TERMS AND CONDITIONS
TERMS AND CONDITIONS
We use the terms and conditions set by Restauratoren Nederland in 2006.
Terms and Conditions-RN-2006.pdf (365 downloads)
1.1 These terms and conditions apply to agreements between clients and contractors, member of Restauratoren Nederland, as well as all offers made by a member of Restaurators Nederland, regarding the activities described in section 1.4.
1.2 A derogation from these terms and conditions is valid only if that contract has been accepted by the contractor in writing.
1.3 Contractor will act as a good family for the property of
1.4 ‘Work’ means the preservation, restoration and repair of objects of art and cultural heritage, as well as giving advice, providing goods and providing services.
1.5 The Contractor will know and perform the work to the best of its knowledge, using the state of the art as it is known at any time for a carefully functioning restaurator and in compliance with the Ethical Code such as at the time of the submission of the offer or, If an agreement is concluded without a prior tender being issued, upon the conclusion of the agreement, the General Meeting of Restaurators Netherlands has determined the meeting.
2.2 All quotations are free of charge, unless expressly stated otherwise.
2.2 The contractor is entitled to charge a fee for the submission of a tender, if this has been communicated to the client in advance. To the extent that the contractor has incurred costs for the offer, these costs are borne by the client.
3.1 Each agreement is made by written assignment by the client and acceptance by the contractor. In the absence of written acceptance by the Contractor, the agreement is deemed to have come about at the time when the Contractor commences his work.
3.2 The Contractor is entitled at all times, in the performance of the agreement, to claim full or partial advance payment of the agreed compensation and / or the costs to be incurred and is entitled to suspend the execution of the agreement until the date of advance payment .
3.3 The Client agrees with the accuracy and completeness of the information provided by the Contractor on the subject and storage conditions to be treated. In particular, he will inform his contractor so soon that his knowledge of defects in that object can be taken into account when making a quote or when executing the agreement.
3.4 Changes, not limited to deterioration, in the condition of the subject subject to a tender arise between the submission of the tender and the acceptance of the contract gives the contractor the right not to accept or terminate the agreement or change it on modified to accept and execute conditions provided that he has disclosed those changed conditions to the client and did not immediately notify them in writing of the continuation of the agreement. In case of termination, the client is obliged to pay the costs incurred until then by the contractor and to pay up to the fees accrued until then.
3.5 If the agreed work can not be executed during the performance of the agreement by contractual circumstances related to the object of the agreement, the Contractor will notify the Client. In the absence of agreement on the continuation of the agreement, whether or not under changed conditions, the agreement will be terminated, in which case the client is held to pay the costs incurred until then by the contractor and payment of the fees accrued until then.
IV INTELLECTUAL PROPERTY RIGHTS AND DEFINITIONS
4.1 All intellectual property rights with respect to designs, drawings, samples, documentation and photographs made by the contractor or by contractor, remain with the contractor. The client is not allowed to reproduce and publish it beyond the written consent of the contractor. For any disclosure or reproduction in violation of this, the principal shall be liable to the contractor for an immediate due amount of € 5,000, – without prejudice to the claimant’s claim for damages.
4.2 The Contractor is authorized to disclose and reproduce designs, drawings, samples, documentation and photographs made by him or in his assignment for the purpose of promoting his business activities and needs.
4.3 Any mention or publication by the contractor, whether supported by documentation and / or certificates, shall be done to the best of knowledge and may and in accordance with the state of knowledge known to him at the time.
4.4 Entries made by the contractor, whether or not supported by documentation and / or certificates, can not be derived.
V CHANGES IN THE CONTRACT
5.1 Higher costs, including costs resulting from an additional time spent by the Contractor, as a result of changes made to the original assignment by the Client, are at the expense of the Client. Changes that result in a reduction in costs are equally deducted; A change that leads to a reduced time spent by the contractor leads to a reduction of the agreed fee fee only if the contractor has agreed in writing.
5.2 In the event that a delivery period has been agreed upon, it shall be deemed to have been tacitly adapted to the contractor’s accepted and agreed upon by the contractor.
5.3 The Contractor is authorized to change specifications of products to be used or to be delivered to products that differ slightly from the originally agreed.
5.4 The Contractor is authorized to use or supply other products than those to which the agreement or the offer relates and to deviate therefrom to a lesser extent, after having notified the Client.
6.1 The prices stated by the contractor are, unless otherwise specified, excluding VAT and excluding any costs of insurance, transportation, installation and packaging.
6.2 The contractor is entitled to calculate subsequent price increases arising from the offer or after entering into the agreement, which result from postpone or increased taxes, import duties or other charges charged by the government, as well as exchange rate changes or changes in commodity prices .
VII DELIVERY TIMES
7.1 Specified delivery times are always approximate and will never be a delivery time as a fatal term.
7.2 The contractor’s work shall be completed at the time when the contractor informs the client. From that point on, the items subject to the agreement will remain at the expense and risk of the client at the contractor.
7.3 If the client has not taken such items within 10 working days of the completion of the assignment, the contractor is entitled to charge a remuneration in accordance with the applicable rate.
VIII ARRANGEMENTS IN STUDIO, TRANSPORT AND PACKAGING
8.1 Items covered by the agreement will be unpacked jointly by the client and the contractor after arrival at the contractor’s workshop. If, after being invited to do so, the client is not present at the time of unpacking, the Contractor will not be liable for any damage occurring in or through that unpacking and the state of that object or objects is suspected in accordance with the Contractor’s findings.
