General Terms and Conditions
Thijs Bongertman Data Solutions
E-mail: thijs@tbd-solutions.com
Website: www.tbd-solutions.com
Definitions
Thijs Bongertman Data Solutions: Thijs Bongertman Data Solutions, established in Schiedam, Chamber of Commerce no. 92882471.
Customer: the party which has entered into an agreement with Thijs Bongertman Data Solutions.
Parties: Thijs Bongertman Data Solutions and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Thijs Bongertman Data Solutions. Deviations from these conditions are only possible if explicitly agreed upon in writing by the parties.
Supplementary and/or deviating general terms and conditions of the customer or third parties are expressly excluded.
Offers and Quotations
Offers and quotations from Thijs Bongertman Data Solutions are non-binding unless expressly stated otherwise.
Offers and quotations are valid for a maximum period of 1 month from their date, unless another acceptance period is stated in the offer or quotation. If the customer does not accept an offer or quotation within the applicable time frame, it will lapse.
Offers and quotations do not apply to repeated orders unless agreed upon explicitly in writing.
Acceptance
Upon acceptance of a non-binding quotation or offer, Thijs Bongertman Data Solutions reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
Verbal acceptance by the customer only commits Thijs Bongertman Data Solutions after the customer has confirmed this in writing (or electronically).
Prices
All prices used by Thijs Bongertman Data Solutions are in euros, inclusive of VAT, and exclusive of any other costs such as administration fees, levies, and travel, shipping, or transport expenses, unless expressly stated otherwise or agreed otherwise.
Thijs Bongertman Data Solutions is entitled to adjust all prices for its products or services at any time. The price related to services is determined by Thijs Bongertman Data Solutions based on actual working hours.
If parties have agreed on a total price for a service, it is always a target price unless explicitly agreed upon in writing as a fixed price.
Thijs Bongertman Data Solutions is entitled to deviate up to 10% of the target price. If the target price exceeds 10%, the customer will be informed in due time, and the customer has the right to cancel the part of the order exceeding the target price by 10%.
Thijs Bongertman Data Solutions has the right to adjust prices annually and will communicate price adjustments to the customer before the increase becomes effective.
Consumers have the right to terminate the contract if they do not agree with the price increase.
Payments and Payment Term
Thijs Bongertman Data Solutions may require a down payment of up to 50% of the agreed amount at the conclusion of the agreement. The customer must pay the full amount within 14 days after delivery.
If the customer does not pay within the agreed term, they are legally in default without any further notice. Thijs Bongertman Data Solutions reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of Late Payment
If the customer does not pay within the agreed term, Thijs Bongertman Data Solutions is entitled to charge interest from the day the customer is in default. Additionally, the customer may be obliged to pay extrajudicial collection costs and any compensation due to Thijs Bongertman Data Solutions.
If the customer is in default, Thijs Bongertman Data Solutions may suspend its obligations until the payment obligation is met.
In the event of liquidation, bankruptcy, or suspension of payment on behalf of the customer, the claims of Thijs Bongertman Data Solutions on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Thijs Bongertman Data Solutions, they are still obliged to pay the agreed price.
Suspension of Obligations by the Customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Settlement
The customer waives their right to settle any debt to Thijs Bongertman Data Solutions with any claim on Thijs Bongertman Data Solutions.
Insurance
The customer undertakes to adequately insure the following items against fire, explosion, water damage, and theft:
- Goods delivered necessary for the execution of the underlying agreement
- Goods that are property of Thijs Bongertman Data Solutions and present at the premises of the customer
- Goods delivered under retention of title
At the first request of Thijs Bongertman Data Solutions, the customer will provide the insurance policy for inspection.
Guarantee
When parties have entered into an agreement that includes services, these services only contain best-effort obligations for Thijs Bongertman Data Solutions, not obligations of results.
Performance of the Agreement
Thijs Bongertman Data Solutions executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Thijs Bongertman Data Solutions has the right to have the agreed services (partially) performed by third parties. Execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
It is the responsibility of the customer to ensure that Thijs Bongertman Data Solutions can start the implementation of the agreement on time. If this is not ensured, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to Inform by the Customer
The customer shall make available to Thijs Bongertman Data Solutions all information, data, and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
The customer guarantees the correctness, completeness, and reliability of the information, data, and documents made available, even if they originate from third parties.
If the customer requests it, Thijs Bongertman Data Solutions will return the relevant documents. If the customer does not timely and properly provide the necessary information, data, or documents, and this delays the execution of the agreement, the resulting additional costs and extra hours will be charged to the customer.
Indemnity
The customer indemnifies Thijs Bongertman Data Solutions against all third-party claims related to the products and/or services supplied by Thijs Bongertman Data Solutions.
Complaints
The customer must examine a product or service provided by Thijs Bongertman Data Solutions as soon as possible for possible shortcomings. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Thijs Bongertman Data Solutions as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Thijs Bongertman Data Solutions within two months after detection of the shortcomings.
The customer gives as detailed a description as possible of the shortcomings to enable Thijs Bongertman Data Solutions to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, it cannot lead to Thijs Bongertman Data Solutions being forced to perform other work than has been agreed.
Giving Notice
The customer must provide any notice of default to Thijs Bongertman Data Solutions in writing. It is the responsibility of the customer that a notice of default actually reaches Thijs Bongertman Data Solutions in time.
Joint and Several Client Liabilities
If Thijs Bongertman Data Solutions enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Thijs Bongertman Data Solutions under that agreement.
Liability of Thijs Bongertman Data Solutions
Thijs Bongertman Data Solutions is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. If Thijs Bongertman Data Solutions is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
Thijs Bongertman Data Solutions is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties. If Thijs Bongertman Data Solutions is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company, the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry Period
Every right of the customer to compensation from Thijs Bongertman Data Solutions shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if Thijs Bongertman Data Solutions imputably fails in the fulfillment of its obligations unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Thijs Bongertman Data Solutions is not permanently or temporarily impossible, dissolution can only take place after Thijs Bongertman Data Solutions is in default.
Thijs Bongertman Data Solutions has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement or if circumstances give Thijs Bongertman Data Solutions good grounds to fear that the customer will not be able to fulfill their obligations properly.
Force Majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Thijs Bongertman Data Solutions in the fulfillment of any obligation to the customer cannot be attributed to Thijs Bongertman Data Solutions in any situation independent of the will of Thijs Bongertman Data Solutions, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Thijs Bongertman Data Solutions.
The force majeure situation referred to is also applicable, but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages.
If a situation of force majeure arises as a result of which Thijs Bongertman Data Solutions cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Thijs Bongertman Data Solutions can comply with them.
If a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Thijs Bongertman Data Solutions does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the Agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the General Terms and Conditions
Thijs Bongertman Data Solutions is entitled to amend or supplement these general terms and conditions. Minor changes can be made at any time.
Major changes in content will be discussed by Thijs Bongertman Data Solutions with the customer in advance as much as possible. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
The customer cannot transfer their rights deriving from an agreement with Thijs Bongertman Data Solutions to third parties without the prior written consent of Thijs Bongertman Data Solutions. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of Nullity or Annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Thijs Bongertman Data Solutions had in mind when drafting the conditions on that issue.
Applicable Law and Competent Court
Dutch law exclusively applies to all agreements between the parties. The Dutch court in the district where Thijs Bongertman Data Solutions is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
