Established at: Volmerstraat 10, 1112 AZ, Diemen
Registered at: Chamber of Commerce Amsterdam under number 33135645
1. Applicability
1.1. All our offers, agreements and their implementation are governed by these general terms and conditions. Deviations only apply if expressly agreed with us in writing.
1.2. “The other party” refers to any (legal) person who has concluded, or wishes to conclude, an agreement with our company, as well as their representatives, authorized agents, successors and heirs.
1.3. Mattijsen only supplies to companies. If a private individual places an order without clearly stating that he is not registered with the Chamber of Commerce, Mattijsen reserves the right to terminate the agreement unilaterally.
1.4. If the other party uses general terms and conditions, they are deemed inapplicable unless Mattijsen expressly accepts them in writing.
1.5. A copy of the applicable terms is always available at www.aem.nl/alv. By placing an order (verbally, by phone, by fax, etc.) and/or receiving delivered or rented goods, the other party is deemed to have agreed to these terms.
2. Offers and Information Provided
2.1. All offers are without obligation and valid for 14 days unless otherwise agreed in writing.
2.2. All information, drawings and data (measurements, weights, capacities, quantities, etc.) provided by AEM or its suppliers are compiled as accurately as possible and are only binding if expressly confirmed.
2.3. All publications are subject to changes, typing errors and printing errors.
2.4. Offers, drawings, models, diagrams, designs and calculations remain the property of AEM and may not be shared with third parties without written permission.
3. Agreement
3.1. An agreement is only concluded once we have confirmed an order in writing.
3.2. Later agreements or verbal promises by staff are only binding if confirmed in writing.
3.3. If no quotation or confirmation is sent (due to the nature of the work), the invoice counts as the order confirmation.
3.4. Every agreement is subject to the condition that the other party proves sufficiently creditworthy.
3.5. We may require advance payment or security before further performance.
3.6. AEM reserves the right to refuse orders without stating reasons.
4. Prices
4.1. All published prices may change due to cost-price changes unless agreed otherwise.
4.2. Unless stated otherwise, prices are:
- ex works
- excluding VAT
- excluding transport and insurance
- in Euros (exchange rate changes may be passed on)
4.3. All published prices are indicative and may change.
5. Deliveries and Delivery Time
5.1. Delivery time refers to the period within which Mattijsen expects to deliver.
5.2. Delivery times are indicative unless expressly agreed as binding.
5.3. AEM is never liable for exceeding delivery times.
5.4. Exceeding delivery times does not entitle cancellation or compensation.
5.5. Delivery takes place ex warehouse, unless agreed otherwise.
5.6. Partial deliveries are allowed and may be invoiced separately.
5.7. Goods not accepted after delivery time will be stored at the other party’s risk and expense.
5.8. Minor deviations in product characteristics do not justify cancellation or compensation.
5.9. The other party must check goods immediately upon delivery and report shortages or damage in writing.
6. Transportation
6.1. If the other party requests shipment without instructions, AEM determines the method.
6.2. Transport is always at the other party’s expense and risk unless agreed otherwise.
6.3. Transport is at the risk of the other party even with free delivery, regardless of transport note clauses.
7. Liability
7.1. By accepting delivered or rented goods, AEM is indemnified against claims except in cases of intent, negligence, gross negligence, or demonstrable product defects. AEM is not liable for improper use.
7.2. Liability is also assessed in relation to any applicable insurance.
7.3. Liability is limited to the agreed rental or purchase price.
7.4. AEM is never liable for indirect or consequential damages.
7.5. Fulfilling warranty or damage payments is considered full compensation.
8. Force Majeure
8.1. In the event of force majeure, AEM may suspend or dissolve the agreement without compensation.
8.2. Force majeure includes: war, riots, floods, strikes, government restrictions, supplier failures, and similar circumstances.
8.3. If force majeure delays delivery for more than 2 months, parties may dissolve the agreement and agree on compensation for AEM’s costs.
8.4. AEM may claim payment for services performed before force majeure occurred.
9. Complaints (Advertising)
9.1. Complaints must be submitted within 8 days after delivery.
9.2. If justified, AEM will repair or replace goods within a reasonable period.
9.3. Invoice complaints must be submitted within 8 days of invoice date.
9.4. After these terms, goods or invoices are deemed approved.
9.5. Complaints never release the payment obligation.
10. Warranty
10.1. Warranty applies only if a specific warranty period is stated on the order or invoice.
10.2. For products not manufactured by AEM, the manufacturer’s warranty applies.
10.3. Warranty lapses in case of improper use, ignoring instructions, unauthorized repairs, changes, or tampered numbers/seals.
10.4. Full warranty applies only within the Netherlands; outside NL only up to the equivalent Dutch cost.
10.5. Repaired goods are only warranted on the replaced parts.
10.6. Replacements do not extend warranty periods.
10.7. System warranty applies only if stated, and lapses under improper use or modifications.
11. Repairs
11.1. Repairs are carried out under these terms unless stated otherwise.
11.2. Shipping goods for repair is at the other party’s expense and risk.
11.3. Call-out costs may apply.
12. Maintenance
12.1. Maintenance is carried out by AEM’s service department and is at the customer’s expense unless otherwise agreed.
12.2. AEM is not liable for errors made by third-party maintenance services engaged with permission.
13. Copyright and Other Provisions
13.1. For audio production/editing agreements, the other party must possess full rights to all involved content.
13.2. The other party indemnifies AEM against claims from third parties regarding recordings or usage.
13.3. Copyright on materials (images, manuals, compositions, diagrams, etc.) remains with AEM even if produced on order.
13.4. Violation results in a penalty of €10,000 plus the right to claim full damages.
14. Payment
14.1. Unless agreed otherwise, payment must be made prior to delivery, or within 14 days if invoiced. Bank value date counts as payment date.
14.2. Payments are first allocated to interest and collection costs, then to the oldest outstanding invoice.
14.3. AEM may dissolve or suspend agreements immediately in cases such as bankruptcy, death, seizure, business cessation, failure to comply with obligations, or business transfer.
14.4. Set-off is not permitted.
14.5. Ownership remains with Audio Electronics Mattijsen until full payment has been made.
15. Interest and Charges
15.1. Late payments incur interest of 1.25% per month from invoice date.
15.2. All judicial and extrajudicial collection costs are borne by the other party, with a minimum of €150 and at least 15% of the outstanding amount.
16. Applicable Law
All offers, agreements and their implementation are governed exclusively by Dutch law.
17. Disputes
All disputes relating to these terms or the agreements they govern will be settled by the competent Dutch court, unless AEM chooses a foreign court when the other party is the defendant.
18. Changes or Additions
AEM may change or supplement these terms at any time.
Such changes do not have retroactive effect.
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