Basket

GENERAL TERMS AND CONDITIONS

of the limited liability company BBP Light bv,
with registered office and principal place of business in Amsterdam at Abberdaan 194.

Article 1 Definitions


In these terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise.
User: user of the general terms and conditions: BBP Light bv.
Agreement: the contract of sale/purchase.
Material: equipment and installations.
Activities: discussions, studies, site visits, calculations, budgets and working drawings.


Article 2 General
1. The present terms and conditions shall apply to every offer and agreement between the user and a buyer to which the user has declared the present terms and conditions applicable, insofar as the parties have not explicitly deviated from the present terms and conditions in writing.　

2. The present terms and conditions shall also apply to all agreements between the user and a buyer for the execution of which third parties must be engaged.
3. Any deviations from the present general terms and conditions shall only be valid if they have been explicitly agreed upon in writing.
4. The applicability of any purchase or other terms and conditions of the buyer is expressly rejected.
5. All assignments, of whatever nature, shall be carried out to the best of user's knowledge and ability.
6. If one or more provisions of these terms and conditions are null and void or should be annulled, the other provisions of these terms and conditions shall remain fully applicable. The user and the buyer shall then consult in order to agree on (a) new provision(s) to replace the null and void or annulled provision(s), whereby the purpose and purport of the original provision(s) shall be observed as much as possible.
7. Unless the text indicates otherwise, these general terms and conditions apply to rental and sale by the user as well as to lighting and installation work and all further deliveries or services by or on behalf of the user.
8. The hirer or purchaser or the person contracting out lighting and/or installation work or the person on whose instructions the supply or service is carried out is hereinafter referred to as the client.
9. The client cannot invoke any stipulations, agreements or arrangements that deviate from these general terms and conditions if these have not been confirmed in writing by the user.


Article 3 Prices

1. Unless otherwise agreed, all prices are net excl. V.A.T., in Euros and apply to work or deliveries or deliveries to and/or from Amsterdam.
2. If prices are stated in foreign currency, the equivalent value in euros, if stated, shall only be approximate.
3. Differences from approximate quotations do not constitute grounds for dissolution, cancellation or compensation.


Article 4 Payment

1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by the user in the currency in which the invoice was made. Objections to the amount of the invoices do not suspend the payment obligation.

2. In the event of payment in a shorter period of time, the user may, however, grant a reduction without being obliged to do so.

3. If the client has not objected in writing within 8 days after receipt of the invoice at the latest, he shall be deemed to have approved the invoice.

4. For the provision of the goods, payment of a deposit or part of the agreed sum shall be required, if this has been stated under the conditions.

5. During the term of the contract, an increase of the deposit or other security for the fulfilment of the payment obligations may be demanded, even if credit is stipulated for a period longer than the payment period.

6. If the buyer remains in default of payment within the period of 14 days, then the buyer is legally in default. In that case the Buyer will owe interest of 1% per month, unless the statutory interest or statutory commercial interest is higher, in which case the statutory interest or statutory commercial interest will apply. The interest on the amount due and payable will be calculated from the time the Buyer is in default until the time of payment in full.

7. In the event of liquidation, bankruptcy, attachment or suspension of payment of purchaser, user's claims against purchaser will be immediately due and payable. In that case, user shall be entitled to send purchaser an invoice for the goods delivered up to that point in time or for any expenses incurred, including loss of hours. In that case the user will never be liable and/or liable to pay damages to the buyer.

8. The user shall be entitled to have the payments made by the buyer go first of all to reduce the costs, then to reduce the interest that has fallen due and finally to reduce the principal sum and the accrued interest, even if the buyer designates a different sequence of attribution. User may refuse full repayment of the principal sum if the outstanding and accrued interest as well as the costs are not also paid.

