GENERAL TERMS & CONDITIONS DUTCHBAND


IMPORTANT NOTICE: This document is a direct translation of our original Dutch terms and conditions and is therefore not binding and only provided  for customers’ convenience. Please use the original Dutch text as the exact general terms and conditions.

1. Contracts
1.1 On all contracts with Dutchband BV, except as otherwise agreed, the following conditions apply. Dutchband BV does not accepts (delivery) terms of the customer/principal, unless explicitly  agreed otherwise.
1.2 The contract is formed by placing a written or oral order with Dutchband BV and the acceptance thereof by Dutchband BV. The principal accepts these terms with his order or request for an offer. An order or request for an offer is considered accepted by Dutchband BV if Dutchband BV has not explicitly expressed the opposite to the other party within eight (8) days after receipt of the order or request for an offer.
1.3 Any offers made by Dutchband BV are without engagement, unless otherwise stated. The offer price is valid for thirty days, unless otherwise indicated. Offers are based on information that is possibly provided by the other party at the time of the order or request for an offer, whose accuracy Dutchband BV may assume. The content of leaflets, brochures and price lists are with a proviso and do not bind Dutchband BV.
1.4 The information given by the counterparty with any order or request for an offer will be included in the customer database of Dutchband BV. The customer database will not be sold to third parties.

2. Payment
2.1 Unless otherwise agreed in writing, the principal should pay all invoices before the start of production in the way that Dutchband BV has indicated in the bill in the given currency, without being able to invoke any discount, compensation or suspension.
2.2 Production will not be started until receiving (proof of) payment, it is up to the customer to fulfill the payment in time to leave enough time for production.
2.3 Unabated to the consequences that the Civil Code gives to being in default, Dutchband BV will claim compensation of the principal for of-court legal assistance, which is fixed at 15% of the capital sum, with a minimum of € 34 , - (including VAT) in case of (late) payment of an invoice.
2.4 The payments made by the couterparty are first to settle all interest and costs and secondly to settle the invoices which are due the longest, even if the other party indicates that the payment relates to an invoice by a later date.
2.5 The counterparty may not settle a dept under this agreement  with any claim on Dutchband BV.
2.6 At all times Dutchband BV reserves the right to secure the payment or to demand advance payment. Any of its obligations may be suspended until the required security is provided.
2.7 Delivered goods remain the property of Dutchband BV until full payment of the invoice and other costs, including the costs mentioned in art. 2.3, has occurred.

3. Complaints / Returns
3.1 Complaints about goods or services and / or objections to invoices have to be submitted to Dutchband BV within eight days of the invoice date. Complaints or objections do not suspend the payment obligation.
3.2 Returns are only accepted - with the permission of Dutchband BV - when the principal has met the provisions of art. 3.1, the goods are undamaged and in original packaging and when they are rapidly returned.

4. Liability
4.1.1 If Dutchband BV is liable, this liability is limited to what this provision states.
4.1.2 Dutchband BV is not liable for damage of whatever nature, created by Dutchband BV's assumptions that are the result of incorrect or incomplete information given by the counterparty.
4.1.3 Dutchband BV is only liable for direct damage.
Direct damage is only:
a. the reasonable costs to establish the cause and extent of the damage, where the establishment relates to damage under these terms;
b. any reasonable costs incurred to make the poor performance of Dutchband BV to live up to the agreement, provided that this can be attributed to Dutchband BV;
c. reasonable costs incurred to prevent or mitigate damage, insofar as the counterparty can proof that these costs have led to the limitation of direct damage under these terms.
4.1.4 Dutchband BV is not liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business or other stagnation. In case of a consumer purchase this restriction does not extend beyond those that are permitted under paragraph 2 of Article 7:24 Dutch civil code.
4.1.5 if Dutchband BV will be liable for any loss or damages, liability of Dutchband BV is limited to a maximum EUR 1,000,000.
4.1.6 the limitations of liability in this article do not apply if the damage is due to intent or gross negligence of Dutchband BV or its management and / or employees.
4.2 The delivery times will never be regarded as deadlines, unless expressly agreed otherwise in writing. Dutchband BV is not liable for costs of the principal or third parties arising from a late delivery.
4.3 In these terms by force majeure is meant circumstances that happen free of the will of the parties and / or unforeseen circumstances in which case fulfillment of the contract can no longer reasonably be required by the principal of Dutchband BV. This includes in any case the following circumstances: transportation difficulties, fire, strikes, government measures, business failures, the fact that one of our suppliers does not, either promptly or properly, deliver to us.
4.4 If in our opinion the force majeure is of a temporary nature, we have the right to suspend the execution of the agreement until the fact that causes the force majeure will not be repeated.
4.5 If in our opinion the force majeure of a permanent nature, the principal may arrange with us an agreement to dissolve the contract and the related consequences.

