nl is entitled to remove or have removed delivered goods that are subject to retention of title from the
other party or third parties who hold the goods for the other party
. The other party must fully cooperate with CNC-service.nl in this regard
, failing which the other party will forfeit to CNC-service.nl an immediately due and
payable penalty of 10% of the amount owed by the other party for
each day that it owes CNC-service. nl fails to provide its cooperation
.
8.4.
All goods delivered by CNC-service.nl to the Other Party are delivered
subject to an undisclosed pledge on behalf of CNC-service.nl, which pledge
refers to everything that the other party owes or
will owe to CNC-service.nl.

Article 9 Delivery and transfer of risk
9.1.

CNC-service.nl chooses the means of transport with which the intended deliveries
take place. Delivery takes place at the address indicated in advance by the other party
.
9.3
If the Other Party refuses to take delivery or is negligent in providing information
or instructions that are necessary for the delivery, CNC-service.nl is entitled
to store the goods at the expense and risk of the Other Party.

Article 10 Intellectual property
10.1. The other party guarantees that CNC-service.nl will not infringe any intellectual property rights of third parties
by executing the agreement and that the performance of these activities is not unlawful towards any third party. The other party indemnifies CNC-service.nl against all claims from third parties in this regard. 10.2. If CNC-service.nl suspects that the rights of third parties as described in the first paragraph are being infringed, it is entitled to either suspend the fulfillment of its obligations under the agreement until it is conclusively established that no infringement of rights of third parties takes place, either the









to dissolve the agreement. In both cases CNC-service.nl is not liable for compensation
to the other party and the costs incurred by CNC-service.nl are for the
account of the other party.
10.3.
If (new) intellectual property rights arise during the execution of the agreement by CNC-service.nl
, these will be vested in CNC-service.nl.
10.4.
CNC-service.nl grants the Other Party a non-exclusive and non-transferable
right of use with regard to the intellectual property rights referred to in paragraph 3
.
10.5.
CNC-service.nl has the right to use the knowledge gained by the execution of an agreement
for other purposes.

Article 11 Liability
11.1.
CNC-service.nl is never liable towards the Other Party for an
amount higher than the price that the Other Party
owed to CNC-service.nl in the context of the relevant agreement.
11.2.
CNC-service.nl is not liable for damage caused by the conduct of
itself, its employees and/or persons engaged by it, unless there is

of intent or gross negligence on the part of CNC-service.nl itself or its managerial
subordinate(s).
11.3.
CNC-service.nl is not liable for damage resulting from a defect
or defects in goods delivered to CNC-service.nl, which it has
supplied to the other party, unless and insofar as CNC-service.nl can stories on its
supplier.
11.4.
CNC-service.nl is never liable for consequential damage and/or pure financial loss
; including consequential damages, lost profits, lost
savings and damage due to business interruption.
11.5.
CNC-service.nl is not liable for the consequences of loss of data,
software settings and parameters that are located on
items offered for repair or examination. Nor is CNC-service.nl liable for the
loss of company warranty on items offered for repair or examination.
11.6.
If the Other Party should be in default in the proper fulfillment of
what it is obliged to towards CNC-service.nl, the Other Party is
liable for all damage (including costs) on the part of CNC-service.nl
as a result, directly or indirectly . originate.

Article 12 Applicable law and competent court
12.1.
All legal relationships to which CNC-service.nl is a party are exclusively governed
by Dutch law, even if an agreement is wholly or partially
performed abroad or if the party involved in the legal relationship
is domiciled there. The applicability of the Vienna Sales Convention
is excluded.
12.2.
All disputes will be settled amicably or, if that
proves impossible, by the absolutely competent court in Groningen. CNC-service.nl is, however
, entitled to submit any disputes to the court that is
is authorized by law to take cognizance of the dispute.