Terms & conditions
General Terms and Conditions Interstate Audio B.V.
Art. 1 – All quotations provided by us are entirely non-binding. Quotations are valid for 30 days, unless otherwise specified.
Art. 2 – Orders and amendments thereto are only binding for us if they have been legally accepted or confirmed by us in writing, or if delivery thereof has commenced. Agreements or commitments made by employees who are not authorized are not binding unless these agreements or commitments are confirmed by us in writing.
Art. 3 – Our prices are exclusive of VAT. They apply to delivery at ground level to a delivery address within the Netherlands, provided that order costs valid at the time of the order will be charged for orders below the amount determined by us at the time of execution of the order. Information about order costs will be provided to the customer upon request.
Art. 4 – If any governmental measure changes cost-increasing taxes, levies, or import duties for the delivery of the products we supply, we reserve the right to pass on these changes, even if it has been agreed with the customer that the price will be fixed. This cannot lead to the cancellation of orders placed by the customer.
Art. 5 – If a change occurs in the exchange rate of the currency of the country from which we source the products in relation to the Euro as quoted on the Amsterdam stock exchange for the delivery of the products we supply, we reserve the right to pass on this deviation, even if it has been agreed with the customer that the price will be fixed. However, if the price increase exceeds 5%, the buyer has the right to terminate the agreement.
Art. 6 – An agreed delivery time is not a strict deadline unless explicitly agreed otherwise. In case of late delivery, other than due to force majeure, the buyer is entitled to issue a written notice of default, observing a reasonable period.
Art. 7 – In cases of force majeure, the execution of the order will be suspended until the force majeure situation has ended unless one of the parties, after 60 days following the occurrence of such a situation, notifies the other party in writing of the cancellation of the order, to the extent that it has not been executed.
Art. 8 – Force majeure includes illness, business interruptions, material defects, lack of raw materials, failure of third parties to deliver for any reason, transport difficulties, riots, strikes, natural disasters, exclusions, measures resulting from mobilization, acts of war, etc., even if these events occur with the manufacturer with whom we placed an order in connection with the order given to us. Pandemics and
cyber-attacks are explicitly added as force majeure situations.
Art. 9 – Payments must be made without any discount or compensation, within the period stated on the invoice. However, we reserve the right, at our discretion, to deliver against prepayment or cash on delivery.
Art. 10 If our claim is not settled on the due date, the customer is automatically in default, and interest of 1% per month is due on the outstanding amount from that moment.
Art. 11 – All costs incurred to collect the invoice amount, both judicial and extrajudicial, with a minimum of 10% of the outstanding invoice amount, are borne by the defaulting customer.
Art. 12 – When part of an order is ready, we may, at our discretion, deliver that part or wait until all ordered items are ready. In the case of deliveries of orders in parts as stated above, as well as in the case of deliveries of successive parts of an order by agreement, each delivery shall be deemed a separate agreement, which cannot be revisited after acceptance of the delivered good by the customer.
Art. 13 – The ownership of the products we supply does not pass to the customer until full payment has been made by the customer of all claims arising from all sales agreements we have with the customer. However, the products are at the customer’s risk after delivery and before ownership is transferred.
Art. 14 – In the event of non-payment of a due amount, suspension of payment, application for a moratorium, bankruptcy, or liquidation of the customer’s affairs, as well as, if the customer is a company, in the event of dissolution, we shall have the right, without judicial intervention, to terminate any agreement with the customer and reclaim any delivered but not fully paid items as our property, offsetting any amounts already paid to us, without prejudice to our right to claim compensation for any loss or damage. In such cases, any claim we have against the customer becomes immediately due and payable.
Art. 15 – Complaints relating to damage and shortages in a shipment received by the customer must be submitted in writing within two working days after the delivery date and must also be noted on the consignment note. Failure to comply with this shall result in the forfeiture of any related complaints.
Art. 16 – Complaints relating to material and construction defects must be submitted within the warranty period of 12 months with a copy of the purchase invoice from the end-user. Products eligible for warranty must be sent to us freight prepaid. Consumables such as faders, potentiometers, and switches are excluded from the warranty.
Art. 17 – In the event of complaints, the products to which the complaint relates must be made available to us. A complaint regarding a delivery cannot influence the settlement and payment of deliveries already made or yet to be made.
Art. 18 – If a customer, in our opinion, does not properly fulfill their role as a dealer of the brands we carry or conducts a business policy or provides service that damages or could damage the brands we carry, we reserve the right to withdraw any promised discounts, sales bonuses, and/or promotional reimbursements and to exclude them from further delivery.
Art. 19 – In case of damage, our liability, on whatever grounds, is limited to €2000 per incident. If the damage exceeds this amount, liability is extended to the amount for which any insurance policy taken out by us provides actual coverage or to the amount for which recourse against third parties proves possible.
Art. 20 – The marks, type designations, and serial numbers affixed to the products may not be changed or removed.
Art. 21 – Repairs, whether under warranty or non-warranty, are subject to additional terms stated in our Repair Service Agreement document.
Art. 22 – We adhere to the General Data Protection Regulation (GDPR) and process personal data solely in accordance with this legislation. Customers may exercise their rights regarding their personal data by contacting us.
Art. 23 – For digital products and services, additional provisions concerning usage rights and licenses apply, which are provided separately. In the event of a conflict between these terms and the additional provisions, the latter shall prevail.
Art. 24 – The right of withdrawal as stipulated in consumer legislation does not apply to business customers unless explicitly agreed otherwise. For consumers, the statutory rules on the right of withdrawal remain unaffected.
Art. 25 – All designs, documentation, software, and other materials provided by us remain our intellectual property. The customer is not permitted to copy, reproduce, modify, or use these materials for purposes other than agreed upon without our prior written consent.
Art. 26 – Any disputes between us and the customer shall be submitted to the exclusive jurisdiction of the competent court in Alkmaar, without prejudice to our right to apply to the court competent by law. All legal relationships between Interstate Audio and the customer are governed by Dutch law.