Terms & Conditions
AEM's WebStore is an additional service for our professional relations. You therefore enjoy the same far-reaching service guarantees commitment and support whether the product is purchased online or "personally" in Duivendrecht! AEM has been a specialized supplier and discussion partner for the audio professional in the theatre broadcast and recording|post industry for more than 30 years. Except where other conditions for online shopping are prescribed by law our general terms and conditions apply.
Mistake? Things can go wrong anywhere. Did it go wrong on your end? Please contact our technical service for repair or maintenance. Did it go wrong on our end? Please let us know call 020-6990580 and ask for Roland or mail to firstname.lastname@example.org we will make it right!
- Delivery time, Delivery and shipping
- Payment prices and promotions
- Warranties & Complaints
- Privacy & Security
- General Terms and Conditions Audio Electronics Mattijsen.B.V.
Delivery time Delivery & shipping
AEM keeps many products in stock but especially with more unique custom-made products or compositions it is recommended to take a delivery time into account. If you would like more information in advance about stocks and/or delivery times you can of course contact us at any time. After placing your order you will receive an order confirmation. If one or more articles are not in stock we will try to inform you about this the next working day. Delivery time is understood to mean the term stipulated in the agreement within which AEM expects to be able to deliver the goods or to perform the services (so-called "Best Effort" principle). The specified delivery times are always indicative and always approximate. AEM observes the specified delivery time (even if it has been agreed upon) as much as possible but is under no circumstances liable for (the consequences of) exceeding it. Only if expressly agreed in writing in advance stating "fatal delivery date" can AEM consider the responsibility for any consequences of exceeding the delivery time however this at all times capped at the value of the order in Euros ex VAT.
You can collect your order from us in Duivendrecht or it can be delivered at the customer's request. The costs for delivery are displayed prior to delivery. AEM reserves the right to apply different rates for considerably voluminous and/or heavy materials.
AEM is not liable for loss misappropriation or any damage during or as a result of delivery on the part of the customer or third parties unless it can be demonstrated that the damage is the result of gross negligence gross negligence or intent on the part of the customer. from AEM.Payment prices and promotionsAll published prices are compiled and updated with care but at all times subject to interim (cost) price changes and errors. Unless stated otherwise our prices are: based on delivery “ex works” excluding VAT excluding costs for transport and transport insurance stated in Euros. Prices are only final after they have been confirmed by us in writing whether or not after deduction of any exchange rate changes. All published prices should therefore be regarded as indicative and may change in the meantime.
Warranty & Complaints
With regard to the exact warranty provisions please refer to the General Terms and Conditions below. In practice AEM stands for professional products and solutions but anything can break. Where appropriate we will repair the defect or replace the material completely as soon as possible at the sole discretion of AEM. Warranty insofar as applicable only concerns the repair or replacement of the device. "Warranty" does not therefore include transport costs to and from AEM travel and accommodation costs for (urgent) repairs on location rental or hiring costs of replacement equipment water damage improper use or (the consequences of) improper repairs or attempts to do so. by anyone other than AEM.Complaints must be made known to AEM within eight (8) days after delivery of the goods. If the complaint is found to be well-founded by AEM then AEM will repair or replace the goods free of charge within a period that is generally accepted as reasonable by society at the sole discretion of AEM. Complaints about invoices must be submitted in writing within eight (8) days of the invoice date. After the expiry of the terms referred to in paragraphs 1 and 3 of this article the other party is deemed to have approved the goods or the invoice respectively. Submitting a complaint never releases the other party from its payment obligation towards AEM.
All information drawings and data such as measurements weights powers and quantities provided by AEM or its suppliers with offers promotions or on a website published by AEM have been compiled as accurately as possible. However these statements are only binding insofar as this is expressly confirmed per item. All AEM publications and communications are subject to change typos and printing errors. Subject to the provisions below an agreement with AEM will only be concluded after we have confirmed an order in writing.
Payment of your order is made prior to delivery via iDeal. Selected accounts can order on account. AEM reserves the right to change the amount of the credit at any time or to require payment prior to delivery. Our IBAN number is NL53RABO0351866116
Privacy & Security
AEM complies with the legal regulations regarding the protection of personal data as laid down in the Personal Data Registration Act / the Personal Data Protection Act.
