This price or fee is exclusively intended as the amount to be paid for the performance to be executed by Mega Stoffen, including the normal costs involved.The prices mentioned in the offer are based on the cost price factors, rates, wages, taxes, rights, expenses, cargo et cetera then known.If it then becomes apparent that the goods or materials have sustained damage, he has to take all measures to obtain damages from the carrier.
If Mega Stoffen should be liable for any other reason for any damage under the agreement, the damages payable will not exceed the invoice amount (exclusive of value added tax) with regard to the respective goods and/or services, with a maximum of EURO 50.00 (in words: fifty euros).d.
If the purchaser/client has purchase conditions in place, these purchase conditions will not be binding for Mega Stoffen in so far as they deviate from these terms and conditions of delivery.d.
Any deviation from these terms and conditions in offers, orders/agreements used or allowed by Mega Stoffen at any time to the benefit of the buyer/client can never be construed as the latter’s right to appeal to it later or to claim the application of such deviation for him/her as an established fact.e.
After the period mentioned above, the total amount that would be payable for purchase or compliance, increased with the costs and interest, could be claimed from the buyer/client, even without delivery of the said goods or services.
The payment will then be deemed made as damages to Mega Stoffen.f.
This means that if provisions in these conditions which due to their general character in such circumstances are at any time in conflict with the relevant legislation, they shall be subordinate to such. Goods delivered to the buyer/client by Mega Stoffen on the basis of measurements provided, wholly or in part, by the buyer/client cannot be legally returned by the buyer/client. Except for the provisions of Article 9 of these terms and conditions, Mega Stoffen is not liable for any damage caused either directly or indirectly by the items delivered – including extra work – not being in compliance with the agreement, unless this is due to Mega Stoffen’s intent or gross negligence.