The terms and conditions set forth herein contain the sole, entire and exclusive agreement between C Concept Design and the Client in this transaction superceding all prior discussions, proposals. negotiations, representations, and agreements. Any additional or conflicting terms,
whether or not material, shall not, in any manner by implication, by waiver, or otherwise, govern the relationship between C Concept and the Client. Any waiver, modification or amendment of these terms and conditions shall only be effective as against C Concept Design if such waiver, modification or amendment is contained in a written instrument duly executed by or on behalf of C Concept Design. Acceptance of this Agreement by C Concept is specifically conditioned upon the terms and conditions set forth herein.
(A) Delivery dates are based upon C Concept’s best judgment, are subject to production and printing limitations and delivery schedules, and hence are not guaranteed.
(B) It is the responsibility of the client to notify immediately that product has not been received on time or within the terms of the agreements.
(A) All orders shall be priced in accordance with C Concept Design’s in effect on the date of production or as specified in the contract.
(B) Except as set forth on the face hereof, C Concept Design fees do not include any tax or other charge now or hereafter imposed by law or regulation, domestic of foreign, upon any material herein sold or on the production, manufacture, sale, transportation, disposal or delivery thereof. Accordingly, in addition to the fee specified herein, the amount of any such tax or other charge applicable to this transaction herein shall be paid by Client, or, in the proper governmental authority. At its option, Seller may initially pay any such tax or other charges for the Client’s account and thereafter invoice the Client for same.
(C) It is the obligation of the Client to pay any copyright or usage feesfor photos or images use in booklets or other media for their use in presentation. The Client is responsible for the sourcing, legal fees and communcation of such images for the providers.
(d) Our standard prices: Director € 250,- /h; Senior Architect € 175,- /h; Designer € 150,- /h; Junior Designer € 50,- /h.
(A) Consultancy costs include all costs incurred in the contract or designation.
(B) Consultancy costs are charged as a flat fee or per hour at current standard prices.
(C) Time subject to charge includes all time spent in production, analysis, monitoring, travel, and client interface. This list is not exclusive.
(D) Project related expenses are to be fully reimbursed. This non-exhaustive list includes costs of travel, accommodation, printing, an courier services.
(E) A standard office administration charge will apply to all invoices at the discretion of C Concept Design.
(A) Payment for all shipments herunder shall be made by the Client against C Concept Design’s invoice within thirty (30) days from the date of invoice, terms net cash, unless otherwise indicated on the face hereof.
(B) In the event that payment is not made with thirty (30) days from the date of invoice, C Concept Design shall be entitled to interest on the unpaid balance at the highest legal rate permitted from the due date of invoice.
(C) If at any time, in C Concept Design opinion, the financial responsibility of Client becomes impaired or unsatisfactory services work and delivery can be withheld.
(D) In addition to any other legal remedy, if Client fails to fulfill the terms of payment, C Concept Design may defer further delivery of goods hereunder or may, at its option, cancel all further delivery of services and product hereunder or may, at its option, cancel all further delivery of services and product to the Client.
(E) In the event C Concept Design is required to commence collection action to recover unpaid invoices for services sold and delivered. C Concept Design shall be entitled to interest on the unpaid balance at the highest legal rate permitted from the due date of invoice, attorney’s fees of 15% of the amount due, and costs of suit.
- FORCE MAJEURE
(A) Any delays in or any failure of performance or delivery by the Client shall not constitute default or give rise to any claims for damages if and to the extent caused, directly or indirectly, by acts of God, acts of the Client, acts, rules or regulations of governmental authority (civil or military, executive, legislative, judicial or otherwise), strikes or other concerted acts of workers, lockout, labor difficulties, fires, floods, store, accident, earthquakes, tidal waves, or other natural disasters, epidemics, war, riots, rebellion, sabotage, insurrection, difficulties or delays in public transportation or in public or postal delivery services, car shortages, fuel shortages, inability to obtain from C Concept Design usual sources of supply, inability to obtain suitable or sufficient energy, labor, machinery, facilities, supplies or materials, as when required, failure of any third party to honor it’s contractual dissimilar nature.
(B) When any such circumstance or circumstances exist as enumerated in 5 (A). C Concept Design shall have the right, in its sole discretion to allocate its available production, deliveries, services, raw materials or other resources among any or all purchasers, as well as among departments, divisions, subsidiaries and affiliates of C Concept Design, upon any such basis as C Concept may determine, without liability to C Concept Design whatsoever for any failure of performance for Client which may result therefrom. In any event, C Concept Design may determine not to allocate any of its available production, deliveries, services, raw materials or other resources to the Client, without liability to the Client whatsoever for any failure to perform which may result therefrom.
- INTELLECTUAL PROPERTY INFRINGEMENT
C Concept Design holds the sole copyright and intellectual property rights of all the product and designs it produces and of photos created of our concepts, designs and products. It is for the Client to request written approval prior to the copying, modifying, use of images on all online platforms and printing of any of the material produced by C Concept Design.
- LIMITED AND EXCLUSIVE WARRANTY
C Concept does not provide any warranty on the product it services or printing services
(A) In no event will C Concept Design on be liable for indirect, consequential, special or exemplary damages, whether based in contract, tort, strict liability, warranty or otherwise.
(B) In no event shall the aggregate liabilities of C Concept to Client arising out of or relating to the transactions, herein exceed the contact fee paid by Client to C Concept hereunder of the materials in respect of which such claim is made.
(C) All Claims for defects hereunder must be presented to C Concept Design in writing within ten (10) days after delivery to the Client. Failure of the Client to give such notice shall constitute a waiver by Client of all claims in respect thereto. C Concept Design shall have an opportunity of verifying any such defect before materials are used by the Client, where the defective or nonconforming materials are replaced by C Concept Design or C Concept refunds the sales price received from the Client for such materials, if requested by C Concept Design. Failure to comply with these provisions shall invalidate any claim by the Client for defects in materials by Client.
The Client assumes all risk and liability for loss, damages or injury to persons or to the property of the the Client or others arising out of the use of presence of the materials purchased hereunder. Buyer agrees to indemnify and hold harmless C Concept against any liability, damages, losses, costs, and expenses in connection with any suit or claim including but not limited to, any loss of use, loss of profits, damages or injuries to persons or property arising out of or relating to any use of materials purchased by the Client, the Client’s customers, or other third parties.
Seller may cancel this Agreement at any time in the event that the Client shall fail to perform or observe any term or condition hereof by giving Buyer ten (10) days written notice of cancellation. Cancellation hereunder shall not prevent C Conept from pursuing any other remedy available to Seller by law or from seeking all such damages to which Seller may be entitled.
(A) The Client shall not assign or transfer the Agreement or the benefits thereof without the prior written consent of C Concept Design.
(B) This Agreement shall be governed by and construed according to the laws of the Netherlands.