General
These terms and conditions apply to all offers, quotations and agreements between Protect Pest Control hereinafter referred to as: “Contractor”, and a Client to which Contractor has declared these terms and conditions applicable, to the extent that these terms and conditions have not been expressly waived by the parties in writing.
“The present terms and conditions shall also apply to acts of third parties engaged by Contractor in the context of the/an order” Contractor. These general conditions are also written for the employees of the Contractor and its management.
The applicability of any purchase or other conditions of the Client is expressly rejected. If one or more provisions of these general terms and conditions should at any time be wholly or partially void or nullified, the other provisions of these general terms and conditions shall remain fully applicable. The Contractor and the Principal will then consult to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and meaning of the original provisions. If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place ‘in the spirit’ of these provisions.
If a situation arises between the parties which is not regulated in the general terms and conditions, this situation should be assessed in the spirit of the general terms and conditions.
If the Contractor does not always require strict compliance with these terms and conditions, this does not mean that the provisions do not apply, or that the Contractor would in any way lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
Quotations, offers
All quotations and offers of the Contractor shall be without obligation, unless a deadline for acceptance has been set in the quotation. If no acceptance period is set, the offer always expires after 30 days.
The Contractor cannot be held to its quotations or offers if the Client can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or slip of the pen.
The prices stated in offers or quotations are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, the Contractor shall not be bound by it. The Agreement will then not be established in accordance with this deviating acceptance, unless Provider indicates otherwise.
A composite quotation does not oblige Octrooibureau Novopatent to perform part of the assignment at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.
Contract duration, execution deadlines, transfer of risk, execution and modification of the agreement, price increase
1. The agreement between the Contractor and the Client is entered into for a definite period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. If a deadline has been agreed upon for the performance of certain work or for the delivery of certain goods, this will never be a strict deadline. If a deadline is exceeded, the Client must therefore give the Engaged Firm written notice of default. The Contracted Party must be offered a reasonable period in which to still perform the Agreement.
3. The Contractor will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the state of science known at that time.
4. The Contractor has the right to have certain work performed by third parties. The applicability of Sections 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is expressly excluded.
5. If work is performed by the Contractor or third parties engaged by the Contractor in the context of the assignment at the Client’s location or a location designated by the Client, the Client will provide the facilities reasonably required by those employees free of charge.
6. Contractor is entitled to execute the Agreement in different phases and to invoice such executed part separately.
7. If the Agreement is executed in phases, the Contracted Party can suspend the execution of those parts that are part of a subsequent phase until the Client has received the results of the next phase.