| VAT NL93001718601B90 | KVK 62518909 | + 31 6 4004 8311
General Terms and Conditions
Article 1. Definitions
Contractor: Robert Siedenburg, registered with Chamber of Commerce under the number 6251890.
Client: the natural or legal person in whose contract services are provided and/or work are carried out and/or delivered cases.
Agreement: the agreement concluded between Contractor and the Client in respect of the provision of services and/or the performance of activities and/or delivery of goods.
Article 2. General
The Agreement is formed by these general terms and conditions jointly with the contract confirmation signed by the Client and Contractor.
These general terms and conditions apply to each offer, quotation and Agreement between Contractor and The Client, to the extent that these terms and conditions have not been expressly deviated by the parties.
The applicability of any client purchase and or other terms and conditions is expressly rejected.
If one or more provisions of these general terms and conditions are completely or partially or annulled by the court at any time, this shall be without prejudice to the functioning of the other provisions.
Article 3. Offers and aanbids
All quotations and offers from The Contractor are non-binding unless a time limit has been set for acceptance in the offer or offer. If no period of acceptance has been set, the offer or offer cannot be derived in any way any right.
Quotations from Contractor are based on the information provided by the Client. The Client ensures that he/she has provided all essential information for the design, execution and completion of the contract in good time and in truth to the Contractor.
Contractor cannot be kept to a quotation or offer if the Client can reasonably understand that (part of) the offer and offer contains a manifest mistake or description.
A composite offer and offer does not require contractor to make part of the offer and offer at a corresponding portion of the specified price.
Quotations and abids do not automatically apply to future orders.
Article 4. Prices
All prices are in euros, excluding VAT. and other public charges and, where appropriate, costs such as travel and other (un)costs including but not limited to claims made by third parties employed under the Agreement. The aforementioned costs are borne by the Client.
If the Contractor agrees with the Client a fixed price, the Contractor is entitled to increase this price, without the Client being entitled, in that case, to dissolve the Agreement for that reason, if the increase in the price results from a jurisdiction or obligation under the law or regulations or its cause is inan increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds resulting from a jurisdiction or obligation under the law or regulations or its cause in an increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds resulting from a jurisdiction or obligation under the law or regulations or its cause in an increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds resulting from a jurisdiction or obligation under the law or regulations or its cause in an increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds resulting from a jurisdiction or obligation under the law or regulations or its cause in an increase in cost-determining factors such as the price of raw materials, wages, etc. or on other grounds resulting from a jurisdiction or obligation under the law or regulation or its cause in an increase in cost-determining factors such as the price of raw correspondst were reasonably unforeseeable.
If the price increase is more than 10% as a result of an amendment to the Agreement, the Client has the right to cancel the Agreement, provided that this is made in writing within 14 days of receipt of the adjusted price, unless this is made in writing within 14 days of receipt of the adjusted price, unless this is made in writing within 14 days of receipt of the adjusted price, unless this is made in writing within 14 days of receipt of the adjusted price, unless this is made in writing within 14 days of receipt of the adjusted price, unless this is made in writing within 14 days of receipt of the adjusted Contractor is still prepared to implement the Agreement on the basis of the originally agreed, the price increase stems from a power or obligation imposed on the Contractor under the law or if it has been agreed that the delivery will take place longer than three months after the Agreement.
A cancellation as mentioned in the previous paragraph does not entitle the Client to compensation for any damage. In the event that the Client cancels the Agreement, The Contractor is entitled to charge him/her already incurred costs to the Client.
Article 5. Agreement
The Agreement shall be concluded from the date of signature by Contractor and the day of dispatch of the written order confirmation by The Contractor to the Client.
The Agreement shall be entered into for an indefinite period, unless theinh old, nature or scope of the Agreement results in the fact that it has entered into for a certain period of time.
Article 6. Implementation of the Agreement
Contractor observes the care of a good Contractor in the implementation of his/her activities.
