Terms and Conditions (Business to Business)
Article 1 General
1.1. Definitions: a. SOETEKOUW: the user of these general terms and conditions; Sole proprietorship registered with the Chamber of Commerce under number 34394282, located at the Nicolaes Maesstraat 2 Unit 117B, 1506LB in Zaandam. b. Client: the natural or legal person who concludes an agreement with SOETEKOUW. c. Agreement: the assignment agreement between the client and SOETEKOUW.
1.2. These conditions apply to every offer, quotation and agreement between SOETEKOUW and a client to which SOETEKOUW has declared these conditions applicable. The applicability of any purchasing or other conditions of the client is expressly rejected.
1.3. Any deviations from these general terms and conditions are only valid if expressly agreed in writing.
1.4. If one or more of the provisions in these general terms and conditions are void or should be destroyed, the other provisions of these general terms and conditions remain fully applicable. SOETEKOUW and the client will then enter into consultations in order to agree new provisions to replace the invalid or nullified provisions, whereby if and for as much as possible the purpose and purport of the original provision are observed.
Article 2 Performance of the assignment.
2.1. SOETEKOUW ensures that the execution of the assignment takes place in accordance with the requirements of care and quality to be set.
Article 3 Delivery time.
3.1. The delivery times stated by SOETEKOUW are not to be regarded as deadlines.
3.2. The delivery time starts when the client has received written or electronic confirmation from SOETEKOUW.
Article 4 Information and documents obtained.
4.1. The client must only use the obtained information and documents in the course of his own business (in the case of a legal person) or in the private sphere (in the case of a natural person). It is not permitted to publish, reproduce or sell this information and documents in any form.
Article 5 Price.
5.1. The prices quoted are in euros and excluding VAT, unless stated otherwise.
5.2. Prices quoted in a general sense (such as prices mentioned in previous assignments, quotations, on the website or in advertisements) can be changed by SOETEKOUW at any time. For current agreements, the price agreed in writing in the assignment agreement applies.
Article 6 Payment.
6.1. Payment must be made within 30 days after the invoice date, in a manner to be indicated on the invoice by SOETEKOUW.
6.2. In the event of late or late payment, the client will owe statutory interest from the due date of the invoice until the day of full payment of the outstanding amounts. Furthermore, all judicial and extrajudicial costs to collect are for the account of the client.
6.3. the delivered goods remain the property of SOETEKOUW until the entire invoice has been paid. The client also undertakes to proceed to timely payment of the invoice from SOETEKOUW.
Article 7 Liability.
7.1. SOETEKOUW cannot guarantee the complete correctness and completeness of the information and documents supplied. SOETEKOUW is therefore, subject to intent or gross negligence, not liable for damage that has arisen as a result of inaccuracy, incompleteness or illegality of the content of the service (s) supplied by SOETEKOUW.
7.2. SOETEKOUW is never liable for the consequences of the use of supplied information and documents. SOETEKOUW does not guarantee that the services provided will deliver or achieve the desired result.
7.3. The Client will ensure that all data that SOETEKOUW indicates are necessary for the execution of the assignment are provided to SOETEKOUW in a timely manner. If the client has not provided this information, SOETEKOUW is not liable for the resulting damage. If the information required for the execution of the assignment has not been provided to SOETEKOUW in time, SOETEKOUW has the right to suspend the execution of the assignment.
7.4. SOETEKOUW is not liable for damage of any kind, because SOETEKOUW has based on the incorrect and / or incomplete information provided by the client, unless SOETEKOUW should have been aware of the incorrectness or incompleteness.
7.5. SOETEKOUW is not liable for consequential damage, loss of profit, missed savings and damage due to business interruption.
7.6. If SOETEKOUW is nevertheless liable, its liability is limited to at most the invoice value of (the part of) the contract agreement from which the liability arises.
7.7. All claims against SOETEKOUW that have not been submitted to SOETEKOUW within 1 year after their creation will lapse by prescription.
Article 8 Force majeure.
8.1. If performance of the assignment is impossible as a result of force majeure, SOETEKOUW will be released from its obligations under the agreement.
8.2. Force majeure also includes a circumstance over which SOETEKOUW has no influence or can reasonably have it.
Article 9 Complaints procedure.
9.1. Complaints must be made known to SOETEKOUW in writing or electronically within 30 days of receipt of the delivered goods, failing which the possibility of submitting a complaint lapses.
9.2. If a complaint is well-founded, SOETEKOUW will still carry out the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known in writing or electronically by the client. If it is no longer possible or useful to perform the agreed work, SOETEKOUW will adjust the invoice to a lower amount or to nil. SOETEKOUW will in that case also only be liable within the limits of article 7 of these general terms and conditions. Shading is out of warranty.
Article 10 Miscellaneous.
10.1. SOETEKOUW is at all times authorized not to process an assignment.
10.2. If the client has applied for a moratorium or is in bankruptcy, SOETEKOUW is entitled to dissolve the agreement immediately.
10.3. SOETEKOUW is obliged to maintain the confidentiality of information that it receives from the client, except insofar as any statutory regulation SOETEKOUW requires communication.
10.4. SOETEKOUW has the right to remove and destroy files and all documents contained therein, including documents belonging to the client, without further notice, if 3 years or more have passed after SOETEKOUW has executed the assignment.
10.5. The legal relationship between the client and SOETEKOUW is exclusively subject to Dutch law.
Article 11 Rent / on consignment.
11.1 In the event of rental / on consignment of products and / or accessories from SOETEKOUW, the client will ensure the correct use thereof and will prevent damage and / or theft of those products and / or accessories as much as possible. The duration of the rental / on consignment of products and / or accessories is laid down in the assignment agreement.
11.2 The utilities, namely gas, water and electricity, will be present in the home / office by and for the account of the client and can be used by SOETEKOUW.
11.3 In the event that the products and accessories are damaged or stolen due to negligence on the part of the client, the damage resulting from this will be for the account of the client.