Terms and Conditions

These conditions apply to every offer, quotation and agreement between Ton Liontarion, hereinafter referred to as: “User”, and an Other Party to which the User has declared these conditions applicable, insofar as these conditions have not been expressly agreed upon by the parties in writing. has been deviated from.
These terms and conditions also apply to agreements with the User, for the implementation of which the User must involve third parties.
These general terms and conditions have also been written for the User's employees and its management.
/>The applicability of any purchasing or other terms and conditions of the Other Party is expressly rejected.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions will remain valid. provisions of these general terms and conditions fully apply. The User and the Other Party will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and scope of the original provisions are taken into account as much as possible. If there is uncertainty about the explanation of one or more provisions of these general terms and conditions, the interpretation must take place "in the spirit" of these provisions. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be are assessed in accordance with the spirit of these general terms and conditions. If the User does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the User would lose the right to strict compliance in other cases. of the provisions of these terms and conditions.

All quotations and offers from the User are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer will lapse if the product to which the quotation or offer relates is no longer available in the meantime. The User cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, then does contain an obvious mistake or typo. The prices stated in a quotation or offer include VAT and other government levies as well as 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 offer, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the User indicates otherwise. A composite quotation does not oblige the User to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

The agreement between User and the Other Party is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.
Is for the completion of certain work or for the delivery of certain goods a term has been agreed or specified, then this is never a strict term. If a term is exceeded, the Other Party must therefore give User notice of default in writing. The user must be offered a reasonable period to still implement the agreement.
User has the right to have certain work carried out by third parties.
User is entitled to execute the agreement in various phases and to invoice the part thus executed separately.
If the agreement is executed in phases, the user can suspend the execution of those parts that belong to a subsequent phase until the other party has approved the results of the preceding phase in writing.
If the User requires information from the Other Party for the execution of the agreement, the execution period will not commence until the Other Party has made it correctly and completely available to the User.
If it becomes apparent during the execution of the agreement that it is necessary for proper implementation to change or supplement these, then the parties will adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement is changed, whether or not at the request or instruction of the Other Party, the competent authorities, etc. for what was originally agreed. This allows the originally agreed amount to be increased or decreased. The user will provide a quote in advance as much as possible. The originally specified execution period may be changed by an amendment to the agreement. The Other Party accepts the possibility of changing the agreement, including the change in price and term of execution. If the agreement is changed, including a supplement, the User is entitled to implement it only after approval by the internal The User authorized person and the Other Party have agreed to the price and other conditions stated for the execution, including the time to be subsequently determined at which it will be carried out. Failure to execute the amended agreement or to do so immediately does not constitute a breach of contract on the part of the User and is no reason for the Other Party to terminate the agreement. Without being in default, the User can request a change to the agreement. refuse the agreement if this could have consequences for the quality and/or quantity, for example for the work to be carried out or goods to be delivered in that context. If the Other Party should fail to properly comply with what it has agreed to do, owed to the User, the Other Party is liable for all damage (including costs) suffered by the User as a result, directly or indirectly. If the User agrees on a certain price when concluding the agreement, the User is nevertheless entitled to increase in the price under the following circumstances, even if the price was not originally stated subject to reservation.
If the price increase is the result of a change to the agreement;
If the price increase results from a authority or an obligation resting on the User under the law; price increase is more than 10% and this takes place within three months after the conclusion of the agreement, unless the User is then still prepared to execute the agreement on the basis of what was originally agreed, or if it has been stipulated that delivery will take longer than three months after the purchase will take place.

