1.1 These conditions apply to all agreements for execution of work and / or services entered into by Huizing Harvest, based in Emmen, hereinafter referred to as Huizing. 1.2 Special derogations of the Huizing conditions are only binding if agreed in writing.
2.1 Huizing only accepts the applicability of general conditions of contract partners and / or third parties as expressly agreed in writing. 2.2 Any application of the said general conditions, however, show the applicability of the general conditions of Huizing unaffected, unless they conflict with those general conditions of contract partners and / or third parties. 2.3 General conditions are only accepted by Huizing and found only under the above conditions apply to the appropriate transaction. Subsequent transactions will not automatically be handled again through those conditions.
3.1 All offers and / or quotations are without obligation, unless explicitly stated otherwise. Oral offers by Huizing or its employees are not binding, unless confirmed by him. 3.2 Unless otherwise agreed, Huizing is held to maintain his promotions during 30 days. 3.3 When inventory work should be performed for preparing a bid at the client, then these costs are passed to the client.
4.1 The contract for the provision of services or performance of work is binding for Huizing by his written confirmation. Any agreement entered with Huizing contains the condition clause that sufficient creditworthiness of the client will appear, and only considers appropriate. Client will allow Huizing to retrieve certain information if needed. 4.2 Information concerning the properties offered such as, instructions etc., and information in printed matter, drawings, pictures etc. to the offer provided by Huizing, are not binding on him and be in good faith. 4.3 The principal has a duty, to ensure that the work made by Huizing and such is neither copied nor be made available to third parties or that third parties will be notified about contents.
Understandings or agreements with subordinate staff of Huizing do not bind them, if they have not been confirmed by him. Subordinate staff in this regard is considered all workers and employees who have no attorney.
6.1 A fixed-term contract means: -a contract for a certain period, or an agreement that ends at a predetermined date. -a contract for a determinable period, i.e. a period that ends because an objectively determinable event occurs. 6.2 The fixed-term contract ends automatically at the end of the agreed period, without notice. 6.3 Premature termination of fixed-term contract is not possible
7.1 Under the agreement for an indefinite time means an agreement not entered for some time. 7.2 The contract of indefinite duration may be terminated by written notice, which notice of at least 8 weeks must be taken into account. 7.3 A contract for an indefinite period ends only at the end of the month.
8.1 A complete assignment includes the following activities from Huizing: a. setting up a research and / or creating a draft or a preliminary report; b. making a final or draft report; c. the preparation of the implementation; d. the supervision of the implementation; 8.2 A contract may also include advising the client or only one or more components from the preceding paragraph.
9.1 Huizing is authorized to replace the force by another force if necessary. The new force will at least have the knowledge and experience as agreed. 9.2 The client only then has the right to terminate the Huizing agreement if reasonably cannot be expected, that it shall continue.
10.1 On all by Huizing supplied designs, images, graphics etc. he reserves all intellectual property rights. Reproduction, publication and copying are only permitted with its express written consent. 10.2 The in the first paragraph referred design, images, graphics etc. are inalienable property and should be returned immediately at first request. 10.3 Any provision contrary to this act shall the other party a fixed penalty of € 5000.00, Huizing without prejudice to its right to claim full compensation.
11.1 It is not allowed for the acceptance of any work to use Huizing’s advice, designs etc, except when with him agreed, or when the work is carried out by Huizing. Designs and reports remain property of Huizing. 11.2 The advice of Huizing regarding making or taking provisions in connection with performance of his services are non-binding. Huizing is not responsible for technical and engineering facilities at the request or contract or be carried to or in connection with his services.
12.1 Huizing has the right to postpone the implementation of the Agreement if the client does not, not-all or not timely comply with its obligations. 12.2 Unless otherwise agreed, to postpone the work or part of the work such a portion of the bill is due that the state of the work of Huizing matches, plus the costs for Huizing arising out of any existing relevant entered agreements with third parties on behalf of the contract. 12.3 Once the work will progress later, Huizing is authorized to pass the additional work, resulting from the interruption of his work, to the client.
