TERMS OF CONDITIONS FOR DAMAGECARE Europe BV (SchadeZorg Europa)
Article 1: General
1.1 In these general terms and conditions “Client” means any (legal) person with DamageCare Europe BV (“DamageCare Europe” + “SchadeZorg Europa”) enter into negotiations and / or agreements with respect to concerns by DamageCare Europe to be performed and / or services to be delivered.
1.2 These terms and conditions apply to all offers and tenders of DamageCare Europe and DamageCare Europe executed or execute orders and contracts. DamageCare Europe shows application of standard terms and conditions of the customer or other general conditions explicitly.
1.3 Any deviations from these general conditions bind DamageCare Europe only if expressly agreed in writing.
Article 2: Agreement
2.1 All offers and / or quotations from DamageCare Europe are free. A contract is formed when a by DamageCare Europe cast offer or tender is accepted in writing or verbally by the client, or if the client to DamageCare Europe order issued by General Health Europe writing to the client is attached.
2.2 Changes to the contract, of whatever nature, will be effective only if agreed in writing between DamageCare Europe and the client/costumer.
2.3 If the customer after conclusion of the agreement still requires changes in its implementation, it is up to DamageCare Europe to determine whether and under what (further) conditions these changes in the context of the agreement can still be accepted.
2.4 DamageCare Europe is authorized in case of changes in the contract, of any kind, the higher costs associated with bringing these changes in the client’s account.
Article 3: Implementation of the agreement
3.1 All orders shall be deemed to have been exclusively given to and accepted by DamageCare Europe. DamageCare Europe determine the manner in which and by which person or persons, whether or not its organization, the agreement is implemented. The effect of Article 7: 404 of the Dutch Civil Code (“DCC”), which provides a framework for the case the explicit or implicit intent that an assignment will be carried out by a specific person, and the effect of Article 7: 407 paragraph 2 Civil Code, which imposes joint and several liability in the case where two or more persons have received an order, is hereby excluded.
3.2 Any agreement in the time limits within which DamageCare Europe, the Agreement.
3.3 Perform, are not mandatory. A term is exceeded by DamageCare Europe does not culpable failure of DamageCare Europe and therefore no grounds for termination of the agreement by the client, nor does it the client is entitled to compensation for any damage, except in cases of intent or gross negligence on the part Damage Care Europe.
3.4 If it is agreed that the agreement will be implemented in stages, DamageCare Europe, the implementation of the parts belonging to a following stage, suspend until the client has approved the work done in the previous phase.
3.5 If by DamageCare Europe or DamageCare Europe engaged third parties, in connection with the contract work is performed on the client’s site or at a location designated by the principal, 3.6 client shall ensure free of charge third parties hired by DamageCare Europe or DamageCare Europe facilities reasonably required.
3.7 DamageCare Europe has the right to suspend the execution of the contract, if the principal fails to fulfill any of its obligations towards DamageCare Europe.
Article 4: Fees, charges and expenses
4.1 The parties may agree a fixed fee. If no fixed fee is agreed, the fee will be determined on the basis of hours actually worked. The fee is then calculated according to the usual hourly rates DamageCare Europe, for the period in which the work is being done, unless a different hourly rate has been agreed.
4.2 The agreed fee, or the agreed (hourly) rates, as well as any cost estimates are in euros, excluding VAT and other government levies, as well as travel and accommodation expenses and other under the contract expenses, including shipping and administration costs.
4.3 If the wages and / or prices increase after conclusion of the agreement, but before the order has been completed, DamageCare Europe is entitled to the fixed fee, the (hourly) rates and / or to charge costs to adjust accordingly .
4.4 The fee, plus any (un) fees, disbursements and invoices from third parties involved, including any turnover tax charged monthly to contracts with a duration of more than one month, and in other cases after completion of the work .
4.5 DamageCare Europe may increase an agreed fixed fee during the execution of the work that the originally agreed or expected amount of work to such a degree was not sufficiently assessed at the conclusion of the agreement, and this is not attributable to DamageCare Europe, in not reasonably DamageCare Europe can be expected to do the work agreed for the originally agreed fixed fee. DamageCare Europe will the client in that case of the intention to propose an increase in the fixed fee accordingly.
Article 5: Payment
5.1 Payment must be made within 14 days after the invoice date by payment or transfer to the DamageCare by Europe indicated bank account.
5.2 The client is not entitled to the owed fees and / or costs, to deduct any amount deducted or offset the amount owed by him to any counterclaim that he may or believes to have on DamageCare Europe, or his payment suspend.
5.3 If the client any amount owed by him does not comply within the specified period, the client is legally in default without further notice and / or notice is required. DamageCare Europe is entitled in that case from the due date of the invoice statutory interest to be charged until the date of full payment, without prejudice to any other rights of DamageCare Europe.
5.4 Any costs, both judicial and extrajudicial, made by DamageCare Europe to enforce compliance with the (payment) obligations of the client, shall be borne by the client. The extrajudicial costs are hereby fixed at 15% of the invoice amount, with a minimum of EUR 250, -, without having any evidence