Prowise :Prowise B.V. and its directly and indirectly affiliated enterprises;
Other Party :the co-contracting party of Prowise;
Agreement :any agreement between Prowise and the Other Party.
Any claims against Prowise except those acknowledged by the Seller, will lapse after twelve months have gone by since the claim has arisen.
The risk of loss or damage to the products that form the object of the Agreement will transfer to the Other Party at the time these products are legally or factually delivered to the Other Party and therefore in the Other Party’s possession or in the possession of third parties designated by the Other Party.
Prowise is obliged to retain the items or other goods which the Other Party’s end-user already has in its possession or will have in its possession until the Other Party has fully met all its obligations based on the Agreement. The risk for the items covered by the right of retention will remain with the Other Party.
If the Other Party acts on behalf of one or more others, it is undiminished liable to Prowise as if it was the actual Other Party, regardless of the liability of those others.
If the Other Party is a consumer, the provisions of these terms and conditions do not apply insofar they fall within the scope of Book 6 Section 236 of the Civil Code, nor insofar these conditions contravene mandatory provisions in any other way.
The general terms are available in Dutch, English and German. In the event of any inconsistency or in case of conflict, the Dutch version will prevail as the leading version.