5. Limitation period/experation date
5.1 Any legal actions against Dutchband BV, including claims for damages, have a limitation period and / or expire after one year after the claim(s) arose.

6. Changes
6.1 Changes or additions of the contract and the general terms are only valid if they are in writing and are signed by both parties.

7. Partial nullity
7.1 If any condition of the agreement and / or general terms proves to be invalid, this shall not affect the validity of the entire agreement. The parties shall replace the condition(s) with (a) new condition(s) to which the intent of the original agreement is given to the extent that is legally possible.

8. Disputes and applicable law
8.1 All disputes concerning the formation, interpretation or execution of an agreement with Dutchband BV will be brought exclusively before the competent court in Amsterdam. If this is a different court than regular court, Dutchband BV gives the principal/customer a period of one month  to decide(in writing) to settle the dispute by the competent court, after Dutchband BV has invoked this clause.
8.2 On the agreement, the interpretation of the agreement and implementation of the agreement Dutch law applies.
8.3 The counterparty indemnifies Dutchband BV against all claims in connection with this agreement by third parties. The indemnification includes all damages and costs Dutchband BV may suffer or incur in connection with such a claim.

These general terms are deposited at the Chamber of Commerce in Amsterdam
 

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August 2011, Vijfhuizen (NL)Mystery Land 2011

How do you make sure 56.000 visitors get their tokens hassle free? During Mysteryland festival, dance lovers were able to get their tokens from 56 CASH and PIN Vending Machines. These vending machines were scattered over the extremely large site, which made getting tokens just a short intervention of the partying.

July 2011, Balado, UKT IN THE PARK 2011

T in the Park was in 2010 one of the first events in the UK to use the Dutchband SealStations. The entry of the 80.000 visitors was really fast and everybody absolutely loved the new wristband. In fact, they loved it so much that they used the system again for the 2011 edition.

January 2014, Groningen (NL)Eurosonic

In 2014 Eurosonic made use of Dutchband RFID wristbands. Thanks to the RFID chip in the wristband, a quick scan showed whether or not or a visitor was entitled to access. The system also showed how many people were in which venue at any given moment; a major benefit for safety.

July 2011, Rotterdam (NL)North Sea Jazz 2011

In a venue with no less than 13 concert halls, 62 Dutchband vending machines make sure that all 65000 visitors can get their tokens in a matter of minutes. This way, North Sea Jazz is a unique and legendary festival that uses up-to-date technology.

April, Bologna (IT)Sensation Italy 2013

The first Sensation in Italy was sold out and a great succes! In the Unipol Arena 12.000 people gatered in white and had a great time. It was the first time the Dutchband tokens were used on this scale in Italy and they were a great succes. The wristbands for VIP’s also left a very good impression with the Italian public.

April, Milano (it)Elita design week

For the second year in a row Dutchband supplied all the wristband for the Elita Design week festival 2013. During the 6 day festival the visitors, staff, press and VIPs wore the special Dutchband entrance wristbands. People were very enthusiastic about the design and comfort of the wristband.

August 2012, Biddinghuizen (NL)LOWLANDS 2012

Lowlands and Dutchband have been working together for years. At the biggest festival of the Netherlands, this means that thanks to no less than 70 CASH and PIN Vending machines, no visitor has to wait long for their tokens. And that's not the end of it: Dutchband provides the Sealstation wristbands and the wristbands for crew and artists. And those are plenty at this exciting festival!

September 2012, Weeze (DE)Q-base 2012

Dancefestival Q-Base is the first festival in Germany to use the Mobile Countertop Terminals. And even on the remote site of this festival (the airstrip of Weeze) all the visitors had no problems whatsoever to buy their tokens in a fast and efficient way.

June 2013, Dessel (BE)Graspop MM 2013

This year Graspop Metal Meeting decided to once again use the Dutchband CASH and PIN vending machines to provide their 75.000 visitors with tokens. This way, all visitors of this ever growing festival have their tokens quicker than they can say "where's the booze".

July 2012, Lichtenvoorde (NL)ZWARTE CROSS 2012

If there is anything the visitors of Zwarte Cross (Black Cross) festival are fond of, it’s speed. And thanks to the SealStations they have been getting their wristbands nice and quickly. And less time spent at the entrance means more time to enjoy the spectacle that is Black Cross Festival.

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