13.1 If the client in any way commits malpractice, he will be in default without any notice is required. Subject to the Civil Code, Huizing event of default the right to its obligations under the agreement to suspend the contract in whole or in part without judicial intervention to declare as dissolved, so it chooses. 13.2 Parties are entitled to the contract with immediate effect, without judicial intervention, by registered letter to dissolve if: a. The other party one or more obligations arising from the agreement and fails to him after a reasonable time is awarded to still to come. Huizing has also sponsor an event or more obligations to fulfill the law, so in his choice, the implementation of the agreement to suspend. b. The other party applying for bankruptcy or is declared bankrupt, obtains or applies for a moratorium on its debt restructuring scheme under the Natural Persons Debt Rescheduling Act is applicable or seizure of all or a portion of its property or assets are placed . c. The other party dies, is placed under guardianship or be dissolved. d. The other party goes on strike or transfers its business or intends to leave the Netherlands. 13.3 Huizing if he paragraph 2 of this Article shall be entitled to an appeal any amount payable by the client on the basis of existing services provided by Huizing, without any warning or notice required to claim in full, undiminished Huizing's right to reimbursement of expenses, damages and interest.
14.1 Each party has the right to contract with immediate effect in writing to terminate before the work assigned and delivered or services are completed or before the agreed term of the contract is terminated. Termination is also possible if the other party when reminded by the terminating party has given written notice of default within a reasonable period prescribed by that notice remains negligent for his obligations or the consequences of his act or omission contrary to the agreement eliminate, or if the other party or suspension of payments in a state of bankruptcy. 14.2 in paragraph 1 of this Article premature termination does not retroactive, but will cause both parties after the date on which the other party receives the notice of termination, no longer obliged to come to agreement. 14.3 Commitments, relating to existing work, services provided and / or periods falling wholly or partly for the time of termination, remain in that position in immediate settlement to follow. 14.4 Notwithstanding the claims, which parties under the agreement and / or present conditions can enforce against each other, will Huizing the client at the end of the contract cancellation or termination by providing such information as the client may reasonably require in order to maintaining the continuity, the activities affected by the agreement may provide for another may.
15.1 Huizing is only liable to the client for the damage they suffered as a direct result of failures by Huizing or persons in his service in the performance of the contract committed, if and where these failures under normal circumstances, normal expertise and subject to normal alertness and method of vakuitoefening could have been avoided, and one other subject in the following paragraphs of this Article limits. 15.2 Huizing for shortcomings of people in his department is not liable if he makes it plausible inefficiencies in the normal attention for its part failed to prevent or detect. 15.3 Huizing is only liable for the work by himself or under his responsibility was designed and where it is performed under his management. 15.4 Huizing is not liable for damages suffered by the client due to acts of contractors or suppliers in violation of the specifications and / or further conditions. 15.5 Huizing cost estimates shall continue to use its best at, but is not liable if the work shows that the estimated cost can not be achieved unless the building costs, purchase price or construction costs are limited. In which case no obligation Huizing calculating fees or charges will plan to work so that building costs, purchase price or construction costs below the limit laid, unless the excess is caused by special circumstances are to be regarded as force majeure. 15.6 In determining the damages payable by Huizing amount will have to take into account the more or less serious nature of the defect which caused the damage, in that this amount is proportionally lower as the weakness less serious. 15.7 In determining the nature of the deficiencies, the impact of the deficiencies in that only eligible if they Huizing reasonably should have foreseen. 15.8 The total compensation by Huizing damage is limited to the amount of him for his services to that work accruing fees, or up to the insured value of the liability insurance. 15.9 If the contract more than one item is concerned, as work here in the sense referred the item to which the damage occurs.
16.1 The Client indemnifies Huizing against any claim of force. 16.2 The customer shall reimburse any damage to the force, which suffers in the performance of his duties for the client unless the client can demonstrate that his obligations under the law is fulfilled or correct the damage caused by intent or deliberate recklessness of the force. 16.3 The client is obliged to ensure a liability, including damage referred to in paragraphs 1 and 2 of this article covered. 16.4 Huizing is not liable for damage caused to the vehicle by the principal to Keep emitted by power was made available.
17.1 Huizing is not liable to the client for the force causing damage to property of the client or third parties. 17.2 Huizing is not liable to the client for the commitments entered into force with or for him to rise against the client or third parties. 17.3 Client shall indemnify Huizing Huizing all liability arising out of damage mentioned in paragraph 1 and 2 of this article. 17.4 The client is obliged to have insurance covering the indemnification and liability.
18.1 The performance will take place in accordance with the company Huizing applicable rate, plus expenses incurred by third parties, unless otherwise agreed. If after the contract the cost of wages, social security, subject to sales tax increases, etc., even those made pursuant to the agreement already foreseeable circumstances, these can be passed. A contract consists of several parts (work) than the fees for each that element separately calculated under this plan unless otherwise agreed. 18.2 Huizing's fee is not dependent on the outcome of the assignment.
The client should refrain from acts which Huizing impossible to carry out its mission, is also required to Huizing all client data and provide information necessary to carry out its mission. If the client wishes the assistance of other consultants to call, they shall not before consulting Huizing.
