Terms and conditions
In these conditions is meant by:
General Terms and Conditions: these General Terms and Conditions on the execution of work by De Luthiers;
Client: the party with whom De Luthiers contracts to perform work;
Agreement or Quotation: the assignment agreement concluded between De Luthiers and the Client within the meaning of Article 7: 400 of the Dutch Civil Code or the quotation made by De Luthiers to the Client that is at all times deemed to be an assignment agreement within the meaning of of Article 7: 400 of the Dutch Civil Code;
De Luthiers: Mrs. L.M. Bosma-van der Lans and Mr. W. Bosma, trading under the name: De Luthiers, established in Dordrecht, registered with the trade register of the Chamber of Commerce under number 23057378;
Work: all work performed by De Luthiers in the context of the assignment to be performed by it.
2.1. These General Terms and Conditions apply to all offers from De Luthiers for the performance of Work by De Luthiers and to all Agreements with De Luthiers.
2.2. General and special terms and conditions of the Client do not apply to the agreement concluded with De Luthiers and are hereby expressly rejected by De Luthiers.
2.3. In the event of a conflict between the provisions of an Agreement and these General Terms and Conditions, the following ranking applies, whereby a previously mentioned document prevails over a later mentioned document:
a. the Agreement;
b. these Terms and Conditions.
2.4. Clauses that deviate from these General Terms and Conditions can only be invoked by the Client if and insofar as they have been accepted by De Luthiers in writing.
2.5. If the Client and De Luthiers have concluded an Agreement to which these General Terms and Conditions apply, the Client agrees with the applicability of these General Terms and Conditions to any subsequent Agreements between De Luthiers and the Client.
2.6. If any part of these General Terms and Conditions, for whatever reason, should be invalid, the General Terms and Conditions will remain in effect for the remainder and the parties will in mutual consultation provide for an arrangement to replace the invalid provision while retaining its purport as far as possible. thereof.
3. Offers, assignments and Agreements
3.1. All De Luthiers offers are without obligation, unless stated otherwise in De Luthiers’ offer.
3.2. If the Agreement is not concluded within the validity period of the offer, or if the Agreement or a written confirmation from the Client differs in content from the offer made by De Luthiers, the Agreement will not be concluded unless De Luthiers receives the Agreement received or has accepted the written confirmation from the Client in writing in the manner specified in paragraph 5 under a of this article.
3.3. Each offer from De Luthiers is based on the information that the Client has provided or has had provided and on the principles stated by De Luthiers in its offer. If special requirements are set by the Client, these requirements must be communicated in writing by the Client as soon as possible, but in any case before the conclusion of the Agreement. If information provided by or on behalf of the Client with regard to the Work to be performed by De Luthiers or other information provided proves to be incomplete or incorrect, then all resulting costs or damages, whatever their name, including consequential damage will be for the account and risk of the contractor.
3.4. The Offers of De Luthiers are based on the performance of work at the De Luthiers location. If De Luthiers has to carry out the work at a (different) location desired by the Client (for whatever reason), the costs that De Luthiers must make to reach that location are charged directly to the Client. If, in the opinion of De Luthiers, additional provisions are needed for that
location, the costs thereof are also for the account and risk of the Client.
3.5. The Agreement is deemed to have been concluded at the time that the Client has signed the Offer and has returned it to De Luthiers, or has signed the Agreement, and De Luthiers has sent the Agreement co-signed by De Luthiers to the Client.
3.6. Changes and additions to the Agreement by the Client are only binding if the changes are accepted in writing by De Luthiers.
3.7. Verbal commitments by and agreements with De Luthiers employees are not binding on De Luthiers until and to the extent that they are confirmed in writing by the owner of De Luthiers.
Unless explicitly stated or agreed otherwise by De Luthiers, the fees stated by De Luthiers or agreed with De Luthiers are net prices, therefore excluding VAT, expenses, travel costs, (other) taxes, surcharges and / or other costs.
5. Assignments based on hourly rate
5.1. If it has been agreed that Work to be performed by De Luthiers will be performed on the basis of an hourly rate, the Client must – without prejudice to the provisions of Article 4 and Article 7 – pay the following items to De Luthiers:
the number of hours worked as stated in the hours overviews drawn up by De Luthiers;
b. all travel costs in accordance with the agreements made between De Luthiers and the Client for this purpose;
c. allowances for Sundays and public holidays and for Work that takes place outside normal working hours. In this context, Sundays and public holidays are understood to mean Sundays and public holidays as are customary in the Netherlands.
6 Assignments based on a fixed fee
6.1. If a fixed fee has been agreed, all Work and all expenses explicitly mentioned in the Agreement are included in this fixed fee.
6.2. If the performance of Work is delayed by circumstances that in De Luthiers’ opinion are reasonably beyond the control of De Luthiers, the Client is obliged to pay all costs and damage resulting from that delay in addition to the agreed fixed fee.