Terms and Conditions of Audio Electronics Mattijsen B.V.
established at Rijksstraatweg 125, 1115 AN, Duivendrecht
registered in the trade register of the Chamber of Commerce and Factories for Amsterdam under number 33135645.
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. In these terms and conditions, “the other party” is understood to mean any (legal) person who, by signing a written order or otherwise, has concluded or wishes to conclude an agreement with our company, as well as their representative(s). ), authorized representative(s), successor(s) in title and heirs.
1.3. Mattijsen only supplies to companies. If a private person places an order without expressly indicating 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 not to be applicable between the parties, unless Mattijsen expressly agrees to their applicability.
1.5. In addition to a reference to these general terms and conditions on our price lists, quotations, acceptance or confirmation letters, invoices, etc., a copy of the applicable general terms and conditions is available at all times at www.aem.nl/alv. The other party is deemed to have agreed to our general terms and conditions by merely placing an order (verbally, by telephone, by fax, etc.) and/or taking receipt of the delivered or rented goods.
2. OFFERS AND INFORMATION PROVIDED
2.1. All offers are without obligation and are valid for 14 days, unless otherwise agreed in writing.
2.2. All information, drawings and data such as measurements, weights, capacities and quantities provided by Audio Electronics Mattijsen or its suppliers, with offers, promotions or on a website published by Audio Electronics Mattijsen, have been compiled as accurately as possible. However, these statements are only binding insofar as this is expressly confirmed.
2.3. All publications and communications of Audio Electronics Mattijsen are subject to changes, typing errors and printing errors.
2.4. Offers, drawings, designs, models, diagrams and calculations are and remain the property of Audio Electronics Mattijsen and may not be passed on to third parties or made available for inspection without written permission from Audio Electronics Mattijsen.
3.1. Subject to the provisions below, an agreement with Mattijsen will only be concluded after we have confirmed an order in writing.
3.2. Subsequent agreements or changes, as well as (verbal) agreements and/or promises made by Mattijsen staff, are only binding on Mattijsen if they have been confirmed in writing by Mattijsen.
3.3. For work and/or deliveries for which, due to their nature and scope, no quotation or order confirmation is sent, the invoice is also regarded as order confirmation, which is also deemed to represent the agreement correctly and completely.
3.4. Each agreement is entered into under the suspensive condition that the other party - at our sole discretion - proves to be sufficiently creditworthy for the financial performance of the agreement.
3.5. We are entitled upon or after the conclusion of the agreement, before (further) performance, to demand prior security from the other party that both payment and other obligations will be met. This can be an advance of any size.
3.6. Mattijsen reserves the right to refuse orders without stating reasons.
4.1. Every published price or quotation is subject to (cost) price changes, unless otherwise agreed in writing.
4.2. Unless otherwise stated, our prices are:
4.2.1. based on delivery “ex works”;
4.2.2. exclusive of VAT.;
4.2.3. excluding the costs for transport and transport insurance;
4.2.4. stated in Euros, any exchange rate changes will be passed on.
4.3. All published prices should be regarded as indicative and may change in the meantime.
5. DELIVERIES AND DELIVERY TIME
5.1. Delivery time is understood to mean the term stipulated in the agreement within which Mattijsen expects to be able to deliver the goods or perform the services.
5.2. The specified delivery times are always indicative and always approximate unless expressly agreed otherwise in writing.
5.3. Mattijsen observes the specified delivery time (even if it has been agreed upon) as much as possible, but is under no circumstances liable for exceeding it.
5.4. Exceeding the delivery time does not oblige us to pay any compensation and does not entitle the other party to cancel the agreement or to refuse the purchase of goods and/or services.
5.5. Unless agreed otherwise, delivery will be made “ex our company/warehouse”.
5.6. Delivery in parts (partial deliveries) is always permitted. We can invoice the aforementioned partial deliveries separately. In that case, the other party is obliged to pay in accordance with the provisions of Article 15 of these terms and conditions.
5.7. If the goods have not been accepted by the other party after the delivery time has elapsed, they will be stored at his disposal, at his expense and risk.