The Contractor shall take on an effort commitment with the Agreement and therefore does not guarantee the results of the contract, unless expressly otherwise provided.
The contractor has the right, in so far as the proper implementation of the Agreement requires it, to have the Agreement carried out by third parties in part. Contractor will only proceed to this end, after consultation with the Client.
The applicability of Articles 7:404, 7:407(2) and 7:409 CC is expressly excluded.
If a time limit has been agreed within the duration of the contract for the completion of certain activities, this is never a fatal time limit for the Contractor. In the case of exceeding the implementation period, the Client must default in writing.
Artikel 7. Changes to the Agreement
Changes to the Agreement by the Client which could not be provided by the Contractor and cause multi-worker willbe taxed by Assignmentnemthere to Opdrachtgevin accordance with the tariff agreed in the Agreement. Furthermore, if, as a result of the provision of incorrect or incomplete data by the Client, the Contractor must reorganise the planned work. Contractor is entitled to charge the costs of multi-work on the basis of calculation to the Client.
Changes to the performance of the Agreement still required by the Client after the provision of the contract must be notified by the Client in good time and in writing. A change in or addition to the Agreement applies only if it has been accepted by both Contractor and the Client (preferably in writing).
Changes made to an assignment already provided may result in the transfer period originally agreed by the Contractor.
Article 8. Cooperation Client
The Client will always, in request and unsolicited, provide all relevant information to the Contractor who he/she needs for the correct execution of the assignment provided to it.
If the data necessary for the performance of the agreed contract, not, have not been made available by the Client in good time or in accordance with the agreements made by the Client, or if the Client has otherwise not fulfilled his/her (information) obligations, the Contractor shall be authorised to suspend the performance of the Agreement.
In order to ensure that the execution of the contract is properly and as far as possible according to timetable, the Client shall make available to employees of his/her own organisation in good time, unless otherwise results from the nature of the contract. The Client must ensure that his/her staff have the right skills and experience to carry out the work.
If and to the extent requested by the Contractor, the Client shall provide a telephone connection with telephone connection and, if desired, a fax and/or data network connection, unless otherwise results from the nature of the contract.
If, as a result of the non-time, non-time or non-proper provision of staff, requested data, documents and facilities by the Client, additional costs arising from the Contractor, these costs will be borne by the Client.
Article 9. delivery
The Client is obliged to take the goods away when they are made available to it. If the Client refuses to purchase or is negligent in providing information or instructions necessary for delivery, The Contractor is entitled to store the goods on behalf and risk of the Client.
Contractor is entitled to execute the Agreement in different phases and to invoice the part carried out separately.
The client is obliged to (do) investigate immediately after the cases have been made available to it.
The risk of loss, damage or depreciation is transferred to the Client at the time when cases aredelivered to the Client or third parties engaged by it.
Article 10. Retention of title
All goods delivered by contractorshall be owned by Contractor until the Client has fulfilled his/her (payment) obligations towards the Contractor.
Cases covered by the retention of title may not be resold and not used as a means of payment. The Client also does not have the power to pawn the goods covered by the retention of title or to object in any other way.
Article 11. Termination
Both parties may terminate the Agreement in interim time in interim accordance with a notice period of 30 days, unless otherwise agreed by the parties.
If the client has been terminated prematurely, the Contractor shall, because of the resulting and plausible loss of occupation, are entitled to compensation, with the average declaration amount to be applied to date, unless there are facts and circumstances underlying the termination attributable to the Contractor. The provisional results of the work carried out until then will be made available to the Client subject to the date.
In the event that eitherparty is in a state of bankruptcy, surseance of payment applies whether the business operations ceases,the other party has the right to terminate the Agreement prematurely without due notice.
In the event of premature termination by the Contractor, the Client is entitled to cooperate with the Contractor with regard to the transfer of activities to be carried out to third parties. If the transfer of the work for Contractor entails additional costs, they will be charged to the Client.
