On the basis of a deed of assignment drawn up for this purpose pursuant to Article 3:94 of the Dutch Civil Code, this claim has been transferred (assigned) to Boozt24 Finance B.V. in Amsterdam. Due to this transfer, Boozt24 Finance B.V. exclusively authorized to collect this invoice.
2. Retention of Title
- All goods delivered by the Supplier under the agreement remain the property of the Supplier until the Debtor has properly fulfilled all obligations under the agreement(s) concluded with the Supplier.
- Goods delivered by the Supplier that fall under the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Debtor is not authorized to pledge or encumber in any other way the goods subject to retention of title.
- The Debtor must always do everything that may reasonably be expected of him to safeguard the property rights of the Supplier.
- If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Debtor is obliged to immediately inform the Supplier thereof.
- 5. The Debtor undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the Supplier upon first request. In the event of any payment under the insurance policy, the Supplier is entitled to these payments. Insofar as necessary, the Debtor undertakes vis-à-vis the Supplier in advance to cooperate with everything that may (turn out to be) necessary or desirable in that context.
- In the event that the Supplier wishes to exercise its property rights referred to in this Article, the Debtor gives unconditional and irrevocable permission in advance to the Supplier and third parties to be designated by the Supplier to enter all those places where the properties of the Supplier are located and those goods to take back.
3. Risk transition
The risk of loss, damage or depreciation passes to the Debtor at the moment when goods are brought under the control of the Debtor to the Debtor.
4. Applicable law and disputes
- All legal relationships to which the Supplier is a party are exclusively governed by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
- The court in the Supplier's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Supplier has the right to submit the dispute to the competent court of the law.
- The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.