1. These conditions of delivery are applicable to all contracts supplied to Mohini Visions.
2. A contract is supplied to Mohini Visions the moment an offer and / or calculation is accepted in writing by the sponsor. Oral commitments of a sponsor need to be followed by a written confirmation.
3. Offers, calculations and pricing as submitted by Mohini Visions are only valid for the performances as described by us conform the agreed specifications.
4. All mentioned or agreed pricing are excluding VAT unless specifically stated otherwise.
5. Mohini Visions is allowed to raise the agreed price when after the agreement is made costs for materials or services which are necessary for the execution of the work rise, when taxes rise or when significant fluctuations in currency rates or any circumstances which are comparable to one or another occur.
6. Extra labour intensive text, unclear copy, sketches, unsound supply and all similar supplies by the sponsor which force Mohini Visions to extra work or costs than those which could have been reasonably expected when signing the agreement, are reason for raising the price to be paid by the sponsor. This includes extraordinary or in any reason ability unexpected processing difficulties.
7. Mohini Visions is allowed to raise the agreed price respectively must lower the price if the sponsor makes changes in the originally agreed specifications. This includes among others author proof corrections and changed instructions after receiving of print- and other proofs. Mohini Visions will within reason cooperate as long as the performance we are expected to execute does not substantially depart from the original performance.
8. The sponsor is obliged by Mohini Visions to do all that what is reasonably necessary or wished for to facilitate timely delivery by Mohini Visions. If the sponsor does not comply with this, the agreed final deadline of delivery is no longer binding. Mohini Visions has the power to delay the delivery until the sponsor has repaired this failure. Following on that, Mohini Visions will execute the agreement within a reasonable term.
9. After delivery, the sponsor is obliged to investigate if Mohini Visions has met the agreement and must communicate Mohini Visions immediately, latest 14 days after delivery, if he/she thinks Mohini Visions has not met the agreement.
10. Mohini Visions is not liable for any deviations, errors or defects in proofs which are accepted or corrected by the sponsor. Every proof which is made at request of the sponsor will be charged for separate to the agreed contract price unless specifically agreed otherwise.
11. The sponsor guarantees Mohini Visions that by following the agreement and specifically by the multiplication or publication of material as received from the sponsor no rights are violated which third parties could apply following the ‘Auteurswet 1912’or any other national, international, European or any sort of regulation about author rights, the rights of industrial copyright or the right with referral to the unlawful act. The sponsor safeguards Mohini Visions both legally and extra-judicially for any claims which third parties can make based on the aforementioned law or any other rules & regulations.
12. Unless explicitly agreed otherwise in writing, Mohini Visions remains the rightful owner of the author rights which could emerge for the works made following from the contract between sponsor and Mohini Visions.
13. Mohini Visions is not liable for any damage of whatever sorts which is caused because the sponsor, after delivery, started to use the products, processed, customised or delivered to third parties.
14. Mohini Visions guarantees an adequate functioning of products or services as agreed as far as those are used with standard settings (and if applicable, standard browsers) as far as these at the moment of signing the agreement were ‘standard’.
15. Concluded parts of the project are handed over to the sponsor at agreed moments and following this, they will be invoiced. In case of force majeure or not meeting agreements by Mohini Visions, the sponsor can recover already paid invoices form Mohini Visions as far as the product is not yet delivered.
16. Unless agreed otherwise in writing, travel time because of work for the production or delivery of agreed products or services is counted by Mohini Visions as work time.
17. Payments to Mohini Visions need to be settled within the term of 21 days, counted from the date of the respective invoice.