9. Payments for goods intended for export must be received by the user before delivery can be made.

10. User reserves the right to invoice orders, which are executed in parts, per partial delivery.

11. In the event of an extension of the order (additional work, overrun production, etc.) or in the event of a reduction in the order, a reduction in the agreed work (such as shorter production time, less work, etc.), an increase or reduction in the agreed amount shall be calculated which the User deems fair.

Article 5 Collection costs

1. If the Buyer is in default or default in the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain extrajudicial satisfaction shall be borne by the Buyer. In any event, the Buyer shall owe collection costs in the event of a monetary claim. The collection costs will be calculated in accordance with the Voorwerk II report, or the regulation that will replace it.

2. If user has incurred higher costs than would have been due according to paragraph 1 and which were reasonably necessary, these costs shall also be for buyer's account.

3. Any reasonable judicial and execution costs incurred shall also be for buyer's account.

Article 6 Offers

1. All offers, including stated times of availability or work are always without obligation; all offers are furthermore based on the data provided by the client at the time of the request and any measurements made by the user.

2. 2. Designs for installations to be placed, statements of current and lighting strengths, and statements of lighting and other electrotechnical material by the user, are only approximate and with all reservations on the part of the user, who is not liable for any differences, while on the grounds of differences no cancellations or compensation can be made or requested.

3. By making the offer, the user accepts no responsibility for an installation designed by the client or materials used by him which do not originate from the user or, in the event that the materials do originate from the user, for the use thereof by the client or the consequences of such use.

4. All offers are made by user under the condition that prices and/or conditions can be changed by user at all times. User undertakes to inform the client in good time of any such changes. An unperformed agreement or part thereof will be carried out by user at the changed price and/or conditions, subject to the right of the client to cancel unexecuted orders or part thereof within eight days after the date of notification of the change.

5. Taxes such as turnover tax and/or other levies imposed on the delivery or service shall in any case be for the account of the client.

Article 7 Risk and liability

1. User keeps, maintains and supplies equipment and material in the best possible condition. Returned material is immediately cleaned and checked and, if necessary, repaired in order to provide clients with the best possible service. Nevertheless, errors and malfunctions may occur which may affect the intended use of the material. user cannot be held liable for these, except for timely complaints as referred to below in paragraph 2. In the event of timely complaints as referred to in paragraph 2, user shall only be obliged to repair and not to replace material or parts thereof and under no circumstances to compensate for any damage whatsoever.

2. By taking delivery of the material made available the client declares to have received the material in good condition, except for complaints made in writing by the client to the user within 8 days.

3. The client bears the risk for and is liable for the material made available by user. In the event that the client is obliged to return that material, for example in the event of rent, he shall be obliged to return that material in the same good condition as when it was received and to reimburse all damaged or missing materials or parts thereof, whatever the cause of the damage or absence.

4. Should a malfunction occur during the use of the material made available, which must be repaired at the user's expense, either by virtue of the guarantee or by virtue of rental, the user must be notified immediately, who will try to remedy the malfunction as soon as possible.

5. user shall not be liable towards either client or third parties on account of incorrect handling or incorrect use of the material made available to client either by client himself or by persons designated by him or by third parties.

6. Nor shall user be liable on account of errors in the material itself on account of failure to fulfil his obligations due to force majeure, or failure to fulfil them in full or in time.

7. In the event of damage caused by incorrect handling or incorrect use by or on behalf of client of user's materials or client's own equipment or materials, the client shall be liable to user or third parties for such damage. Client shall indemnify user against all claims of third parties in this respect.

8. Insofar as the assignment is carried out in accordance with drawings, models, etc. or instructions of the client, the client shall guarantee to user that no trademark, patent, utility or trade model, copyright or any other right of third parties will be affected in the execution of the assignment by user, and the client shall indemnify user against any claims of third parties in this respect.

9. The client is obliged to insure and keep insured, at his own expense, the risks and liabilities to be borne by him towards user.

