1.1 The following terms and conditions are made applicable to all offers and agreements of Dutch Event Carpets, hereinafter referred to as DEC, with a contracting party, insofar as these terms and conditions have not been expressly deviated from by DEC in writing.
1.2 If the applicability of the present conditions agrees, the conditions will thereby also apply in the future legal relations between DEC and the other party.
1.3 These conditions also apply to agreements between DEC and the other party, for the enforcement of which third parties will be engaged.
2.1 No rights are derived from the quotations issued by DEC. Quotations are without obligation unless explicitly stated otherwise.
2.2 The other party is bound by the contract only if and insofar as a written confirmation has been sent by it, or when DEC has begun to complete the contract.
3.1 The delivery time given by DEC starts from the latest of the following times:
3.2 Delivery times are indicative only and not to be taken as a deadline, unless otherwise agreed.
3.3 In the event of force majeure and such factors of corresponding cause that performance cannot reasonably be required of DEC, the delivery period will be extended by a period of time proportional to the continuation of these circumstances.
3.4 Force majeure in this general condition also includes; strikes, sick personnel, government measures, civil wars, attacks, natural disasters, unexpected traffic situations and delays in deliveries by suppliers.
3.5 DEC is permitted to have delivery occur in parts.
3.6 The other party is obliged to take delivery of the rented, or purchased, items at the time they are delivered to them, or at the time they are made available to them according to the agreement.
3.7 If the items delivered deviate from the models shown in the documentation on minor points, this does not relieve the other party from the obligation to take delivery.
3.8 The leased, or purchased, goods are deemed to have been delivered in excellent condition for the other party, if at the time of delivery it is stated otherwise in writing under description of defects.
3.9 The other party shall ensure that the agreed place of delivery return is easily accessible, free of obstacles, dry and clean. If the delivery or the return is delayed or made impossible because the other party is in default in this respect, the extra costs caused by this shall have to be compensated by it.
4.1 Provided otherwise stated, all prices are in Euros and exclusive of sales tax and any other levies imposed by the government.
4.2 In the event of changes to the contract or additional work under the contract, DEC is entitled to charge the other party for all resulting costs. The other party shall pay these costs, if reasonably drafted.
4.3 If the exhibition or event is performed by DEC, the transport and delivery of the items to the agreed place within the Netherlands, will be for DEC's account. All deliveries and transportation outside the Netherlands are for DEC's account, unless otherwise agreed in writing place within the Netherlands, for DEC's account.
4.4 DEC is entitled to engage third parties in the execution of the order, the costs of which will be charged to the other party in accordance with the quotation provided.
4.5 Costs incurred by exhibition halls etc. for transportation and other services on its own premises are for the account of the other party and will be settled by DEC without consultation.
5.1 All invoices shall be paid by the other party corresponding to the payment conditions stated within the invoice. If this condition is not met, payment must be made within 30 days of the invoice date, without any discount or compensation.
5.2 If payment is not made within the stipulated period, the other party will be in s and - without any notice of default being required - will owe interest of 1% per month from the date of default, whereby part of a month will be counted as a full month. However, if the statutory interest rate is higher than 1% per month then the other party shall owe this higher interest rate.
5.3 DEC is always entitled to demand security from the other party for the fulfillment of its payment obligations, or to demand advance payment of the lease price for the fulfillment of h
5.4 If the other party exceeds the term of payment then the other party will owe 15% extrajudicial collection costs, without notice of default.
6.1 Items leased by DEC remain their property. In addition, the items transferred by DEC by means of a purchase agreement remain its property as long as the other party has not paid the amounts due by the other party in connection with the underlying agreements and, to the extent permitted by law, in connection with other agreements, including interest and costs.
6.2 DEC is authorized at all times to invoke its retention of title and take possession of its property if the other party fails to pay on time or otherwise defaults on its obligations.
6.3 As long as the retention of title applies to the goods, the other party shall not be entitled to alienate, pawn, rent or create a pledge on the goods. The other party shall therefore not be entitled to grant any security right to third parties in respect of leased items, or purchased items of which the entire purchase price, and any interest and extrajudicial costs, have not yet been paid.
7.1 The rented items are for the account and risk of the other party after delivery until they are actually in DEC's possession again.
7.2 During this period, the other party shall be liable for theft, loss or damage to the rented items.
7.3 Any damage to the rented items due to loss, theft or damage shall be compensated by the other party at the replacement value. The opposite party shall adequately insure its risk for this purpose at its own expense.
