General terms and conditions of Contract Experts BV

Article 1

The user of these general terms and conditions is Contract Experts BV, hereinafter to be called Contract Experts. User is also understood to mean the board members, employees and possible assistants of Contract Experts.

Article 2

All assignments are deemed to have been given exclusively to and will only be accepted by or on behalf of Contract Experts, even if it is the explicit or tacit intention of the client that an assignment is carried out by one or more specific persons. The applicability of the provisions of Sections 7:404 and 7:407(2) of the Dutch Civil Code is expressly excluded. Without prejudice to the other provisions of the law, both the client and Contract Experts can terminate the assignment at any time by written notice (email is sufficient) with due observance of a reasonable period of time.

Article 3

The liability of Contract Experts is, in any case, explicitly limited to the value of the services or goods delivered by Contract Experts in the twelve months prior to the cause of action giving rise to the claim. Contract Experts is under no circumstance liable for indirect damage, including consequential damage, loss of profit, mutilated or lost data or materials, missed savings, damage due to business interruption and claims by third parties.
Contract Experts is, however, not liable to compensate any damage if the client is in default of any obligation towards Contract Experts at the time the aforementioned event occurs.

Article 4

Any claim for compensation expires one year after the start of the day following the day on which the client became aware of the damage and that Contract Experts is the party responsible for such damage and in any case 5 years after the occurrence of the event that may give rise to the claim.

Article 5

Contract Experts carries out assignments exclusively on behalf of the client. Third parties cannot derive any rights from an assignment, from the content of the work carried out and from the way in which the assignment has or has not been carried out. A client is not allowed to transfer the rights from an assignment to third parties under any title whatsoever, other than with the explicit prior written permission of Contract Experts.

Article 6

Each assignment given to Contract Experts includes the right to engage auxiliary persons and to accept any limitations of liability of auxiliary persons also on behalf of the client. Contract Experts is not liable for the choice and possible shortcomings of these auxiliary persons, except for intent or gross negligence of Contract Experts.

Article 7

Unless the invoice states a different term of payment, the client must make payment no later than fourteen days after the invoice date, without any right to discount, set-off or suspension. In the absence of timely payment, the client shall be obliged to reimburse the costs of collection, including a fixed sum of 15% of the principal sum in respect of internal administration and collection costs.

Article 8

Unless the parties have agreed otherwise in writing, prices and rates shall apply for the duration of the calendar year in which they have been agreed and may be adjusted annually.

Article 9

In case of any dispute between Contract Experts and client, excluding any other court of first instance, that dispute will be submitted to the competent court in the district of Arnhem, unless another court is competent. Contract Experts reserves the right to submit the dispute to the court of the client’s place of residence, or at least to the competent court according to the law. Every agreement between Contract Experts and client is subject to Dutch law.