Article 8 Force majeure and cancellations

1. Force majeure shall be deemed to include not only all facts which temporarily or permanently prevent the execution of the agreement and which cannot be attributed to the user, but in any case also cases of strike, exclusion, fire, flooding, frost, lack of means of transport, government regulations, refusal of import licence or foreign exchange licence by the government, Insurrection, mobilisation, war, state of siege, blockade, business interruption, untimely or faulty delivery of materials or raw or auxiliary materials, accident, illness, intent or negligence of personnel and unfavourable weather conditions, regardless of whether these circumstances occur at the user or at its suppliers.

2. Force majeure with regard to travel and/or transport shall in any case be deemed to be fog, slipperiness, and other weather conditions hindering traffic, as well as traffic accidents, even if they are due to the user's own cause.

3. If the assignment cannot be carried out as foreseen, arranged or without interruption due to force majeure, user shall be entitled to charge the resulting costs to the client. Changes to the original assignment shall be calculated on an equitable basis.

4. If during the execution of the assignment it appears that circumstances unknown to user or force majeure have occurred as a result of which the work cannot be carried out at all or only changed, user shall be entitled to demand that the assignment be changed in such a way that the assignment becomes possible, or if the assignment can never be carried out, to demand payment of the part of the assignment already carried out, as well as reimbursement of costs incurred.

5. In the event of partial non-execution other than due to force majeure, each partial assignment, including one or more parts of a compound assignment, shall be calculated in proportion to the parts already executed.

6. The client cannot unilaterally cancel the order. A cancellation shall therefore only be valid if and insofar as it has been accepted by user.

7. In the event of cancellation of an assignment by the client, the client shall be obliged to pay compensation for all time spent on preparation, all costs incurred for the performance of the assignment, the reservation of material and any damage or loss demonstrably caused by the cancellation.

8. user shall have the right to cancel or immediately terminate the assignment, while retaining its relevant rights as referred to in article 3 paragraph 8, if in its opinion such a circumstance arises that its rights in respect of the material made available by user are prejudiced or endangered, as well as in the event that client fails to comply with one or more of these general terms and conditions or acts contrary thereto.

9. In such cases, including the case that the client is declared bankrupt, dies, applies for suspension of payment, or that the material made available or any part thereof or any part of the client's capital is seized, user shall be authorised to remove that material, if necessary by means of the strong arm, immediately and without any prior warning or notice of default, from the place where it is located and to which user shall at all times have access.

Article 9 Retention of title

1. Ownership of material purchased by the Principal - other than used material - shall be retained by the User until full payment has been made.

2. Insofar as material is purchased from third parties through the intermediary of user, the ownership of such third parties remains reserved until full payment has been made.

3. Samples, photographs, drawings, diagrams, models and tools etc. remain our property and may not be copied or made available to third parties, even if they have been paid for in full or in part by the client.

Article 10 Transport and storage, travel and accommodation costs

1. Therefore, transport costs for installation work are for the account of the client, both in case of own transport by the user and in case of transport by third parties.

Transport costs include: driving ahead, a certain amount per kilometre and driving back.

The minimum transport costs shall in any case be 25 kilometres.

Storage costs are also for the account of the client. All these costs will be charged separately to the client.

2. Travel and accommodation costs, which user deems necessary in connection with the agreement concluded with the client, will be charged separately by user to the client. This also includes the costs of meals and other refreshments.

3. All goods, including return shipments, will be transported at the expense and risk of the client. If and insofar as due to an interruption in transport or travel, even if the cause thereof lies in the user's own means of transport, or its personnel, goods are not delivered on time or the service cannot be performed on time, no compensation of any kind may be claimed from the user in this respect.

Article 11 Work (Duration)

1. The duration of the work shall be set for a normal working day at 8 hours, including an hour break. Any work carried out above this shall be regarded as overtime.

2. If the work is continued for more than 8 hours, the work shall be interrupted for an hour and a half between 18:00 and 20:30 for the evening meal; this time shall not be charged.

