Terms and Conditions
- Kees Fremery Advice & Training
Established and office-based at 5038 GA Tilburg at the Noordhoekring 3-07, hereinafter referred to as: KFAT
Article 1. Definitions
- In These general conditions, the following definitions apply:
KFAT : Kees Fremery Advice & Training;
Client : The other party of KFAT.
Article 2. Applicability of these conditions
- These terms apply to each offer and any agreement between KFAT and a client to which KFAT has declared these terms and conditions, insofar as these conditions are not by Parties has been expressly waived in writing.
- The present conditions shall also apply to all agreements with KFAT for the implementation of which third parties should be involved.
Article 3. Quotations
- All our quotations are without obligation, unless a deadline for acceptance has been mentioned in the quotation.
- The quotations made by KFAT are without obligation; they are valid for 30 days, unless otherwise indicated. KFAT is bound to the tenders only if the acceptance of this is confirmed by the other party in writing within 30 days.
- The prices in the mentioned quotations are excluding VAT, unless stated otherwise
Article 4. Implementation of the Agreement
- KFAT will carry out the agreement in the best view and ability and in accordance with the requirements of good craftsmanship and on the basis of the currently known state of Science.
- If and to the extent that a proper performance of the agreement so requires, KFAT has the right to have certain activities performed by third parties.
- The client shall ensure that all data, of which KFAT indicates that they are necessary or which the client reasonably ought to understand that they are necessary for the performance of the agreement, in due time to KFAT are provided. If the data required for the performance of the contract have not been provided to KFAT in good time, KFAT shall have the right to suspend the performance of the agreement and/or the additional Charge to the client at the usual rates.
- User is not liable for damages of any kind, because KFAT assumes incorrect and/or incomplete data provided by the client, unless such incorrectness or incompleteness belonged to her.
- If it has been agreed that the agreement will be carried out in phases, KFAT may suspend the execution of those components which are to a subsequent stage until the client has completed the results of the preceding stage in writing has approved.
Article 5. Contract duration Execution time
- The agreement is entered into indefinitely, unless the parties expressly agree otherwise in writing.
- If a deadline has been agreed within the duration of the agreement for the completion of certain activities, this is never a fatal deadline. If the execution deadline is exceeded, the client must therefore provide KFAT in writing in default.
Article 6. Amendment of the agreement
- If, during the performance of the agreement, it appears that for proper execution it is necessary to amend or supplement the work to be carried out, the parties shall, in good time and by mutual agreement, accordingly Customize.
- If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected thereby. KFAT will notify the client as soon as possible.
- If the amendment or addition to the agreement has financial and/or qualitative consequences, KFAT will inform the client beforehand.
- If a fixed fee has been agreed, KFAT will indicate to what extent the modification or addition of the agreement results in an overrun of this fee.
- By way of derogation from paragraph 3, KFAT shall not be able to charge additional costs if the change or supplement is due to circumstances attributable to it.
Article 7. Secrecy
Both parties are obliged to maintain the confidentiality of all confidential information they have obtained from each other or from another source in the context of their agreement. Information shall be considered confidential if it has been communicated by the other party or if it arises from the nature of the information.
Article 8. Intellectual
- Without prejudice to the provisions of article 7 of these conditions, KFAT reserves the rights and powers conferred on it by virtue of the Copyright Act.
- All documents provided by user, such as reports, opinions, designs, sketches, drawings, software, etc., are intended exclusively for use by the client and may not be used by him without the prior consent of KFAT be reproduced, disclosed, or brought to the knowledge of third parties.
- KFAT also retains the right to use the knowledge increased by the execution of the work for other purposes, insofar as no confidential information is communicated to third parties.
Article 9. Termination
Both parties may terminate the agreement in writing at any time. In that case, the parties must observe a notice period of at least 2 full calendar months.
Article 10. Dissolution of the agreement
- The claims of KFAT on the client are immediately payable in the following cases:
- - After the conclusion of the agreement to KFAT notified circumstances , KFAT give good ground to fear that the client will not fulfil its obligations;
- - If KFAT asked the client at the conclusion of the agreement to provide security for the fulfilment and that this security is not sufficient.
- In the cases mentioned, KFAT is entitled to suspend the further execution of the agreement or to dissolve the agreement, one and another without prejudice to the right of KFAT to claim compensation.