5.8. Minor deviations from the delivered or rented goods in size, colour, capacity, shape and packaging are never a reason for the other party to cancel the order in whole or in part, or to refuse payment in full or in part, or to claim compensation.
5.9. The other party is obliged to check the delivered goods or the packaging immediately upon delivery for quantitative shortcomings and qualitative damage. Any shortages or damage must be reported to Mattijsen in writing in accordance with Article 10 of these terms and conditions.
6.1. If the other party requests us, without further instructions, to send the goods, the method of dispatch and packaging will be determined by us as a good family man/merchant.
6.2. Transport is always at the expense and risk of the other party unless otherwise agreed
6.3. The transport of goods always takes place at the risk of the other party, even if free delivery has been agreed, even if the carrier demands that the consignment notes, transport addresses, etc. contain the clause that all transport damage is for the account and risk of the sender.
7.1. By merely taking receipt of the delivered or rented goods by or on behalf of the other party, we are, barring intent, negligence or gross negligence, or a demonstrable defect in the product made available by us, indemnified against any claims from the other party and/or third parties for payment of compensation. With due observance of the provisions elsewhere in this article, we are in any case not liable for damage caused by improper use of the delivered goods or by using them for a purpose other than for which they are objectively suitable.
7.2. Our liability is also assessed on the basis of any product/business interruption insurance policies we may have.
7.3. Audio Electronics Mattijsen's liability is in all cases limited to a maximum of the contractually agreed rental price or purchase price.
7.4. Audio Electronics Mattijsen is never liable for any indirect and/or consequential damages and/or losses.
7.5. Compliance with the applicable guarantee/complaint obligations and/or payment of the established damage by us or our insurer(s) is regarded as compensation.
8. FORCE MAJEURE
8.1. In the event of force majeure, Audio Electronics Mattijsen has the right to suspend the execution of the agreement without judicial intervention, or to regard the agreement as fully or partially dissolved, without being obliged to pay any compensation.
8.2. Force majeure is understood to mean: any circumstance as a result of which fulfillment of the agreement can no longer reasonably be expected from Audio Electronics Mattijsen by the other party.
In any case, force majeure includes: war, danger of war, civil war, riot, flood, acts of war, strikes, government measures, including in any case import and export bans, quotas, operational failures at our suppliers, as well as non-performance by our suppliers as a result of which Audio Electronics Mattijsen cannot fulfill its obligations towards the other party is no longer able to comply.
8.3. If the delivery is delayed by more than two (2) months due to force majeure, the parties can make an arrangement regarding the dissolution of the agreement, in any case including compensation for the costs incurred by Audio Electronics Mattijsen.
8.4. Audio Electronics Mattijsen is entitled to claim payment for the services performed in the performance of the agreement in question, before the force majeure-causing circumstance has become apparent.
9.1. Complaints must be made known to Audio Electronics Mattijsen within eight (8) days after delivery of the goods.
9.2. If the complaint is found to be well-founded by Audio Electronics Mattijsen, Audio Electronics Mattijsen will repair or replace the goods free of charge within a reasonable period according to generally accepted social standards.
9.3. Complaints about invoices must be submitted in writing within eight (8) days of the invoice date.
9.4. After the expiry of the terms referred to in paragraphs 1 and 3 of this article, the other party is deemed to have approved the goods or the invoice, respectively.
9.5. Submitting a complaint never releases the other party from its payment obligation towards Audio Electronics Mattijsen.
10.1. Unless expressly agreed otherwise in writing, Audio Electronics Mattijsen provides a guarantee insofar as an explicit guarantee period is stated on the signed order/invoice.
10.2. With regard to goods that have not been manufactured by or on behalf of us, the scope of the guarantee is determined by the guarantee of the manufacturer or supplier.
10.3. All warranty obligations lapse if the goods are not used in accordance with their intended purpose or if they are used improperly, instructions for use have not been observed, improper repairs have been carried out, changes have been made or numbers or seals have been mutilated or removed.
10.4. (Full) guarantee provisions only apply within the Netherlands. Guarantee provisions with regard to the replacement or repair of equipment or parts outside the Netherlands apply to the costs of replacement and/or repair up to a maximum of the amount that these would have amounted to if they had been carried out in the Netherlands.
