TERMS AND CONDITIONS OF PRO RESCUE AMSTERDAM
Point 1 APPLICAION
1 These terms and conditions apply to all offers and agreements pertaining to work, sale or resale, hire or loan from Pro Rescue.
2 In these terms and conditions the offerer seller or letter is to be known as the vender and the acceptor of these to be known as the customer
3 Standard conditions of the customer are only applicable if first accepted, in writing, by Pro Rescue
4 If within the terms and conditions reference is made to supply this applies both to the sale and delivery and to the offer and hire of an article or service.
Point 2 OFFERS
2.1 1 All offers are free of obligation unless otherwise clearly stated. All offers are based on information given by the customer in their applications(be these in the form of descriptions , drawings etc) the correctness of which may be assumed by the vender (Pro Rescue.)
2.2 2 The stated prices apply to delivery at the ,by Pro Rescue, specified address unless otherwise stated and do not include purchase tax
3The contents of folders, books or other printed matter are not binding for the vender unless otherwise clearly stated in the agreement.
Point 3 RIGHT OF INDUSTRIAL AND INTELECTUAL PROPERTY.
3.1 1 Unless otherwise agreed Pro Rescue retains the copyright and all other rights, either industrial or intellectual, to all materials supplied in the form of advice, drawings, diagrams, representations, photographs, videos, models, lessons, programs and quotations. The aforementioned all remain the sole property of Pro Rescue and may not be copied, reproduced, used publically, or shown to a third party without express prior permission, even when the costs of same are born by the customer.
The customer is also liable, upon request of Pro Rescue to return the afore- mentioned articles forthwith. Failure to comply resulting in a fine of fl 1,000 (one thousand guildens) per day for the customer.
Point 4 ARTICLES, DESIGNS AND MATERIALS.
1 All information and advice given by the vender are only of a general nature and therefore without obligation and are non binding.
2 The vender does not ,under any circumstances, accepts responsibility for materials that have been supplied by the custome
Point 5 AGREEMENTS
5.1 1 All agreements, however named, only apply after express acceptance by Pro Rescue, this acceptance taking the form of written agreement and confirmation of the included terms.
5.2 2 All agreements made with, or by, unauthorized personnel or employees of Pro Rescue are not legally binding unless, prior, written authorization has been given. Unauthorized personnel or employees may be defined as those without the power of attorney.
Point 6 TIME AND PLACE OF DELIVERY.
1 All deliveries, unless otherwise agreed, are to be made to and from our business address in Amsterdam. Delivery time can be given beforehand if required. Delivery time begins when all technical details have been agreed and verified when all the necessary information has been received by Pro Rescue and where payment or part payment has been made and received.
6.2 2 Any transgression of delivery or delivery time can only result in a claim for damages if this option was agreed with prior written agreement by Pro Rescue. Pro Rescue is only liable, in any other case when the customer proves responsibility and provides written proof of damage caused by late delivery and this only when the customer has allowed the vender extra time for delivery (of at least half of the original delivery time).
3 When the goods and or services have not been collected or cannot be carried out all matters then become the liability of the customer along with all risks or losses.
Point 7 NON EXECUTION OR INCOMPLETION OF TASKS OR SERVICES
1 If, when after agreement, the terms and conditions cannot be executed due to unforeseen or hither to unknown circumstances the vender reserves the right to change the agreement to facilitate its execution.
2 The vender also reserves the right to terminate the agreement in situations, of which it had no prior knowledge, in which it has no control or influence to enable the execution of the same.
Situations in which the vender had no prior knowledge, control or influence can be defined as :-
fire strikes or unofficial work stoppages
the theft or loss of materials
Import, Export trade restrictions
No authorization for postponement exists unless the delivery of articles or services remain impossible or cannot be executed within six months. In which case the agreement can be annulled without the right to either party,. Vender or customer, to claim damages due to the cancellation of same.
If the vender has supplied a part of the agreed services or goods he therefore has the right to a percentage of the agreed remuneration in relation to the performed services or supplied articles.
Point 8 LICENSES
1 The customer must ensure that all licenses, exemptions and similar legal documentation necessary for the delivery of the services or goods are previously applied for.
Point 9 CHANGES AND ALTERATIONS
1 When the services or delivery of goods is impossible or delayed, through no fault of ProRescue, it has the right to charge the customer for any damages or losses at a rate applicable to that moment.
2 The customer is also liable for all unforeseen extra costs in particular:-
a In a situation where extra costs are the result of an inability to carry out services during daytime hours.
b Extra travel and accommodation costs not included in the price.
Any specific costs such as extra personnel costs (extra working hours to the agreed) necessary to complete the supply of services or articles can be passed on by ProRescue to the customer.
