General delivery and payment conditions of Kangaderoo:
Article 1: Definitions
1. Kangaderoo as defined in these conditions shall mean the party to whom an order for purchase has been given
2. Client as defined in these conditions shall mean the natural or legal person placing the order.
3. Goods and Services as defined in these conditions refer to the product for with the order is placed by the client.
4. Performance as defined in these conditions is understood the work Kangaderoo under the agreement for the client will perform.
Article 2: Applicability
1. These conditions shall apply to all quotes and contracts issued by Kangaderoo to the Client, unless Kangaderoo explicitly deviated from these conditions.
2. If the client uses general terms and conditions, the terms and conditions of Kangaderoo will prevail in case of conflicts, unless Kangaderoo expresses written consent to such derogations from the General Conditions.
3. The client accepts the applicability of these conditions by the mere fact of its order.
Article 3: Offers
1. All quotes of Kangaderoo are without engagement unless otherwise agreed in writing.
2. Kangaderoo reserves the right to refuse orders without giving reasons, to demand payment in advance or alter payment conditions. All in accordance with the specification in the quotation.
3. The hours for project management, supervision graphic design and technical realization are estimated based on knowledge and experience.
4. Prices are exclusive of VAT unless otherwise stated in the relevant quote.
Article 4: Agreement
1. An agreement to deliver Goods and Services is confirmed by a written confirmation by Kangaderoo or, if written confirmation is not forthcoming, after Kangaderoo started with the required performance. The order confirmation is considered a correct and complete representation of the agreement, unless the client objects to it within 5 working days.
2. In case there is more work this will automatically affect the agreed price and at the agreed time of delivery. All this comes at the expense and risk of the Client.
3. Where a change in the agreed goods and/or services results in less work this could result in a reduction of the agreed price is. Kangaderoo reserves the right to charge the Client the costs already incurred and a compensation for the lost profits.
4. Additional work will, as far as possible and at least before its implementation, by Kangaderoo be communicated in writing to the client. The client shall be deemed to have agreed to the implementation of that more work, with the associated costs and change in delivery date, unless the Client in writing opposes to the additional work, but in any case within 5 days after such notification by Kangaderoo.
5. By circumstances or actions of third parties, outside the control of Kangaderoo, Kangaderoo cannot guarantee that the good or services as delivered will function with all smart phones and/or QR reader apps!
Article 5: Delivery
1. The terms of delivery in quotations, confirmations and / or contracts are made in good faith and will as far as possible be respected, but they are not binding.
2. Delivery by Kangaderoo will be deemed to have taken place when the goods and services as defined in the order confirmation has been handed to the custody of the Client.
3. If an order is send electronically, the time recoded on the sending equipment shall be deemed the time of delivery.
4. The performance is considered complete:
- After disclosure of Kangaderoo that the delivery is complete and the client has approved the goods and services.
- After a period of 7 working days after the notification referred to above, without the client's approval of the goods and services.
Article 6: Price
1. All prices and rates are in Euros and include VAT and other levies imposed by the government.
2. Possible installation, commissioning, demonstration and assembly and other costs associated with making a delivery costs are, unless otherwise agreed in writing, not included in the price.
3. Prices are based on the offer prices, exchange rates, taxes, duties, etc. that are valid at the time of the quote. In case of an increase of one or more cost factors Kangaderoo is entitled to the change the price accordingly. Such a price increase does not give the Client the right to terminate the agreement.
Article 7: Payment
1. Unless otherwise agreed, the Client shall complete the payment of the invoices of Kangaderoo within 14 days after invoice date, without any discount, deduction or invoke delay.
2. If any amount of the invoice is disputed by the Client, the Client shall inform the Kangaderoo of the grounds for such dispute within 7 days of delivery of the goods and shall pay to the Kangaderoo the value of the invoice less the disputed amount in accordance with these payment terms.
3. In late payment as in paragraph 1 of this article, the principal addition to the amount and the interest payable, up to a complete compensation of both judicial and extrajudicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
4. Unless otherwise agreed, the invoice will be send by electronic mail (e-mail).
Article 8: Retention
1. Kangaderoo retains the ownership of all goods and services delivered until all its claims against the Client in respect to the purchase order have been fulfilled
2. Kangaderoo retains the right to place a copy of the delivered goods and services, in combination with the Clients name, on his website for advertisement purposes.
3. In case the Client does not fulfill any obligation arising from the legal relationship with Kangaderoo, in particular concerning the payment, or fails to not fully comply, Kangaderoo can revoke the Client right to use the delivered goods and services, in which case the agreement without judicial intervention is dissolved, Kangaderoo retains the to the right to claim costs, damages and interest.