10.5. Repaired goods are only covered by a warranty on the replaced parts.
10.6. Replacing parts does not extend the warranty period.
10.7. System warranty means the correct functioning of a system composed of separate parts and installed and delivered by Audio Electronics Mattijsen. System warranty only applies if this is stated in the signed order. System warranty lapses if the system or parts of the system are not used in accordance with their intended purpose or improperly, instructions for use are not observed, improper repairs are made, changes are made or numbers or seals are mutilated or removed.
12.1. Insofar as stipulated otherwise in the following paragraphs of this article, repairs will only be carried out with due observance of these conditions.
11.2. If our service obligations require the good to be repaired to be sent to our service department, the shipping and return will take place at the expense and risk of the other party.
11.3. We are entitled to charge call-out costs.
12.1. The maintenance of the delivered goods is carried out by our maintenance service and, subject to warranty work, is for the account of the other party. This insofar as the parties have not agreed otherwise in writing.
12.2. Audio Electronics Mattijsen is not liable for any errors made by a maintenance service that has been engaged with our express permission
13. COPYRIGHT and OTHER PROVISIONS
13.1. With regard to all agreements pertaining to the production and/or editing of a sound recording, the other party must have full rights vis-à-vis all entitled parties to have the recording made and to make further use of it as intended.
13.2. In principle, the other party indemnifies us against all claims from third parties with regard to the making of recordings and the subsequent use thereof.
13.3. The copyright of the images, drawings, photographic recordings, manuals, systems, compositions, quotations, operating instructions and specifications provided by us shall remain with us, even if the other party has placed an order for them.
13.4. The other party will owe a fixed penalty of € 10,000 for any act performed contrary to this article, without prejudice to Mattijsen's right to claim full compensation.
14.1. Unless agreed otherwise in writing, payment must only be made prior to delivery. If no cash payment is made, payment must be made net within fourteen (14) days after the invoice date, by means of a deposit or transfer to the bank account stated on the invoice. The value date indicated by the bank is decisive and is regarded as the payment date.
14.2. Each payment by the other party will primarily serve to settle the interest owed by it, as well as to settle any collection costs incurred by Mattijsen and will only then be deducted from the oldest outstanding claim.
14.3. In cases where the other party:
a) is declared bankrupt, assigns his estate, or submits a request for suspension of payment, or if all or part of his property is seized;
b) dies or is placed under guardianship;
c) fails to comply with any obligation imposed on it by virtue of the law or of these conditions;
e) proceeds to cessation or transfer of its business or an important part thereof, or changes the objective of its business, Audio Electronics Mattijsen has the right, by the mere occurrence of one of the circumstances mentioned, to either terminate the agreement without any judicial intervention being required, either to suspend the performance of the agreement, or to pay any amount owed by the other party on the basis of the deliveries made by us, immediately and without any warning or notice of default being required, in its in full, without prejudice to our right to compensation for costs, damages and interest.
14.4. The other party is not permitted to set off any counterclaim against any invoice amount.
14.5. The property of the delivered item(s) remains with Mattijsen until the entire purchase price of the item(s) delivered has been paid.
15. INTEREST AND CHARGES
15.1. If payment has not been made within the period stated in the previous article, the other party will be in default by operation of law and will owe interest of at least 1 1/4% per (part of a) month on the outstanding amount from the invoice date.
15.2. All judicial and extrajudicial costs to be incurred will be borne by the other party. The extrajudicial costs amount to at least 15% of the amount owed by the other party, including the aforementioned interest and costs, with a minimum of € 150.
16. APPLICABLE LAW
16.1. Dutch law applies exclusively to all our offers, agreements and their implementation.
17.1. All disputes, including those that are only regarded as such by one party, arising out of or in connection with the agreement to which these terms and conditions apply or regarding the terms and conditions themselves and their interpretation or implementation, both of a factual and legal nature, will be settled by the competent Dutch Court, unless we, as plaintiff, opt for the other party to be eligible foreign court as defendant.
18. CHANGES OR ADDITIONS TO THESE TERMS
18.1. We are at all times entitled to change and/or supplement these terms and conditions.
18.2. Changes and/or additions do not have retroactive effect.