Terms of Delivery

Article 1.

In all agreements with Occident Publishers the following terms of delivery apply, except if agreed otherwise.

 

Article 2.

1. With regard to the delivery of books to other than the so called recognized and registered retailers and wholesalers, delivery is made in accordance with the ‘Rules of the Trade of Books in the Netherlands’, filed with the clerk of the Amsterdam District Court, the 1^st of July 1992 under number 148/1978.
2. The customer thereby commits to abide by the retail price set by the publisher, bookseller, wholesaler, importer or non-registered wholesaler, and to  any further price set by the publisher and to give or permit no discount in any form whatsoever.
3. The reseller or wholesaler commits to deliveries only  to recognized booksellers, registered resellers and retailers who are registered with the Chamber of Commerce as retailers, exclusively by the delivery to individuals at the applicable price.
4. The reseller–wholesaler commits to implement these terms of delivery in  delivery to the reselling retailers by communicating to the traders that the terms of delivery were filed with the clerk of the Amsterdam District Court on the 1^st of July 1992 under number 148/1978 and that they will be sent to them on request, and by mentioning the delivery terms fully on the confirmation and the invoice. The reseller–wholesaler shall also mention the retail price by title prior to the trader's order.
5. In case of violation of these terms in sub a called terms of delivery the “The Royal Association for the Promotion of  the Book Trade” is authorized to take action, legal or otherwise, against the offenders, especially to take measures to ensure the terms of delivery are met.

 

Article 3.

Requests for information or complaints about deliveries and / or invoices must be submitted to Occident Publishers no later than 14 days after the invoice date.     

 

Article 4.

Returns are only accepted following  a written request to do so and after receiving permission from Occident Publishers.

 

Article 5.

Payment of invoices must be made without any deduction or discount, citing the invoice number and invoice date.

 

Article 6.

For non- or late payment the customer has, from the due date of the invoice until that of full payment, statutory interest on the outstanding amount(s). Also, all the costs incurred by Occident Publishers for the (legal) collection of outstanding payments are to be borne by the customer, amounting to  15% of the unpaid invoice, at a minimum of £ 50,00 (excl. VAT).

 

Article 7.

Goods delivered remain the property of Occident Publishers until full payment has been made, including costs mentioned in the previous paragraph.

 

Article 8.

Subscriptions, to which a fixed annual fee applies, are billed annually in January or at the start of the subscription. In the last-mentioned case the fee includes an element that is determined  pro rata. Subscriptions for which a page price applies are periodically (usually quarterly) billed afterwards for pages received in preceding periods. All subscription rates include shipping costs within theNetherlands, unless otherwise stated. Terminations must be submitted to Occident Publishers within two months before the expiration of the current subscription period.

 

Article 9.

Occident Publishers reserves the right at all times to require security for payment or payment in advance, in compliance with any delivery obligations which may be suspended until these are met.

 

Article 10.

Single orders may be placed in writing as well as by telephone or through a bookshop. Buyers of loose-leaf editions are automatically registered for the supply of future supplements, at the current price rate. Termination of such registration is possible at any time, provided that the cancellation is effected no later than one month after receiving the cancellation and is settled until that month.

 

Article 11.

Except for the application of articles 11 and 15b, copyright 1912, and moreover, to the extent not stated otherwise in the relevant publication, copyright on publications published by Occident Publishers rests with Occident publishers. Subject to the foregoing, nothing in the publications referred to may be reproduced, stored in a retrieval system or transmitted in any way, except with the prior written permission of Occident Publishers.

 

Article 12.

The possible liability of Occident Publishers and of the individuals that Occident Publishers is responsible for, for direct or indirect damages, is in all cases limited to the value of the invoice for the part of the agreement from which the liability results.

 

Article 13.

Occident Publishers does not accept liability resulting from any inaccuracies  relating to incompleteness in information in publications published by Occident Publishers. Nor is liability accepted for the content of ads and / or to individuals' or legal entities' legally prescribed publications, provided they are composed by third parties.

 

Article 14.

For all legal actions against Occident Publishers, there is a limitation period of one year, counted from the date of the realization of the relevant agreement. Disputes are initially settled by the competent court inThe Hague.

 

Article 15.

These Terms of Delivery are filed at the Chamber of Commerce and Industry in The Hagueunder number 2610 at the 10^th of may 1993. They replace all earlier filed terms.

 

The Hague, 1^st of June 1993.