7.4 The other party indemnifies DEC against all liability for damages caused by the use of the rented items during the rental period.
7.5 The leased items may only and exclusively be used for the purpose for which they were intended at the conclusion of the lease. For any other use, DEC has the right to terminate the contract with the other party immediately, without prior notice of default, and to take the items back.
7.6 Liability in the sense of this article does not release the other party from its obligation to pay the agreed rent.
8.1 DEC delivers good trade quality. Without prejudice to the limitations mentioned in these terms and conditions, DEC guarantees the quality of the goods delivered by DEC if all instructions regarding the use of the goods have been strictly observed and followed.
8.2 The other party cannot invoke a shortcoming in the performance, provided he has not protested to DEC in writing about it within 8 days after he notices or should reasonably have noticed the shortcoming.
8.3 If the delivered item does not comply with the contract, DEC provides warranty in the sense that DEC is only obligated to repair or replace the delivered item or to deliver the missing items.
8.4 If a defect in the delivered item occurs during the rental period, DEC will make every effort to repair this defect, but only to the extent that it can reasonably be required to do so and the defect was caused through no fault of the other party.
8.5 Return for replacement or repair of the rented goods will take place at DEC's expense and risk and always only after DEC's consent.
8.6 Complaints about invoices must be made in writing within 8 days of receipt of the invoice.
8.7 If the other party has not complained within the aforementioned period and/or he has not given DEC the opportunity to remedy the defects, the right of complaint lapses.
9.1 DEC's liability is expressly limited to compliance with the obligations described in clause 8; it is only liable for damages if the damages were caused by intent or equivalent gross negligence on the part of DEC or its subordinates.
9.2 DEC is not liable for damage caused to objects left by the other party in cabinets, display cases, desks and in other rented items.
9.3 If any legal provision would place DEC as the sole liable party for damages, this liability is limited, to the extent covered by its liability insurance, to the amount of the payment made by the insurer.
9.4 If it is determined that DEC is liable for damages that are not covered by insurance, the damages shall be limited to a maximum of twice the amount the other party owed DEC under the contract.
9.5 DEC is never liable for consequential damages of the other party or third parties.
9.6 The exclusion of liability referred to in this clause also extends to third parties engaged by DEC for the execution of the agreement.
9.7 DEC is never liable if the failure is due to force majeure.
10.1 The other party is entitled to cancel an order to rent and let, if this is notified in writing at least 14 working days before the start of the rental period and provided that the rented items have not already been delivered to the agreed location. In the event of such cancellation, DEC is entitled to charge a fee. When the order/offer is cancelled within 14 days, Dutch Event Carpets charges 10% of the costs. From 7 to 2 days 40% and at 1 day in advance 60%.
10.2 If the other party has cancelled the rental and hire order at least three working days before the start of the rental period, but the rented items have already been delivered, the other party owes 50% of the total rental price to DEC, without prejudice to DEC's right to claim compensation for actual damages and further costs.
10.3 Without prejudice to the foregoing provisions of these terms and conditions, the agreement shall be dissolved without judicial intervention by means of a written statement at the time when the other party is declared bankrupt, applies for a provisional explanation of payment or loses the power of disposition of its assets or parts thereof as a result of attachment, placement under guardianship or application of the Natural Persons Debt Rescheduling Act or otherwise, unless the guardian or administrator recognizes the obligations arising from this agreement as a debt of the estate.
10.4 Dissolution renders existing mutual claims immediately due and payable. The other party is liable for the losses incurred by DEC as a result, including loss of profit and transportation costs.
11.1 The lease and rental agreement shall end when the lease term has expired. The other party is obliged to return the goods in an adequate manner at the place of delivery, after notification regarding the time of return.
11.2 Rented items must be returned to DEC's possession within 24 hours of the expiration of the rental period.
11.3 If after termination of the rental period, the items cannot be received by DEC, the other party is obliged to return the items by goods free of charge.
12.1 All agreements to which these conditions are declared applicable are subject to Dutch law. The provision of the Vienna Convention of 11 April 1980.tractsheet 1981, 84, 1986,61 are excluded. With regard to agreements as referred to in article 6;247 paragraph shall not apply.
12.2 The annulment of any or part of these general terms and conditions shall not affect the applicability and content of the remaining terms and conditions.
12.3 Any dispute between DEC and the other party, arising from a contract, to which these terms are applicable, shall be brought before the competent court of DEC's place of business, regardless of its authority to choose the court competent under the law.