Terms and Conditions

Article 1. General 1. These conditions apply to every offer, quotation and agreement between Event Emergency Response Team with Chamber of Commerce Number: 89903129, hereinafter referred to as: “User”, and a Client to which the User has declared these conditions applicable, insofar as these conditions have not been deviated from by the parties expressly and in writing. 2. These terms and conditions also apply to agreements with the User, for the execution of which the User must involve third parties. 3.These general terms and conditions have also been written for the User's employees and its management. 4. The applicability of any purchasing or other conditions of the Client is expressly rejected. 5. If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the other provisions in these general terms and conditions will remain fully applicable. The User and the Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible. 6. If there is uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions. 7. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions. 8. If the User does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to demand strict compliance with the provisions of these conditions in other cases. . Article 2 Quotations and offers 1 All quotations and offers from the User are without obligation, unless a term for acceptance is stated in the quotation. If no acceptance period has been set, no rights can be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime. 2 The User cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error. 3 The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated. 4 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise. 5 A composite quotation does not oblige the User to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders. Article 3 Contract duration; implementation periods, risk transfer, implementation and amendment of agreement; price increase 1. The agreement between User and the Client is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing. 2. If a term has been agreed or specified for the performance of certain work or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Client must therefore give User notice of default in writing. The user must be offered a reasonable period to still implement the agreement. 3. User will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. This is based on the state of science known at that time. 4. User has the right to have certain work carried out by third parties. The applicability of Article 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded. 5. If the User or third parties engaged by the User carry out work in the context of the assignment at the Client's location or a location designated by the Client, the Client will provide the facilities reasonably desired by those employees free of charge. 6. Delivery takes place ex works of the User. The Client is obliged to purchase the goods at the time they are made available to him. If the Client refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the User is entitled to store the goods at the expense and risk of the Client. The risk of loss, damage or depreciation passes to the Client at the time when the goods are made available to the Client. 7. User is entitled to execute the agreement in different phases and to invoice the part thus executed separately. 8. If the agreement is executed in phases, the User can suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing. 9. The Client ensures that all data, which the User indicates are necessary or which the Client should reasonably understand are necessary for the execution of the agreement, will be provided to the User in a timely manner. If the information required for the execution of the agreement has not been provided to the User in a timely manner, the User has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay in accordance with the then customary rates. to take. The execution period does not start until the Client has made the data available to the User. The User is not liable for damage of any nature whatsoever because the User relied on incorrect and/or incomplete information provided by the Client. 10. If during the execution of the agreement it appears that it is necessary to change or supplement it for its proper execution, the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Client, the competent authorities, etc., is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. The User will provide a price quote in advance as much as possible. Furthermore, an amendment to the agreement may cause the originally specified term of execution to be changed. The Client accepts the possibility of changing the agreement, including the change in price and term of execution. 11. If the agreement is amended, including a supplement, the User is entitled to implement it only after approval has been given by the authorized person within the User and the Client has agreed to the price and other conditions stated for the implementation. , including the time to be determined at which time it will be implemented. Failure to execute the amended agreement or not immediately execute it does not constitute a breach of contract on the part of the User and is not a reason for the Client to terminate or cancel the agreement. 12. Without being in default, the User may refuse a request to amend the agreement if this could have consequences in qualitative and/or quantitative terms, for example for the work to be carried out or goods to be delivered in that context. 13. If the Client fails to properly comply with what it is obliged to do towards the User, then the Client is liable for all damage suffered by the User as a result, directly or indirectly. 14. If the User agrees on a fixed fee or price with the Client, the User is nevertheless entitled at all times to increase this fee or price without the Client being entitled in that case to terminate the agreement for that reason, if the increase in the price results from a power or obligation under legislation or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that could not reasonably have been foreseen when the agreement was entered into. 15. If the price increase, other than as a result of a change to the agreement, amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Client is entitled to rely on Title 5, Section 3 of Book 6 of the Dutch Civil Code. entitled to terminate the agreement by a written statement, unless the User is then still prepared to execute the agreement on the basis of what was originally agreed; if the price increase results from a power or an obligation resting on the User under the law; if it is stipulated that delivery will take place more than three months after the conclusion of the agreement; or, upon delivery of an item, if it has been stipulated that delivery will take place more than three months after the purchase. Article 4 Suspension, dissolution and interim termination of the agreement 1. User is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if the Client does not fulfill the obligations under the agreement, does not fully or does not timely fulfill them after conclusion of the agreement, circumstances that come to the user's attention give good reason to fear that the Client will not fulfill the obligations, if the Client was asked to provide security for the fulfillment of his obligations under the agreement when concluding the agreement and this security is not provided or is insufficient or if, due to the delay on the part of the Client, the User can no longer be expected to fulfill the agreement under the originally agreed conditions. 