1.1 These general terms and conditions apply to all our offers, to orders placed with us, to activities carried out by us, to deliveries made by us and to any other tasks performed by us. The terms and conditions of our client and/or third parties shall not apply, not even if we have not explicitly rejected or contradicted them. Other terms and conditions than the present general terms and conditions can apply only if we have agreed to this in advance in w riting.

1.2 Clients or customers indemnify us against claims by third parties w ith respect to whom we cannot invoke these terms and conditions, inasmuch as our liability should be excluded, if the said third parties w ere held to these terms and conditions. We are entitled to invoke our terms and conditions also in case of claims against us that
do not fall w ithin a contract.

1.3 Oral agreements and stipulations w ill be binding on us only after having been confirmed by us in writing. Within eight days after a request in writing for that purpose from the client has reached us, w e shall state in w riting w hether we accept agreements and stipulations as referred to in the first sentence of this paragraph.

1.4 When w e send goods on approval, 2% (tw o per cent) of the net invoice amount will be charged for administrative costs. Goods sent on approval that are not retained must be returned to us undamaged and postage paid w ithin 30 (thirty) days of dispatch.

1.5 Return consignments on w hich no prior consultation has taken place w ith us may berefused.

2. Prices

2.1 All offers made by us are free of obligation. We reserve the right to cancel sn offer free ofobligation w ithin three days after the acceptance of that offer has reached us.

2.2 If the prices agreed upon the conclusion of the agreement are raised w ithin three months after the conclusion of the agreement, the client is authorised to dissolve the agreement. This dissolution must be notified by a statement in w riting to that effect, addressed to us. This statement must have reached us not later than w ithin 8 (eight) days after the price increase has been communicated by us to the client.

2.3 Amounts are due in Dutch currency (euros).

2.4 All prices are free domicile, both in and outside the Netherlands.

3. Delivery

3.1 Deliveries are made ex w arehouse. In case of delivery in consignments each consignment w ill be regarded as a separate transaction.

3.2 For all deliveries the insurance and transport costs will be charged separately on the invoice.

3.3 We must be consulted in good time in connection w ith compensation for transaction damage suffered by delivered goods. The burden of proof of transport damage lies w ith clients.

3.4 The statement of delivery dates is alw ays made by approximation only, unless explicitly agreed otherw ise. Stated delivery times can never be regarded as deadlines, unless explicitly agreed otherw ise. In case of overdue deliveries w e must therefore be declared in default in writing.

4. Complaints

4.1 Complaints brought later than 8 days after the date of dispatch will not be allow ed by us. Complaints reaching us later than 8 days, but not later than w ithin three months after the date of dispatch w ill be allow ed by us only if they concern a defect in the goods delivered with respect to which the client makes it sufficiently plausible that he has not been able to discover this defect sooner and if the client has communicated this defect to us in writing within 8 days of having discovered this defect.

4.2 Upon w ritten request by the client the relevant consignment w ill be replaced. If
replacement is not reasonably possible, w e w ill be authorised instead of replacement to proceed to reimbursement of the purchase price paid for this consignment.

4.3 In case of complaints, clients are not allow ed to suspend the payment obligation.
If it is plausible that the complaint w ill be allow ed as justified, suspension of the payment obligation w ill be allow ed only inasmuch as the nature of the alleged defect justifies such suspension.

5. Liability

5.1 ART UNLIMITED w ill only be liable for incorrect performance of any obligation or for unlawful acts, up to the amount that has been or w ill be invoiced for the products that have caused the damage. ART UNLIMITED w ill not be liable for any other damage. ART UNLIMITED w ill not be liable for any form of consequential loss, w hich includes (but is not limited to) damage resulting from late delivery and loss of profit.

5.2 The limitation of liability referred to in these General Terms and Conditions w ill not apply if the damage has been caused deliberately or if it results from gross negligence on the part of ART UNLIMITED or its management or executive staff.

5.3 The right to claim damages on w hatever ground, to claim dissolution of the agreement or to terminate the agreement, or to claim compensation for any goods delivered will in any case lapse as from 1 (one) year after delivery.

6. Force majeure
ART UNLIMITED will not be liable for any damage resulting from circumstances beyond the control of ART UNLIMITED and/or from facts that cannot be attributed to an error by ART UNLIMITED, or by virtue of the law , agreement or prevailing opinion (?force majeure?). If the period w ithin w hich ART UNLIMITED cannot fulfil its obligations exceeds or w ill exceed two months, either party w ill be entitled to terminate the agreement w ithout any judicial intervention and w ithout any obligation to compensate the other party for the damage. Within the meaning of this Article, force majeure w ill also be understood to mean strikes, suspension of delivery by suppliers and transport problems.

7. Payment

7.1 All our prices apply net cash. Payments must be made w ithout any discount w ithin 14 (fourteen) days after the invoice date. After this period an amount of 2% (two per cent) per month w ill be charged on the invoice amount of unpaid invoices for interest and administrative costs, exclusive of insurance and transport. Any part of a month w ill be counted as a w hole month.

7.2 When w e deem it necessary, we can make our delivery dependent on payment in
advance, cash on delivery or a bank guarantee.

8. Retention of title

8.2 In the event of subsequent delivery of similar goods the customer w ill be obliged to prove that the goods w hich we subject to retention of title have been paid.

8.3 The customer is obliged to administer the goods delivered by us w ith due care. Pursuant to this he must inter alia take care of adequate storage and of insurance.

8.4 The customer is not entitled to pledge any unpaid goods to third parties or to transfer the title to these goods by w ay of security.

8.5 The customer is obliged to return the goods that w e wish to subject to retention of title postage paid w ithin three days after receipt of a written request to that effect.

9. Collection

9.1 If in the event of overdue payment ART UNLIMITED proceeds to collection by judicial action or by other means, the amount to be collected w ill be increased by 10% (ten per cent) administrative costs, while the judicial and extrajudicial costs up to the amount paid or due by us w ill be for the account of the client/customer.

10. Applicable law and competent court

10.1 All disputes arising from or connected w ith any offer, order, activity, delivery or other performance w ill be settled according to Dutch law . All disputes w ill be submitted to the competent court in Amsterdam.

10.2 If the client/customer is a consumer w ho does not act in the performance of a
profession or business, he w ill have the right for the settlement of the dispute to choose the court w hich has jurisdiction according to the law . He must notify us of this choice in writing, w ithin six w eeks after we have invoked the stipulation of this Article in writing visà-vis the client/customer.

10.3 Insofar as these general terms and conditions of delivery have been draw n up in
another language than Dutch, the Dutch text w ill be decisive in case of any dispute.