8.2 Objects to which the agreement or the offer relates relate at all times to the account and risk of the client, irrespective of the matter mentioned on the transport documents.
8.3 If, in the opinion of the Contractor, special packaging is necessary for the protection of the items, this packaging will be charged at cost to the Client and not taken back.
IX EMPLOYMENT WORKS TO THIRD PARTIES
9.1 The Contractor is entitled to have the contract or part thereof by a third party also subject to the terms of the General Terms and Conditions, provided that he has notified the Client in advance and does not object to it within a reasonable period of time.
10.1 The Contractor shall not be liable for damage to the objects entrusted to him to which the agreement or the offer relates, neither during the transport thereof nor during the execution or storage of those objects, and the client may, if desired, provide appropriate insurance himself, all but insofar as the client and the contractor have agreed otherwise in writing.
10.2 Contractor liability, in the event that he is attributed to the performance of the assignment, is limited to the amount not exceeding three times the amount of the fee attached to the execution of the contract, excluding costs.
10.3 The Contractor is not liable for damages resulting from force majeure or acts or omissions of third parties engaged by Contractor. Contractor is obliged to, in the case of a claim against a third party.
10.4 Any liability is excluded for advice given in the performance of the agreement or as a consequence thereof.
11.1 The client is obliged to inspect the object or objects subject to the agreement during the execution of the agreement when the Contractor so requests and further immediately after completion of the work.
in case of defects and in the presence of the contractor immediately in writing.
11.2 Client shall be deemed to have accepted the state of the item or objects and waives all claims in this regard if he has not been able to inspect the object or objects within a month after having inspected or been able to inspect the item or objects, made.
11.3 The contractor must at all times be able to inspect the object in response to objections.
11.4 The Client must, in the event of alleged objections, enable the Contractor to carry out any work necessary for recovery or completion at all times, in the absence of which the Client can not claim recovery, completion or damages.
11.5 The contractor’s duties are aimed at performing a commitment obligation, which means that the client can not claim claims if the item or objects after completion of the work do not meet or meet the reasonable expectations that the parties or one of them upon entering into or in the execution of the agreement. Any contractor’s notice of the outcome or the sustainability thereof shall not be construed as a guarantee unless the Contractor has notified it in writing and in writing.
XII FORCE MAJEURE
12.1 Force majeure gives the contractor the option to terminate the agreement or to suspend its execution until the overpower situation has ceased to exist.
12.2 Force majeure includes in particular partial or partial incapacity of the contractor, natural disasters, barriers to transportation, full or partial workings, riots, war and similar circumstances, and more general circumstances beyond the sphere of influence of the party calling for force majeure and which means that the other party can not reasonably require compliance.
13.1 The client is authorized to terminate the agreement in the meantime. In that case, he is obliged to compensate the contractor for the costs incurred by him and to pay the fee due to the work until the date of cancellation. Furthermore,
In this case, the client is obliged to compensate the contractor for the loss and / or loss suffered, as well as to safeguard the contractor against third party claims as a result of termination of the contract.
14.1 The Contractor is entitled to hold items of the Client until the Client agrees to all costs and fees to which the Contractor claims in respect of the agreement or other agreements, until such time as
client has fulfilled all his obligations towards the contractor.
14.2 The Contractor is empowered to sell the item or objects for sale and is irrevocably authorized to do so if the Client is in default in respect of his payment obligations and is not notified within thirty days after being required to fulfill his obligations. The contractor is entitled to settle all claims against the client with the proceeds of the sale and is required to pay the amount within 30 days after receipt of the purchase price.
15.1 The client is obliged to pay cash on the due date upon receipt of the item or items, unless otherwise agreed in writing. India is
agreed that payment is not made on delivery and no other term has been agreed or agreed by the contractor, payment must be made within 14 days of the invoice date.
15.2 In the case of non-compliance with the obligation to pay cash on delivery or exceeding a payment period of 14 days or exceeding the agreed payment period or contractor’s term of office, the client is in default in default without requiring any further notice of default. Failure to act as a matter of law will also be agreed upon if partial payments have been agreed and any time limit for payment will be exceeded.
15.3 In the case of default, the principal is liable for legal fees over the outstanding amount if the contractor claims that his claim is used by third parties, a contribution to the resulting costs is fixed at 15% of the principal amount due.
15.4 The Contractor is entitled to suspend his own obligation to issue as well as suspend his work if the client is in default regarding compliance with his obligations under the agreement or under any other agreement with the Contractor. The Contractor is furthermore authorized to dissolve the agreement in which case the client is held the resulting result
to compensate the contractor.
15.5 The Contractor is entitled at all times to withdraw the item or objects to which the agreement relates, when the principal is in default. Contractor has been authorized by the client to access the place where the object or objects are located or which can reasonably be assumed to be located there.
XVI APPLICABLE LAW AND DISCLAIMER
16.1 All agreements apply exclusively to Dutch law. Excluding others, the court, within whose arrondissement contractor is located, has jurisdiction to hear any dispute.
16.2 If the client and / or the contractor wishes to obtain a judgment from the Commission’s Complaints Complaints Board, as required by the Statutes and Household Rules of the Netherlands, the contractor is obliged to fully cooperate.
These terms are deposited with the Chamber of Commerce Amsterdam under file number 34229718, April 2006.