Article 11. Defects Complaint deadlines
- Complaints about the work performed must be reported to KFAT by the client within 8 days after discovery, but no later than 14 days after completion of the work in question.
- If a complaint is well-founded, KFAT will still perform the work as agreed, unless this has become demonstrably insignificant for the client. The latter must be made known in writing by the client.
- If the provision of the agreed service is no longer possible or meaningful, KFAT will only be liable within the limits of article 15.
Article 12. Fee
- For offers and agreements in which a fixed fee is offered or agreed, paragraphs 2, 5 and 6 of this article shall apply. If no fixed fee is agreed, paragraphs 3 to 6 of this article shall apply.
- Parties may agree on a fixed fee when the contract is concluded. The fixed fee is exclusive of VAT.
- If no fixed fee is agreed, the fee will be determined on the basis of actual hours spent. The fee is calculated according to the usual hourly rates of KFAT, applicable for the period in which the work is carried out, unless a different hourly rate has been agreed.
- Any cost estimates are exclusive of VAT.
- For contracts with a maturity of more than 2 months, the costs payable will be charged periodically, unless otherwise agreed by the parties.
- If KFAT agrees with the client a fixed fee or hourly rate, KFAT is nevertheless entitled to increase this fee or rate. KFAT may pass on price increases if KFAT can demonstrate that significant price changes have occurred between the moment of offer and delivery in respect of e.g. wages.
Article 13. Payment
- Payment must be made within 14 days after the invoice date, in a manner to be stated by KFAT in the currency in which it was invoiced, unless otherwise agreed by the parties.
- After the expiry of 14 days after the invoice date, the principal is in default; The principal shall owe an interest of 1% per month from the moment of default on the amount payable, unless the statutory interest is higher in which Case the statutory interest rate applies.
- In case of liquidation, bankruptcy or suspension of payment of the client, the claims of KFAT and the obligations of the client against KFAT will immediately be payable.
- Payments made by the sponsor shall always, in the first place, cover all interest and costs owed, in the second place of any payable invoices which are the longest open, even if the sponsor mentions that the satisfaction On a later invoice.
Article 14. Collection costs
- If the principal Is in default or in default with the fulfilment of one or more of his obligations, then all reasonable costs of obtaining satisfaction shall be borne by the client.
- If KFAT proves to have incurred higher costs, which were reasonably necessary, they will also be eligible for reimbursement.
Article 15. Liability
If KFAT is liable, the liability shall be limited as follows:
- KFAT's liability is limited to twice the invoice value of the contract, at least that part of the contract to which the liability relates.
- In derogation from the above mentioned in paragraph 1 of this article, in the course of a contract longer than six months, the liability is further limited to the portion of the fee payable over the last three months.
- The limitations of liability contained in these Terms and conditions do not apply if the damage is due to intent or gross negligence of KFAT.
- KFAT is never liable for consequential damages.
Article 16. Force majeure
- Force majeure is understood in these general terms and conditions in addition to what is understood in the law and jurisprudence, all of the outside causes, foreseen or not foreseen, on which user can not exercise influence, but whereby user is unable to fulfil its obligations.
- KFAT also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after KFAT has had to fulfil its commitment.
- During force majeure, KFAT 's obligations are suspended. If the period in which KFAT is not able to fulfil its obligations by force majeure lasts longer than 2 months, both parties are entitled to terminate the Agreement without any obligation to Compensation exists.
- If, in the event of the Force Majeure, KFAT has already partially fulfilled its obligations, or can only partially fulfil its obligations, it shall be entitled to separate the already implemented or enforceable part Invoice and the client is obliged to comply with this bill if it concerned a it a separate contract. However, this does not apply if the already implemented or executable part has no independent value.
Article 17. Dispute resolution
The court in the place of residence of KFAT shall have exclusive jurisdiction to hear disputes, unless the District Court has jurisdiction. Nevertheless , KFAT has the right to sue its counterparty for the court competent under the law.
Article 18. Applicable law
Every agreement between KFAT and the client is the law of the Netherlands applicable
Article 19. Change and location of the conditions
These conditions are deposited at the offices of the Chamber of Commerce in Breda. The last registered version or the version as it applied at the time of the conclusion of this contract is always applicable.