Article 12. Dissolution and/or suspension power
Contractor shall be authorised to suspend compliance with its/her obligations or to dissolve the Agreement if:
The client does not fulfil the obligations of the Agreement, does not fully or does not comply in time or the Contractor has good ground to fear that the Client will fail in those obligations;
When concluding the Agreement, the Client has been asked to provide security for the fulfilment of his/her obligations under the Agreement and that security is not or is insufficient;
(an application) liquidation of the Client, has been granted to the Client surseance of payment, client in state of bankruptcy has been declared,the Law on Debt Restructuring Natural Persons to the Client has been declared applicable or, under the guardianship of the Client, the Client loses the free decision on his/her assets or income in whole or in part, the Client sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company under the guardianship of the Client, the Client free or partially, the Client sells his/her company or sells his/her company or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells or sells his/her company or sells his/her company under the guardianship of the Client, the Client free or partially loses his/her assets or income, the Client sells his/ if the Client is charged and this attachment has not been lifted within 3 months.
Contractor may require further certainty at any time, in the absence of which Contractor may suspend the performance of the Agreement. If that desire is not followed to the satisfaction of the Contractor, the Contractor is entitled to suspend or refuse the execution of all Agreements with the Client, without having been held for any compensation and without even relinquisition of his/her other rights under this Agreement or the law.
Article 13. Payment
Payment shall be made within 14 days of invoice date in a manner to be indicated by the Contractor in euros, unless expressly agreed otherwise.
If the Client defaults with timely payment, he/she is automatically in default and the Client owes the legal (commercial) interest. The client is therefore liable to pay interest every month, or part of the month, where part of the month is considered the entire month. The interest on the claimable amount will be calculated from the moment the Client is in default until the time of payment of the fully due amount.
From the moment the Client is in default, the Client has also been obliged to compensate for all (out)judicial costs and execution costs related to the collection of the amounts invoiced. Extrajudicial costs are set at 15% of the principal, with a minimum of € 40.00 excluding VAT, unless otherwise the law determines.
Payments are primarily deducted from costs, then deducting interest and finally deducting the principal and current interest rate.
The contractor may, without default, refuse an offer for payment if the Client designates a different order for the payment attribution. Contractor may refuse full repayment of the principal if they do not also pay the open cases and current interest and collection costs.
Advertisements concerning the amount of the invoice must be submitted in writing within 8 days of the invoice date. After that period, complaints are no longer dealt with and the right to advertisements for the Client lapses. The client is never entitled to set off the contractor due by it/him.
Article 14. Advertisements and research
If the Client does not advertise in writing with The Contractor within 8 days of discovering orhearing a defect in the performance of the Contractor, The Commission cannot rely on this defect.
The Client has no right to suspend his/her (payment) obligations if the Client considers that he has any right of advertising.
The client should enable the Contractor to (make) a complaint.
In the event of well-founded and timely advertisements, the Contractor will restore or replace the delivered goods for its choice against return of the originally delivered goods, or to pay a replacement fee to the Client or to pay the Client or a proportional part of the invoice.
If it is established that a complaint is unfounded, the costs incurred by the Contractor will be entirely borne by the Client.
Article15. Force majeure
If the Contractor cannot fulfil his/her obligations under the Agreement, cannot properly or not properly comply as a result of a reasonable cause which is not attributable to it until the contractor is still able to comply with it in the agreed manner. Force majeure is in any case understood disease on the side of the Contractor.
If the period during which force majeure fulfilment of the obligations of the Contractor does not exceed two months, the parties shall be empowered to dissolve the Agreement without any right of the Client on Compensation. What has already been done under the Agreement is then settled proportionately.
The contractor shall not be liable for damage, of any kind, because the Contractor has assumed incorrect and/or incomplete data provided by or on behalf of the Client.
If the Contractor may be liable for any damages, the liability of the Contractor is limited to a maximum of the declaration amount, at least to that part of the amount to which the liability relates.