2. Furthermore, the User is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that it is not reasonable for the User to maintain the agreement unchanged. are required. 3. If the agreement is dissolved, the User's claims on the Client are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his rights under the law and the agreement. 4. If the User decides to suspend or terminate, he is in no way obliged to compensate any damage or costs incurred as a result. 5. If the termination is attributable to the Client, the User is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result. 6. If the Client fails to fulfill its obligations arising from the agreement and this non-compliance justifies dissolution, the User is entitled to terminate the agreement immediately and with immediate effect without any obligation on its part to pay any damages or compensation, while the Client, due to breach of contract, compensation or compensation is obliged. 7. If the agreement is terminated prematurely by the User, the User will, in consultation with the Client, ensure that any work still to be performed is transferred to third parties. This unless the termination is attributable to the Client. If the transfer of the work entails additional costs for the User, these will be charged to the Client. The Client is obliged to pay these costs within the stated period, unless the User indicates otherwise. 8. In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure - if and insofar as the seizure has not been lifted within three months - at the expense of the Client, debt restructuring or any other circumstance as a result of which the Client is unable to can no longer freely dispose of his assets, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any damages or compensation. In that case, the User's claims against the Client are immediately due and payable. 9. If the Client cancels a placed order in whole or in part, the work that was carried out and the items ordered or prepared for it, plus any delivery, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged. will be charged in full to the Client. Article 5 Force Majeure 1. The User is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to fault, and neither under the law, a legal act or generally accepted views. is at his expense. 2. In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the User has no influence. but as a result of which the User is unable to fulfill his obligations. This includes strikes in the company of the User or third parties. The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation. 3. User can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages. 4. Insofar as the User has partially fulfilled his obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attached to the fulfilled or to be fulfilled part, the User is entitled to fulfill the obligations already fulfilled or to be fulfilled. part to be invoiced separately. The Client is obliged to pay this invoice as if it were a separate agreement. Article 6 Payment and collection costs and cancellation costs 1. Payment must always be made within 30 days after the invoice date, in a manner to be specified by the user in the currency in which the invoice was issued, unless otherwise indicated in writing by the User. User is entitled to invoice periodically. 2. If the Client fails to pay an invoice on time, the Client is legally in default. The Client then owes interest of 15% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the Client is in default until the moment of payment of the full amount due. € 0 - € 2,500 15% With a minimum of € 40,- € 2,501 - € 5,000 10% € 5,001 - € 10,000 5% € 10,001 - € 200,000 1% On the excess 0.5% with a maximum of € 6,775 2.1 If an order is canceled within a certain time, we will charge a fee in % of the official total price. Below you will find the compensation table that we use. We use this in connection with the costs incurred such as: possible hiring of staff, purchase of materials, administration costs, etc. 25% if the assignment is canceled 2 weeks in advance. 50% if the assignment is canceled 1 week or less in advance. 75% if the assignment is canceled 1 or 2 days in advance. 100% if the order is canceled on the same day. We do not charge any compensation for assignments that are canceled 3 to 4 weeks before the start of the event. 3. The User has the right to have payments made by the Client firstly deducted from the costs, then deducted from the accrued interest and finally from the principal amount and the current interest. The User may, without being in default, refuse an offer of payment if the Client designates a different order for the allocation of payment. The User may refuse full repayment of the principal amount if the outstanding and ongoing interest and collection costs are not also paid. 4. The Client is never entitled to set off any amounts owed to the User. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to rely on section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason. 5. If the Client is in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The default of the Client who is a natural person who is not acting in the exercise of a profession or business (private client) commences after he has been reminded to pay within fourteen days after the day of the reminder and payment is not made. The reminder also indicates the consequences of failure to pay. The extrajudicial costs are calculated based on what is customary in Dutch debt collection practice. However, if the User has incurred higher costs for collection that were reasonably necessary and the Client is not a natural person who does not act in the exercise of a profession or business (business client), the actual costs incurred are eligible for reimbursement. Any legal and enforcement costs incurred will also be recovered from the Client. The Client also owes interest on the collection costs owed. Article 7 Retention of title 1. The goods delivered by the User within the framework of the agreement remain the property of the User until the Client has properly fulfilled all obligations under the agreement(s) concluded with the User. 2. The goods supplied by the User, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or encumber in any other way the property falling under the retention of title. 