3. More than 10 hours per day shall not be worked; moreover, after two days more than 8 hours have been worked, no more than 8 hours shall under any circumstances be worked for two days thereafter.

4. Saturdays, Sundays and public holidays shall not be worked.

5. Work on these days shall be regarded as overtime with a minimum of a whole day, even if less than 8 hours are worked.

6. However, either Saturday or Sunday shall in any event be a day off, while on the other day no work shall in any event exceed 8 hours.

7. A day on which work is done does not start before 8 a.m. in the morning.

8. The starting time for the work is the departure from the pitch (Amsterdam or overnight pitch) and the end time is the arrival there.

Article 12 Installations

1. Installation work includes, unless otherwise agreed, delivery free of charge to the place of execution of the materials required for the installations.

Not part of the work and responsibility of the user:

a. earthwork, demolition, foundation work, masonry, carpentry, plastering, painting or other construction work, forging or plumbing work, or the construction of electrical or electronic works other than that provided for at the time of acceptance of the order, nor the provision of any material for that purpose;

b. the multiple assistance for moving those parts which cannot be handled by a man provided by the user, as well as the hoisting equipment and hoists to be used for that purpose;

c. the supply and manufacture of scaffolding, ladders, street and terrain barriers and other such facilities;

d. the erection of installations other than those normally required for the supply of lighting work, as well as all work required by the electricity supply company for the connection to the electricity grid and the reimbursement of all costs owed to the electricity supply company for this connection;

e. the provision of private or police assistance with site or street fencing and the payment of any compensation for this;

f. iron and woodwork for the lighting installation installed, both with regard to the supply of the materials required for this as well as the work to be carried out for this purpose.

2. The client is obliged to ensure that all work that does not fall under the responsibility and the work of the user and that is required for the delivery or service by the user has been carried out in such a timely manner that the work of the user is not delayed.

3. Delivery is understood to mean the complete or operational readiness of the installations and/or the performance of the work agreed upon with this installation by user. As a result of such delivery, the user shall be deemed to have performed the agreement, subject to a complaint made in writing to the user by the client within 8 days. Defects in part of the installation do not give the right to reject the entire installation if this defect can be remedied within a reasonable subsequent delivery period.

Article 13 Rent

1. Client shall at all times be obliged to show the rented object to user or to the person authorised by user; user shall in any case at all times have access to the place or places where the rented object is located in order to inspect the presence of the rented object and its condition.

2. Client is not permitted to remove or make illegible the nameplate or any other indication of the origin or ownership of the material.

3. The client is not permitted to rent out the rented material or to allow another person to use or use it for purposes other than those for which it is intended or to expose it to the risk of damage or loss. Transport in any other way than by suitable means of transport, and properly stowed or packed or protected, is not permitted. Transportation abroad is not permitted, unless agreed otherwise.

4. In the event of damage to or destruction of the rented object, the client shall be obliged to reimburse the user for the costs of repair or replacement.

5. In the event that the rented object is not returned, not returned on time or not returned in full at the end of the rental period, the client shall be liable for all damage resulting therefrom, without any notice of default being required, but no less than twice the rental price of the entire material for the period during which the client is in default, with a minimum of any deposit agreed.

6. In the event of rental of material, at least a fixed amount according to the quotation will be charged for delivery or collection.

7. In the event of rental, materials to be consumed such as paper, rope, wood, nails, paint, filter material, etc. shall also be charged for. - 7. Materials to be used for renting, such as paper, rope, wood, nails, paint, filter material, etc., are also charged according to cost price. These costs will be calculated afterwards.

Article 14 Disputes

1. The court in the district in which user has its registered office shall have exclusive jurisdiction to hear disputes.

2. The parties shall only appeal to the court after they have done their utmost to settle a dispute in mutual consultation.

Article 15 Applicable law

All agreements between the user and the buyer are governed by Dutch law.

Amsterdam, 18 February 2005

Deposited at http://www.voorwaarden.net/