Terms and Conditions - timdamen.nl

Definitions

timdamen.nl: timdamen.nl, established in Zoetermeer, Chamber of Commerce no. 94536767. timdamen.nl is the trade name of Tim Damen.
Customer: the party which timdamen.nl has entered into an agreement with.
Parties: timdamen.nl and customer.

Applicability

These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of timdamen.nl.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Offers and quotations

An offer or quotation is valid for a maximum period of 2 weeks from its 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, the offer or quotation will lapse.
Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance

Upon acceptance of a quotation or offer without engagement, timdamen.nl 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 of the customer only commits timdamen.nl after the customer has confirmed this in writing (or electronically).

Prices

All prices used by timdamen.nl are in euros, exclusive of VAT.

Payments and payment term

The customer must have paid the full amount within 1 month after delivery.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without timdamen.nl having to send the customer a reminder or to put him in default.
timdamen.nl 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.

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 his right to settle any debt to timdamen.nl with any claim on timdamen.nl.

Guarantee

When parties have entered into an agreement with services included, these services only contain best-effort obligations for timdamen.nl, not obligations of results.

Performance of the agreement

timdamen.nl executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
timdamen.nl has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.

Duty to inform by the customer

The customer shall make available to timdamen.nl 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, unless otherwise ensuing from the nature of the agreement.
If and insofar as the customer requests this, timdamen.nl will return the relevant documents.
If the customer does not timely and properly provide the information, data or documents reasonably required by timdamen.nl and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Indemnity

The customer indemnifies timdamen.nl against all third-party claims that are related to the products and/or services supplied by timdamen.nl.

Complaints

The customer must examine a product or service provided by timdamen.nl 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 timdamen.nl of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that timdamen.nl is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to timdamen.nl being forced to perform other work than has been agreed.

Joint and several Client liabilities

If timdamen.nl enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to timdamen.nl under that agreement.

Liability of timdamen.nl

timdamen.nl is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If timdamen.nl is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
timdamen.nl is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If timdamen.nl 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 of the damages the amount of 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 are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Every right of the customer to compensation from timdamen.nl shall, in any case, expire within 6 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.

Force majeure

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of timdamen.nl in the fulfillment of any obligation to the customer cannot be attributed to timdamen.nl in any situation independent of the will of timdamen.nl, 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 timdamen.nl.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as Act of God, 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 timdamen.nl cannot fulfill one or more obligations towards the customer, these obligations will be suspended until timdamen.nl can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
timdamen.nl 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.

Transfer of rights

The customer cannot transfer its rights deferring from an agreement with timdamen.nl to third parties without the prior written consent of timdamen.nl.
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 timdamen.nl had in mind when drafting the conditions on that issue.

Applicable law and competent court

Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where timdamen.nl is established is exclusively competent in case of any disputes between parties.