3. The Client must always do everything that can reasonably be expected of him to safeguard the User's ownership rights. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Client is obliged to immediately inform the User of this. The Client furthermore 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 to the User for inspection upon first request. In the event of any insurance payment, the User is entitled to these payments. To the extent necessary, the Client undertakes in advance to the User to cooperate with everything that may (prove to) be necessary or desirable in that context. 4. In the event that the User wishes to exercise his ownership rights referred to in this article, the Client gives unconditional and irrevocable permission in advance to the User and third parties to be designated by the User to enter all those places where the User's property is located and to return it. to take. Article 8 Guarantees, research and complaints, limitation period 1. The goods to be delivered by the User meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Client must verify whether the use thereof is suitable for use there and meets the conditions set. In that case, the User may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out. 2. The warranty referred to in paragraph 1 of this article applies for a period of ……… after delivery, unless the nature of the delivered goods dictates otherwise or the parties have agreed otherwise. If the warranty provided by the User concerns an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise. 3. Any form of warranty will lapse if a defect has arisen as a result of or arises from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Client and/or by third parties when, without written permission from The User, the Client or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if they have been processed or edited in a manner other than the prescribed manner. The Client is also not entitled to a warranty if the defect is caused by or is the result of circumstances over which the User has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc. 4. The Client is obliged to inspect the delivered goods immediately when the goods are made available to him or the relevant work has been carried out. The Client must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any visible defects must be reported to the User in writing within seven days of delivery. Any invisible defects must be reported to the User in writing immediately, but in any case no later than fourteen days, after discovery thereof. The notification must contain as detailed a description as possible of the defect, so that the User is able to respond adequately. The Client must give the User the opportunity to investigate a complaint. 5. If the Client submits a complaint in a timely manner, this does not suspend his payment obligation. In that case, the Client also remains obliged to purchase and pay for the other items ordered and what he has instructed the User to do. 6. If a defect is reported later, the Client is no longer entitled to repair, replacement or compensation. 7. If it has been established that an item is defective and a complaint has been made in this regard in a timely manner, the User will return the defective item within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Client, at the discretion of the Client. User, replace or ensure its repair or pay replacement compensation to the Client. In the event of replacement, the Client is obliged to return the replaced item to the User and to provide the User with ownership thereof, unless the User indicates otherwise. 8. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by the User, will be fully borne by the Client. 9. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Client. 10. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the User and third parties involved by the User in the execution of an agreement is one year. Article 9 Liability 1. If the User is liable, this liability is limited to what is regulated in this provision. 2. The User is not liable for damage of any nature whatsoever caused by the User relying on incorrect and/or incomplete information provided by or on behalf of the Client. 3. If the User is liable for any damage, the User's liability is limited to a maximum of twice the invoice value of the order, or at least to that part of the order to which the liability relates. 4. The User's liability is in any case always limited to the amount of the payment from its insurer, as the case may be. 5. User is only liable for direct damage. 6. Direct damage exclusively means the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to remedy the defective performance of the User. to have the agreement answered, insofar as these can be attributed to the User, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The user is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business stagnation. 7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial subordinates. Article 10 Indemnification 1. The Client indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than the User. If the User is sued by third parties for this reason, the Client is obliged to assist the User both extrajudicially and in court and to immediately do everything that may be expected of him in that case. If the Client fails to take adequate measures, the User is entitled to do so himself, without notice of default. All costs and damage incurred by the User and third parties as a result are entirely at the expense and risk of the Client. Article 11 Intellectual property 1. User reserves the rights and powers vested in him under the Copyright Act and other intellectual laws and regulations. The User has the right to use the knowledge acquired through the execution of an agreement for other purposes, provided that no strictly confidential information of the Client is made known to third parties. Article 12 Applicable law and disputes 1. All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. 2. The judge in the User's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the User has the right to submit the dispute to the competent court according to the law. 3. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.