General terms and conditions
PM Square BV
Spijkerstraat 321 2
6828 DK Arnhem
+ 31 (0)6 1000 3978
VAT nr: 807765235
- Prices and offers
- Additional work
- Payment conditions
- Applicable law and competent court
Article 1: General
1.1 Our conditions apply to all agreements to which we are a party.
1.2 Our offers are without obligation and can be revoked immediately after your acceptance.
1.3 General terms and conditions of the client do not apply and are explicitly rejected.
Article 2: Duration
2.1 Agreements are entered into for the term indicated in each agreement.
2.2 If you do not terminate the agreement with us in writing at least three months before the expiry of the indicated duration, the agreement will always be tacitly renewed for a period of one year.
2.3 Contracts extended pursuant to the second paragraph must also be terminated in writing, subject to three months’ notice.
2.4 This agreement shall be dissolved by operation of law upon the death of the (surviving) party or parties.
Article 3: Prices and offers
3.1 Our offers state the prices exclusive of turnover tax. The prices do not include everything that is paid by us to third parties in connection with the execution of the agreement.
3.2 The prices of agreements for multiple years, for which the prices are fixed per year, are indexed in accordance with the price index for family consumption series employee families high.
If the client provides any information to the contractor, the contractor may rely on its accuracy and shall base the offer on that information.
3.4 If and in so far as required for the proper performance of the agreement, the contractor has the right to have certain work performed by third parties. PM Square BV is authorised to accept conditions that apply to the relationship between it and the third party or that are stipulated by the third party. PM Square BV will be entitled to enforce these terms and conditions against the client insofar as they relate to the third party’s performance of the assignment. The client shall never hold third parties directly liable.
3.5 The execution of the assignments given shall take place exclusively on behalf of the client. Unless PM Square BV has expressly accepted this in writing, parties other than the client may not rely on the result of the work done for the client or the execution thereof and may not derive any rights from it.
Article 4: Complaints
The Client may not invoke defects in the product or service unless a written complaint has been submitted to the Supplier within 14 days of the date on which the defect was detected or should, within reason, have been detected.
Article 5: Additional work
5.1 If you require services from us, which we are not obliged to provide on the basis of the agreement concluded between you and us, we are entitled to charge you for the additional costs involved at our current hourly rates.
Article 6: Confidentiality
6.1 We shall observe confidentiality with regard to all information of a confidential nature which we receive from you within the framework of the execution of this agreement.
Article 7: Payment conditions
7.1 All payments owed by you to us must be made in euros within the period stated on the invoice. All payments are to be made without any discount or set-off to the accounts indicated on our invoice.
7.2 If you are in default of payment of any amount owed by you, you shall owe us extrajudicial collection costs fixed at 15% of the amount owed by you to us with a minimum of €90.
7.3 In the event of late payment of any amount within the agreed period, we shall furthermore be entitled to claim interest of 2% per month, commencing on the due date of the payment period and to be calculated on the amount then payable, or the statutory interest, such at our discretion, whereby each part of a month shall be counted as a full month.
Article 8: Cancellation
8.1 If you withdraw a commission once given to us before we have started to carry out the work, you will owe us compensation for the costs incurred and for any loss of profit and/or financial assets established in all reasonableness and fairness.
Article 9: Liability
9.1 We are not obliged towards you to compensate for costs, damage and/or interest due to damage caused by us, of whatever nature, if and insofar as this is not due to our intentional act or omission or gross negligence. We are not liable for damage caused by auxiliary persons.
9.2 Furthermore we are not obliged towards you to compensate costs, damage and/or interest when the non-fulfilment on our part cannot be imputed to us, which shall in any case, but not exclusively, be the case in case of illness of our staff, disturbances in our company, riots, war, not or not on time supply of our staff by the carrier.
9.3 If we are obliged to pay compensation to you, this liability will in no case exceed the amount that our insurer pays out, increased by our own risk.
9.4 The client guarantees the accuracy of the information provided by you to us. We are not liable for damages resulting from the provision of incorrect information.
9.5 Finally, we are not liable for any advice given by us without obligation.
Article 10: Applicable law and competent court
10.1 All our agreements are exclusively governed by Dutch law.
10.2 Any disputes that may arise between you and us shall be settled by the competent court in Arnhem.
10.3 The parties may agree on another form of dispute resolution, such as mediation and arbritation.
This version of our Terms and Conditions is valid from: Monday 19 September 2011