User is entitled to suspend the fulfillment of the obligations or to terminate the agreement immediately and with immediate effect if: the Other Party does not fulfill the obligations under the agreement, does not fully or does not fulfill them on time; Circumstances that have come to the user's attention after concluding the agreement give good reason to fear that the other party will not fulfill its obligations; the Other Party was requested to provide security for the fulfillment of its obligations under the agreement when concluding the agreement and this security is not provided or is insufficient; If, due to the delay on the part of the Other Party, the User can no longer be expected to fulfill the agreement under the originally agreed conditions, the User is entitled to terminate the agreement. if circumstances arise that are of such a nature that compliance with the agreement is impossible or unchanged maintenance of the agreement cannot reasonably be expected of the user. If the termination is attributable to the Other Party, the User is entitled to compensation for the damage, including costs, arises directly and indirectly. If the agreement is dissolved, the User's claims against the Other Party are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his claims under the law and the agreement. If the User decides to suspend or dissolve on the grounds mentioned in this article, he is in no way obliged to compensate damages and costs. as a result or compensation in any way, while the Other Party is obliged to pay compensation or compensation due to violation of the agreement. If the agreement is terminated prematurely by the User, the User will, in consultation with the Other Party, ensure the transfer of work still to be carried out to third parties. This unless the termination is attributable to the Other Party. Unless the interim termination is attributable to the User, the costs for transfer will be borne by the Other Party. The user will inform the other party as much in advance as possible about the amount of these costs. The Other Party is obliged to pay these costs within the period specified by the User, unless the User indicates otherwise. In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure - if and insofar as the seizure is not has been canceled within three months - at the expense of the Other Party, due to debt restructuring or another circumstance as a result of which the Other Party no longer has free access to its assets, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement to cancel, without any obligation on its part to pay any compensation or damages. In that case, the User's claims against the Other Party are immediately due and payable. If the Other Party cancels a placed order in whole or in part, the items ordered or prepared for this purpose, plus any delivery, removal and delivery costs, will be charged. and the working time reserved for the execution of the agreement, in full to the other party.

User is not obliged to fulfill any obligation towards the other party if he is prevented from doing so as a result of a circumstance not attributable to his fault and not on the basis of the law, a legal act or generally accepted views for in these general terms and conditions, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the User has no influence, but as a result of which the User is unable to meet its obligations. . The User also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the User should have fulfilled his obligation. During the period that the force majeure continues, the User can fulfill its obligations suspend the agreement. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages. If the user has already fulfilled his obligations under the agreement at the time of force majeure, has been partially fulfilled or will be able to fulfill it and the part already fulfilled or to be fulfilled has independent value, is entitled to separate the part already fulfilled or to be fulfilled respectively. invoice. The Other Party is obliged to pay this invoice as if it were a separate agreement.

Payment must always be made within 14 days after the invoice date, in a manner to be specified by the User in the currency in which the invoice was issued, unless the User indicates otherwise in writing. The User is entitled to invoice periodically. If the Other Party does not pay an invoice on time, the Other Party is legally in default. The Other Party will then owe interest. For a consumer purchase, the interest is equal to the statutory interest. In other cases, the Other Party owes interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due. The User has the right to have the payments made by the Other Party serve primarily deducting the costs, then deducting the due interest and finally deducting the principal sum and the current interest. The User can, without being in default, refuse an offer of payment if the Other Party has another designates the order for the payment to be allocated. The User may refuse full repayment of the principal amount if the outstanding and current interest and collection costs are not also paid. Objections to the amount of an invoice do not suspend the payment obligation. If the Other Party is in default or is in default in the (timely) fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice at that time, currently the calculation method according to Rapport Voorwerk II. However, if the User has incurred higher collection costs that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs owed.

All goods delivered by the User in the context of the agreement remain the property of the User until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with the User.
Goods delivered by the User that are purchased on the basis of paragraph 1 are subject to retention of title, may not be resold and may never be used as a means of payment. The Other Party is not entitled to pledge or otherwise encumber the goods subject to retention of title.
The Other Party must always do everything that can reasonably be expected of it to safeguard the User's ownership rights.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Other Party is obliged to inform the User of this immediately. The other party undertakes to insure and insure the goods delivered under retention of title. against fire, explosion and water damage as well as against theft and to make this insurance policy available to the User for inspection upon first request. In the event of any insurance payment, the User is entitled to these payments. To the extent necessary, the Other Party undertakes in advance to the User to cooperate in everything that is or appears to be necessary or desirable in that context. In the event that the User wishes to exercise his ownership rights referred to in this article, the Other Party gives unconditional and irrevocable permission in advance to the User and third parties to be designated by the User to enter all those places where the User's property is located. and to take those items back.