Point 10 DELIVERY AND RISK
1 The customer should be present at the delivery of goods or execution of services to control that they meet the specifications required and previously agreed.
2 All claims should be made, by registered post, within 5 days of delivery of goods or services otherwise they will be deemed invalid. This also applies to claims or received invoices.
3 For agreements involving foreign delivery of services or goods, ProRescue accepts no responsibilities or liabilities.
4 If after termination of a rental agreement the customer does not return the rented equipment, or does not return it on time, to ProRescue or an authorized person, he or she becomes liable to all extra (transport) costs resulting. This is in regard to their obligation to remunerate all the costs ensued by damages resulting from this situation.
5 The customer is required to return the material rented to ProRescue by the end of the agreed rental period in a clean and undamaged condition. If this is not the case, all resultant costs for cleaning and repair will be passed on to the customer.
6 Repairs up to an amount of Fl. 500.00 (five hundred guildens), excluding purchase tax, maybe carried out by ProRescue without prior notification to the customer. If the repair costs exceed this amount, the customer will be notified before the repair is effected. If the customer requires an estimated bill this can also be supplied by ProRescue. If the customer cannot be contacted and/or does not reply within a reasonable amount of time, or does not require an estimation, ProRescue is within it’s rights to effect the repairs with the costs being passed on to the customer.
Point 11 LIABILITY
1 The vender is only liable for damages caused to the customer as a direct result of guilt on the part of the vender on the understanding that remuneration for damage will be at a level for which the vender is insured, or otherwise to a standard insurance rate applicable to this branch of work.
2 The customer will waive any right to any liability to ProRescue as a result of damage to a third party due to the material or information supplied by it. The customer is therefore personally liable to any costs arising from such a claim.
3 The customer must at all times allow the vender to repair any shortcomings or defects in the materials or information supplied.
4 It is forbidden for the customer to copy, reproduce or publicly broadcast or show to a third party any of the material or articles rented. It is also forbidden to re-hire to a third party. Both these conditions if broken, incur a fine of Fl. 500.00 (five hundred) a day or part thereof.
Point 12 TRANSPORT
1 All costs in regard to travel and accommodation of goods, after dispatch, are for the customer who should insure possession of adequate insurance for this risk.
Point 13 PAYMENTS
1 All payments should be made to the office of ProRescue.
2 The conditions of payment are negotiable and flexible to comply with the nature of the services supplied.
3 Unless otherwise agreed, all payments should be made in full within 14 (fourteen) days of receipt of the invoice.
4 ProRescue is always entitled to ask for a suitable guarantee of payment from the customer before delivery or execution of services, refusal to give such a guarantee giving ProRescue to declare the agreement null and void, this not effecting the right to remuneration for resultant costs and/or damages.
5 The vender is entitled, in the event of failure to comply with the terms and conditions of payment, to call a halt to all work or activities even in the event of a formally agreed delivery time.
6 Any trade or governmental constrictions or regulations which result in restriction or delay of delivery, do not effect the obligation of the customer to make payment for the goods or services.
7 In a situation when the customer does not effect prompt payment or where the customer becomes bankrupt, ask for a moratorium, is put under guardianship or where there is any embargo of business or progression there of and in the event of the death of the customer or the liquidation or dissolution of his business, the vender retains the right to ask for immediate payment of the whole of the invoiced amount due.
8 In situations where payment is not effected within 14 (fourteen) days after the date of invoice, the vender is entitled to remuneration of lost interest to an amount equal to the legal interest rate applicable at the time, however having a minimum of 10% per annum if the legal interest rate is lower than this. Interest due on a part of a month will be charged as for the whole month.
9 As well as the main requirements to loss of interest ProRescue is also entitled to reimbursement of any other costs caused by non or late payment of the invoiced amount. Any other costs are the liability of the customer also in the case that the vender has used a debt collection agency. These costs will be determined using the collection rates (incasso tarief) advised by the Nederlandse Orde van Advocaten (Dutch order of Lawyers) at that time. In the event that the vender has used a debt collection agency this will then determine the amount and obligation to pay all extra costs. If the vender asks for the bankruptcy of the customer all lost interest, legal and extra costs along with the original invoiced amount become liable to payment by the customer.
Point 14 CANCELLATION
1 The customer is not within his rights to cancel or partially cancel or annul the agreement in a case where he has not, or not fully ,met his obligations.
Point 15 APPLICABLE LAW
1 All agreements fall within the confines of Dutch Law.
2 No agreement falls within the confines of the Vienna Sales Agreement or any other present of future International Trade Agreement applicable to this sort of agreement or contract.
3 All differences and/or disputes arising from any offer or agreement, however named, will be subject to settlement in a civil court in the area of the establishment of the vender unless legal requirements prohibit this.