Terms of Delivery
Terms and conditions of EVWconsultancy, established in The Netherlands, 's-Hertogenbosch, Bordeslaan 307
General terms and conditions.
Article 1 General
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1.1 In these conditions apply:
- Contractor: EVWconsultancy;
- Client: every (legal) person who wishes to enter into a contract agreement with the contractor or has ended.
1.2 All offers made by the contractor, concluded agreements and their implementation shall be governed by these terms and conditions.
Article 2 Prices
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2.1 Unless there is a binding offer term, all price quotations are noncommittal.
2.2 Unless otherwise stated, prices are:
- Excluding VAT, import duties, other taxes, levies and duties;
- Stated in Euro currency unless clearly indicated in the quotation.
Article 3 Payment
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3.1 The payment by the client to the contractor must be made within the specified payment period, in any case within 15 working days after the invoice date, present at the invoice.
3.2 All payments must be made on one, by the contractor, duly designated bank account number.
3.3 If the payment is not made within the period specified in paragraph 1, the principal contractor to forfeit an immediately payable interest rate of 2 percent per month until the date of full payment. A part of a month is regarded as a whole month, without a prior written notice.
3.4 The Client shall in advance waive his right to set-off in respect of payments to the contractor to perform.
3.5 Unless between contractor and client has a fixed fee been agreed, the actual hours spent by each contractor provided service will be invoiced to the Client at the applicable rates of the contractor.
Article 4 Liability
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4.1 Contractor shall only accept liability for customer damages resulting from a breach in the fulfillment of its obligation or towards the client if and insofar as this liability is covered by his insurance, to the amount of the insurance distribution made. The obligation is always a best efforts obligation, the result is the accountability of the client.
4.2 If the insurer of the contractor for any reason does not pay out, or if the damage is not covered by insurance, the liability is limited to four times the invoice amount with a maximum of € 7,500.00 including VAT.
4.3 All actions on the basis of this Article expire after one year from the provision of the service.
Article 5 Force Majeure
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Force majeure is defined for the purposes of this article, each of the parties' independent c.q. Unforeseeable circumstances which fulfillment of the agreement can no longer reasonably be required of the contractor by the client.
Force majeure shall in any case include:
Strike, excessive (illness) absence of staff, transport difficulties, fire, government measures, both at the contractor itself and the people on whom he is dependent. Also default of the persons whose principal is dependent and may not (any longer) fulfill the assignee its obligations to the client falls under force majeure.
Article 6 Participation client
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6.1 The Client is obliged to the contractor to provide all the information necessary for the contractor to implement the agreement.
6.2 Client is responsible for the accuracy of the information provided by him or on his behalf to the contractor.
Article 7 Costs
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All legal and out of-court costs incurred in complying with this agreement will be for the account of the defaulting party only. The extrajudical costs amounts to at least 15% of the invoice amount including VAT, with a minimum of Euro 15 excluding VAT. efaulting party only. The extrajudicial costs amount to at least 15% of the invoice amount including VAT, but at least € 15.00 excluding VAT.
Article 8 Applicable law / disputes
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8.1 Client and Contractor agree try to tresolve all disputes in an amicably way.
8.2 All offers, agreements and their implementation is exclusively under Dutch law.
8.3 All disputes will be submitted to the competent court in 's-Hertogenbosch, insofar as the legal provisions allow.