If instructed to perform a Huizing, who also work in a field other than his own pose, Huizing the client may require an expert in that field is enabled. Before this is undertaken should be agreed with the client system under which the resulting additional cost to the client account will be charged.
21.1 The work includes only that which the parties agreed in writing. 21.2 The client has the right to or during the execution of the work to carry this mutation. Only more work that has been written and as such will contribute to implementation and offsetting benefit. The lack of a written contract shall affect the liability of the principal on the implementation, respectively Huizing on the settlement thereof, if and where other means will be proven that such additional work as assigned. 21.3 By making Huizing costs which originate on beyond his control, the client may be charged. 21.4 If the Client approval of the draft changes to the standards he proposes to work, the additional work necessary consequently be charged separately.
22.1 If the customer cancels the contract and / or refuses to take the goods, he shall by Huizing already purchased materials and commodities, whether processed at the cost price, including wages and social security to take and pay and he is also against Huizing taken to a full reimbursement of the already worked. Huizing Client will also be due compensation if the amount of 1 / 3 of the agreed price. Huizing Customer is also obliged to indemnify against third party claims arising from the cancellation of the contract and / or refusal of the goods. 22.2 Notwithstanding the stated in the preceding paragraph of this article Huizing retains all rights to full compliance with the agreement and / or full damages.
23.1 Exceptional circumstances, such as natural disasters and other storm damage, obstruction by third parties, barriers in transport in general, whole or partial strikes, riots, war or threat of war in this country, exclusions, loss or damage of goods during transport to Huizing and the customer, no delivery or late delivery of goods by suppliers Huizing, total or partial mobilization, frustrating action by any government, fire, malfunctions and accidents in the workplace or in the means of transporting Huizing, or the means transport of others, the imposition of taxes or other government aid, a change in the facts lead, provide for force majeure Huizing, who relieve him of his obligation to provide services without the customer being entitled to compensation of any nature or whatever name may assert. 23.2 Huizing in this or similar cases he, so entirely at his own assessment, the contract to perform services or to cancel, suspend, or modify, until the exceptional circumstances have ceased to exist, the client requires is any service provided to pay.
24.1 The agreed delivery deadlines are not mandatory, unless otherwise expressly agreed. In late delivery, the principal in writing Huizing default. 24.2 The completion deadlines are set in the expectation that there are no obstacles Huizing the implementation of the work to undertake. 24.3 The specified periods commence upon receipt of any and all payments agreed by the client or other parties to provide permits, waivers, approvals, and / or assignments, information, documents, and any such materials and that the place where the work should be carried out, in the opinion of Huizing is such that implementation of the work can be started 24.4 If a specific delivery date is agreed, it is automatically renewed if stagnation occurs, Huizing which can not be charged, such as strikes, war or other special circumstances. including others in the article "Force Majeure mentioned.
25.1 Changes in the original order, of any kind, written or verbally by or on behalf of the Client, which cause higher costs than at which the task could be counted, the client will be charged extra. 25.2 The client, after the provision of the contract, still required changes in its implementation, should the client time and writing Huizing been notified. Are the changes verbally or by telephone, then the risk for the implementation mentation of the changes on behalf of the client. 25.3 Changes may result, that the changes agreed by Huizing delivery outside his responsibility is exceeded.
Huizing is required to keep confidential all information and documents relating to the contract and reasonably be regarded as secret. As long as the client a report not made public Huizing Huizing is not permitted, through publication or otherwise publicize it unless the principal purpose authorized.
27.1 Payments, including those in installments must be made within 14 days after submission of the invoice, unless otherwise agreed. Huizing is entitled if payment of the due within the prescribed period he has received, issue an ad rate. 1.25% per month calculated, counted from the date of dispatch of the invoices. 27.2 Huizing is also entitled, outside the principal and interest to the client all costs, both judicial and extrajudicial, caused by the non payment to recover, including the costs of lawyer, attorney, agent, bailiff and collection agency. 27.3 All judicial and extrajudicial costs shall be borne by the client. The extra costs will be calculated as II report or, if this report is obsolete, according to the tariffs set by the Dutch Association of Judiciary then will be considered reasonable. Also, the extrajudicial costs plus all costs of legal advice and assistance. 27.4 The mere fact that Huizing has secured the assistance of third shows the size and the obligation to pay the extra judicial costs.
All disputes arising from contracts concluded between parties, including the recovery of any due, will the Civil Court of the location of Huizing, if she so chooses, be brought if the Civil Court legally competent.
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