damage resulting directly from services that it renders to the customer (other than the delivery of goods) shall be limited to cases
where MikaMax B.V. has imputably failed in fulfilment of its obligations and shall further be limited to € 4.500 per event or series of
interrelated events with a common cause, unless a greater limitation stems from article 6 (b). MikaMax B.V. shall not be liable for
unlawful acts that it commits, except insofar as they are a consequence of gross negligence or wilful action by its personnel.
MikaMax B.V. explicitly excludes any greater liability than provided for under this article for direct damage incurred by the customer
and also any liability for indirect damage incurred by the customer, regardless of reason, including but not confined to delayed
delivery of goods and services. • If for any reason MikaMax B.V. is obliged to provide compensation for damage, notwithstanding or on the grounds of the provisions
of article 6 (a), the compensation for each event or each series of interrelated events with a common cause shall never exceed an
amount equal to the invoiced value of the delivered goods or rendered service that occasioned the damage.
7.
RETURNED ITEMS • MikaMax B.V. shall not take back delivered and accepted products. If there is any departure from this provision – exclusively in writing – the products shall be delivered carriage paid to an address stated by MikaMax B.V.
8. PAYMENT
• Payment of the full amount stated on the invoice must be effected by the customer no later than the stated payment term after the
invoice date by transferring the aforesaid amount to the bank account given to the customer by MikaMax B.V. If the customer exceeds
this payment term, the customer will be in default ipso jure vis-à-vis MikaMax B.V., without any further notice of default being
required. • The customer will in any event (also) be in default vis-à-vis MikaMax B.V.:
– if the customer is declared bankrupt or a petition for bankruptcy is filed against it;
– if the customer has been granted a moratorium, or if it has applied for a moratorium;
9.
– if products supplied or to be supplied by MikaMax B.V. are seized. • MikaMax B.V. shall have the right to postpone any delivery until it has received payment of the price of the delivery plus any other amounts that it is owed by the customer. OWNERSHIP AND RISK • Delivery of the goods shall transfer the risk but not the ownership of the goods to the customer. MikaMax B.V. shall retain title to all delivered goods until the time of full payment by the customer of everything that it owes MikaMax B.V. for any reason, including interest and costs. • MikaMax B.V. shall arrange dispatch or transport of the products ex-warehouse to the address stated by the customer at the
customer’s expense and risk. In all instances MikaMax B.V. shall have the right to take out transport insurance at the
customer’s expense, but shall have an obligation to take out such insurance only if and to the extent that it has explicitly given
the customer a written commitment to do so. • If a delivery is made ex-warehouse, this delivery will be effected by loading the products onto a means of transport of the customer’s
choice. Loading will be at the customer’s own expense, even if the loading is done by MikaMax B.V., and the risk attaching to the
products will in any event be transferred to the customer on loading of the products. If the customer does not take delivery of the
products, MikaMax B.V. will store these products at the customer’s own expense and risk.
10.
FORCE MAJEURE • Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or
delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by
nature could not have been foreseen, or, i fit could have been foreseen, was unavoidable, including strikes, lock-outs or other
industrial disputes (whether involving its own workforce or a third party’s), failure of energy source or transport network, acts of
God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed
conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions,
