General Terms and Conditions
Version 1.1 dated 12th december 2016
Article 1. Applicability
The conditions apply to every quotation, contract and assignment to which Dunkirk Consultancy is a party, to the extent these conditions are not expressly deviated from in writing. Departure from any provision of these terms and conditions shall not affect the validity of the remaining provisions.
By placing an order, the client accepts these terms and conditions. The applicability of any terms and conditions of the client is expressly rejected.
If a situation arises between the parties that is not regulated in the quotation or these general terms and conditions, this situation should be judged in the spirit of the general terms and conditions and the concluded quotation.
Article 2. Quote
Quotes released by Duinkerken Consultancy are without obligations and any mentioned prizes exclude VAT unless otherwise stated.
Duinkerken Consultancy cannot be held to its bids or offers if the client can reasonably understand that the bids or offers, or any part thereof, contain an obvious mistake or slip of the pen.
Article 3. Agreement
An agreement is established upon receipt of a signed quotation. Contracts reflect the contents of the agreements made between Duinkerken Consultancy and the client regarding the assignment.
User is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if the client does not fulfill the obligations of the agreement, in full or in a timely manner, after the conclusion of the agreement or if there is good reason to fear that the client will not fulfill the obligations.
Article 4. Assignment
Duinkerken Consultancy will perform the assignment to the best of its knowledge and ability. If the proper execution of the assignment so requires, Duinkerken Consultancy is entitled to have certain work performed by third parties.
Article 5. Information
The client will ensure a complete and timely transfer of information necessary for the assignment to Duinkerken Consultancy
To the extent permitted by the performance of the assignment, the parties will treat information made available by the parties in the strictest confidence. Duinkerken Consultancy will provide a confidentiality agreement in the event third parties are used.
Article 6. Payment
Payments are expected within 30 dagen after invoicing. A realised payment is obliged by paying the amount due to account no. NL82RABO 0308 3909 70. Name of the account holder being Duinkerken Consultancy.
After the expiration of 30 days from the invoice date, the client is in default. Duinkerken Consultancy reserves the right to pass on interest and all reasonable costs incurred in obtaining satisfaction to the client. Objections to invoices suspend the payment obligation for a maximum of 30 days from the original invoice date. Complaints must be submitted within 8 days of the invoice date.
In the event of liquidation, bankruptcy or suspension of payments of the client, the client’s obligations are immediately due and payable. Payment shall be made without discount or offset.
Article 7. Liability
Liability claims are limited by the annual sum of invoiced labour, with a maximum of 1 annual sum of labour which has been invoiced for the service in question. . The client will also indemnify Duinkerken Consultancy or the intermediary agency, respectively, for claims by third parties.
Duinkerken Consultancy excludes any liability for direct and indirect damages to the client or third parties caused by third parties to be deployed by Duinkerken Consultancy for the purpose of the assignment or by Duinkerken Consultancy itself.
Article 8. Force majeure
In case of force majeure, Duinkerken Consultancy can suspend the obligations or dissolve the contract without being obliged to pay damages. Force majeure means circumstances that temporarily or permanently prevent the fulfillment of obligations and are not attributable to Duinkerken Consultancy.
Article 9. Applicable law
These terms and conditions are governed by Dutch law.