In any event,the liability of the Contractor is always limited to the amount of payment of his/her insurer where appropriate.
Contractor is only liable for direct damage.
Direct damage shall mean only the reasonable costs of determining the cause and extent of the damage, provided that the finding relates to damage within the meaning of these conditions, any reasonable costs incurred to have the defective performance of the Contractor in line with the contract, for so far as they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contract, in so far as they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the contract, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contract, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, provided that they can be attributed to the Contractor and reasonable costs incurred to prevent or reduce damage, in so far as The Client demonstrates that these costs have led to a restriction of direct damage as referred to in these general terms and conditions.
Contractor is never liable for indirect damage, including consequential damages, lost profits, missed savings and damage caused by business stagnation.
The limitations of liability contained in this Article shall not apply if the damage is due to intent or gross negligence of the Contractor or his/her managers subordinates.
Article 17. Confidentiality
The Client and Contractor undertake to maintain confidentiality of all confidential information obtained under the Agreement of each other or from other sources. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
If the Contractor is required to provide confidential information to third parties designated by law or the competent court on the basis of a legal provision or court decision and the Contractor cannot rely on a Right of compensation, the Contractor is not obliged to pay compensation or compensation and the Client is not entitled to dissolve the contract on the basis of any damages, as a result arises.
Client and Contractor will impose their obligations on any by enabling them by third parties under this article.
Article 18. Processing Personal Data
1. To the extent that personal data of a counterparty are processed in the performance of Robert Siedenburg's services, such personal data will be processed properly and carefully, in accordance with the Data Protection Protection Act and General Data Protection Regulation. Robert Siedenburg refers for further information to the Privacy Statement listed on website www.kokgevraagd.nl, www.robertsiedenburg.com.
2. In addition to the preceding paragraph 1, Robert Siedenburg notes that appropriate technical and organisational measures will be taken to protect personal data processed from loss or any other form of unlawful processing, taking into account the current state of the technique and the nature of the processin
Article19. Intellectual property
All models, works and/or inventions developed by the Client Contractor are and remain owned by Contractor. This also includes all intellectual property rights, including, but not limited to that purpose, copyright, model rights and/or patent rights.
All documents provided by the Contractor for the client, such as reports, computer programs, system designs, practices, advice and contracts, can be used by the Client and are multiplying by the Client for his own use in their own organization. Documents provided by the Contractor may not be disclosed, reproduced or operated or operated by the Contractor without the prior written consent of the Contractor, unless otherwise results from the nature of the documents provided.
Article 20. Safeguarding third parties
The Client shall indemnify the Contractor for possible claims by third parties, who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to contractor other than the Contractor.
The client is obliged to assist contractor both in and out of court if the Contractor is addressed on the basis of the first paragraph of this article and without delay all that can be expected of it in that case. If the Client defaults in taking adequate measures, the Contractor is entitled, without notice of default, to do so. All costs and damage seducing on the part of the Contractor and third parties are fully borne by the Client.
Article 21. Maturity period
By way of derogation from the statutory limitation periods, the limitation period of all claims and defences of the Client vis-à-vis The Contractor shall be one year.
Article 22. Contractacquisition
The client is not entitled to transfer any obligation from the Agreement to third parties without the written consent of the Contractor. To the extent that the Contractor may have already given written consent for a contract acquisition, the Client shall at any time remain liable for the obligations of the Agreement of which these general terms and conditions are part of.
Furthermore, to the extent that the Contractor may have already given written consent to a contract takeover, the Client must inform the Contractor prior and the Contractor has the right to terminate the Agreement by the date on which the transfer will take place. Contractor has not been held for any compensation in this respect.
All Agreements between Contractor and the Client only apply Dutch law.
The applicability of the Viennese Purchase Convention is excluded.
Without prejudice to the right of the Contractor to present a dispute to the court competent under the law, disputes between the parties will be submitted to the competent court in the Contractor's place of residence, unless the law requires otherwise.