7. Irregular services, waiting time, overtime and allowances
7.1. De Luthiers is obliged to perform Work during normal working hours, unless stated otherwise in the Agreement. The normal working hours are between 9 a.m. and 5.30 p.m. on business days. In principle, workdays are considered to be all days with the exception of the
Sundays and public holidays generally recognized in the Netherlands.
7.2. De Luthiers will organize Work in such a way that compensation for irregular services, waiting time and overtime is avoided as much as possible.
7.3. A fee for irregular services is payable for Work that takes place outside of normal working hours as referred to in the first paragraph of this article.
7.4. The amount of the fees referred to in this article will be included in the Agreement, failing which the Client owes a fee to be determined by De Luthiers.
8. Deadline for execution of Work
The time at which the Work commences will be recorded in the Offer.
The Client is not permitted to settle mutual claims.
10. Obligations of the Client
The Client must enable De Luthiers to commence its Work in a timely manner and without restrictions, as much as possible during normal working hours and, furthermore, if this is necessary and / or desirable in De Luthiers’ opinion, also outside normal
11. Conditions coming at the expense of the Client
All circumstances that completely or partially prevent De Luthiers from fulfilling its obligations properly and / or on time are entirely for the account and risk of the Client.
12. Liability De Luthiers. Repair deficiency
De Luthiers is obliged to perform the Work in accordance with the provisions of the Agreement.
13. Distribution of liability, insurance
13.1. Each party must decide for itself what type of insurance it needs, and up to what amount, and neither party is obliged to arrange insurance coverage, including insurance for business interruption, for the other party.
13.2. Each party bears its own costs and receives all payments relating to the insurance taken out by this party.
14. Payment and security
14.1. Unless explicitly agreed otherwise, payment must be made within fourteen (14) days after the invoice date. De Luthiers, however, has the right to demand full or partial payment in advance and / or to obtain security for payment.
14.2. The moment of payment is considered to be the moment at which the amount owed has been fully and irrevocably credited to De Luthiers’ bank account or the cash has been paid.
14.3. The Client waives any right to set off the amounts owed back and forth and the right to suspend its obligations.
14.4. If the Client does not pay any amount owed by him on the basis of the foregoing, he will be in default without notice of default. As soon as the Client is in default with any payment, all other claims of De Luthiers on the Client are immediately claimable and the default with regard to those claims also commences immediately without notice of default. From the day on which the Client is in default, he owes De Luthiers the interest pursuant to Article 6: 119 a of the Dutch Civil Code (“statutory interest”) + 2%.
14.5. If the Client is in default with any payment, the Client will owe De Luthiers 15% of the total outstanding amount as extrajudicial collection costs and any legal costs in addition to all outstanding amounts and the interest referred to above.
14.6. If the Client fails to pay or does not pay within the specified period, De Luthiers may suspend its obligations under the Agreement as well as any other obligations based on other agreements concluded between the parties, or terminate the Agreement and any other agreements without De Luthiers being liable for the adverse consequences thereof by the Client and / or third parties
can be stated.
15. Suspension, termination, dissolution
15.1. If the Client fails to meet one or more of its obligations, or fails to do so on time or properly, is declared bankrupt, applies for a (provisional) moratorium, proceeds to liquidate its business, and if its assets are wholly or partially seized De Luthiers has the right to suspend the execution of the Agreement or to cancel the Agreement in whole or in part without prior notice of default.
to dissolve a written statement, all this at its option and always with retention of any right to compensation for costs, damage and interest.
15.2. The Client is only entitled to the dissolution in the case referred to in Article 13 of these terms and conditions and not before payment to De Luthiers of all amounts due or not due at that time.
15.3. If the Agreement ends on the basis of paragraph 1 of this article before the agreed Work to be performed is completed, De Luthiers is entitled to payment of the fee agreed between the parties for the Work entrusted to De Luthiers, plus the costs that they as incurred as a result of the non-completion and reduced by the costs saved directly by
15.4. If the Agreement ends on the basis of paragraph 2 of this article, De Luthiers is entitled to payment for the Work performed by De Luthiers, plus any costs already incurred or investments made at the time of termination of the Agreement.
16. Ban on assignment and security
The Client is prohibited from assigning, pledging or transferring ownership of the claims arising from the Agreement to a third party without De Luthiers’ permission.
De Luthiers will at all times respect the privacy of the Client, with due observance of the General Data Protection Regulation (AVG) and in accordance with the privacy statement that will apply from time to time and that will be published as such via the website.
18. Disputes and applicable law
18.1. Dutch law is exclusively applicable to the Agreement, as well as all further agreements arising from it.
18.2. All disputes that may arise between De Luthiers and the Client – including those that are only considered as such by one of the parties – arising from the Agreement or from agreements arising from it, will be settled by the civil court. Rotterdam.
Version October 8, 2019