The goods to be delivered by the User meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Other Party must verify whether its use is suitable for use there and whether it meets the conditions set. In that case, the user may impose other (warranty) conditions with regard to the goods to be delivered or work to be carried out. The warranty referred to in paragraph 1 of this article applies for a period of 1 week after delivery, unless stated otherwise. nature of the delivery results differently or the parties have agreed otherwise. If the warranty provided by the User concerns an item produced by a third party, the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Other Party. Any form of warranty lapses if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance by the Other Party and/or by third parties if changes have been made or attempted to be made to the item without written permission from the user, the other party or third parties, other items have been attached to it that do not need to be attached to it or if they have been edited or processed in a manner other than the prescribed manner. The Other Party is also not entitled to a warranty if the defect is caused by or is the result of circumstances beyond the control of the User, including weather conditions (such as but not limited to extreme rainfall or temperatures) etc. The Other Party is obliged to inspect the delivered goods immediately when the goods are made available to him or the relevant work has been carried out. The Other Party must investigate whether the quality and/or quantity of the delivered goods corresponds to what was agreed and meets the requirements that the parties have agreed in this regard. Any defects must be reported to the User in writing within two months of discovery. The notification must contain as detailed a description as possible of the defect, so that the User is able to respond adequately. The Other Party must give the User the opportunity to investigate a complaint. If the Other Party complains in a timely manner, this will not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the other ordered items, unless they have no independent value. The buyer must check the item the same day after receipt of the item. If this is incorrect, a complaint must be submitted to Ton Liontarion on the same day of receipt. If a defect is reported later, the Other Party is no longer entitled to repair, replacement or compensation, unless this is due to the nature of the case. or the other circumstances of the case, a longer period ensues. If it is established that an item is defective and a complaint has been made in this regard in a timely manner, the user will return the defective item within a reasonable time after receipt thereof or, if return is not reasonably possible, notify the defect in writing. replaced or repaired by the Other Party, at the User's option, or paying a replacement fee to the Other Party. In the event of replacement, the Other Party is obliged to return the replaced item to the User and transfer ownership thereof to the User, unless the User indicates otherwise. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs, incurred by the User, will be fully borne by the Other Party.

If the User is liable, this liability is limited to what is regulated in this provision.
User is not liable for damage, of any nature whatsoever, caused by the fact that the User has assumed by or on behalf of the The other party provided incorrect and/or incomplete information.
User is only liable for direct damage.
Direct damage is exclusively understood to mean: the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions; any reasonable costs incurred to ensure that the User's defective performance complies with the agreement, insofar as these can be attributed to the User; reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. The User is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to (business) stagnation. In the case of a consumer purchase, this limitation does not go further than is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code. If the User is liable for any damage, the User's liability is limited to a maximum of three times the invoice value of the order, at least to that part of the order to which the liability relates.
The liability of the User is in any case always limited to the amount paid out by his insurer as the case may be.
The amounts stated in this The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the User or his managerial subordinates.

Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the User and third parties involved by the User in the execution of an agreement is one year.
The provisions of paragraph 1 do not apply to legal claims and defenses that are based on facts that would justify the statement that the delivered item does not comply with the agreement. Such claims and defenses expire two years after the Other Party has informed the User of such non-conformity.

The risk of loss, damage or depreciation passes to the Other Party at the time when items are brought under the control of the Other Party.

The Other Party indemnifies the User against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to someone other than the User.
If the User is sued by third parties on this basis , the Other Party is obliged to assist the User both in and out of court and to do everything that may be expected of him in that case. If the other party fails to take adequate measures, the user is entitled to do so without notice of default. All costs and damage incurred by the User and third parties as a result are entirely at the expense and risk of the Other Party.

User reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. The User has the right to use the knowledge gained through the execution of an agreement for other purposes, as long as no strictly confidential information of the Other Party is made known to third parties.

All legal relationships to which the User is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

These terms and conditions have been filed with the Chamber of Commerce in Amsterdam.
The most recently filed version or the version that applied at the time the legal relationship with the User was entered into applies.
The Dutch text of the general terms and conditions always determines their interpretation.

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