Jaub B.V. – General Terms and Conditions
Drafted on 15 January 2016
General Terms and Conditions of Jaub B.V., established at Johan Verhulstweg 56, 2061LL Bloemendaal the Netherlands, registered with the Chamber of Commerce under number 57015147.
Definitions
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Jaub B.V.: Jaub B.V., registered with the Chamber of Commerce under number 57015147.
Company: The Client acting in the exercise of a trade or profession.
Consumer: The Client not acting in the exercise of a trade or profession.
Service: All work, of whatever form, that Jaub B.V. has carried out for, or for the benefit of, the Client.
Distance service- provision scheme: Every contract concluded between the Client and the Jaub B.V., where under an organised distance service-provision scheme, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Honorarium: The financial reimbursement that is agreed with the Client for the performance of the assignment.
Distance sales: Every contract concluded between the Client and the Jaub B.V., where under an organised distance sales, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded, such as a website, telephone or other means of distance communication.
Assignment: The contract of instruction to provide services.
Contract: Any contract entered into between Jaub B.V. and the Client.
Products: All items that are the subject of the Contract entered into between Jaub B.V. and the Client.
Voucher: A coupon, which meets the security features, which by handing without any payment of discount the service will be provided to the Client.
Client: The one who has accepted the validity of these General Terms and Conditions and has purchase the product and/or had given instructions for the provision of the Service. The Client includes both consumers as companies.
Article 1 Scope
1. These General Terms and Conditions apply to every quotation and Contract entered into between Jaub B.V. and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.
2. These General Terms and Conditions are also applicable to contracts with Jaub B.V. for the implementation of which third parties must be involved.
3. The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.
4. If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Jaub B.V. and the Client will consult with each other to agree new provisions to replace the void or voided ones.
5. Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with Jaub B.V. in writing.
Article 2 Offers
1. Offers should preferably be made in writhing and/or in electronic form, unless pressing circumstances make this impossible.
2. All offers are non-binding, unless a period for acceptance is stated in the offer. If in the offer a period for acceptance is stated the offer or quotation will lapse after this period has expired.
3. The offer and/or quotation will apply as long as the stocks last.
4. Jaub B.V. cannot be held to its offer if the Client, in accordance with the requirements of reasonableness and fairness and generally accepted standards, should have understood that the offer or an element thereof contains a manifest fault or clerical error.
5. If the acceptance departs from the offer included in the offer, whether or not on points of minor importance, then Jaub B.V. is not bound by this. The Contract then does not come into being in accordance with this differing acceptance, unless Jaub B.V. indicates otherwise.
6. A composite offer does not oblige Jaub B.V. to perform an element of the Assignment for a corresponding part of the stated price.
7. Offers do not automatically apply to future orders or reorders.
Article 3 Formation of the contract
The Contract comes into being through the timely acceptance by the Client of Jaub B.V.’s offer.
Article 4 Amendments to the contract
1. If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then Jaub B.V. will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.
2. If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. Jaub B.V. will inform the Client of this as soon as possible.
3. If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then Jaub B.V. will inform the Client of this in advance.
4. If a fixed Honorarium, price and/or fee is agreed, then Jaub B.V. will indicate the extent to which the amendment or supplementation of the Contract will influence the price. In this event Jaub B.V. will attempt, as far as possible, to issue a quotation in advance.
5. Jaub B.V. may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to Jaub B.V.
6. Amendments to the Contract originally entered into between the Client and Jaub B.V. are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract.
Article 5 Implementation of the contract
1. Jaub B.V. will implement the Contract to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.
2. Jaub B.V. is entitled to arrange for certain work to be carried out by third parties. The applicability of article 7:407, paragraph 2 and article 7:409 of the Dutch Civil Code is explicitly excluded.
3. Jaub B.V. is entitled to implement the Contract in phases.
4. If the Contract is implemented in phases, Jaub B.V. is entitled to invoice and require payment for each implemented element separately. If and for as long as this invoice is not paid by the Client, Jaub B.V. is not obliged to implement the following phase, and is entitled to suspend the contract. phases.
5. If the Contract is implemented in phases, Jaub B.V. is entitled to suspend the implementation of those elements that belong to the following phase or phases until the Client has approved in writing the results of the preceding phase.
6. The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for implementation of the Contract, to Jaub B.V. in a timely manner.
7. If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then Jaub B.V. is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.
8. The applicability of article 7:404 of the Dutch Civil Code is explicitly excluded.
Article 6 Prices and fees
1. The prices and fees are expressed in euros and regarding the Client in the capacity of Consumer inclusive of VAT, import and export duties, excise duties and other taxes or government levies, unless indicated otherwise.
2. The prices and fees are exclusive of travel, accommodation, packaging, delivery, transportation costs and administration costs, unless indicated otherwise.
3. For shipments abroad extra fee will be charged.
4. If a fee isn’t expressly agreed, the Honorarium and/or fee will determined by the actual amount of hours and the usual hourly fee of Jaub B.V.
5. Jaub B.V. will provide a statement of all associated costs, or provide information on the basis of which these costs can be calculated by the Client, in a timely manner before the Contract is entered into.
Article 7 Amendment of honorarium, prices and fees
1. If Jaub B.V. agrees a fixed Honorarium, price and/or fee when the Contract is entered into, then Jaub B.V. is entitled to increase this Honorarium, price or fee, also when the Honorarium, price or fee is not originally specified provisionally.
2. If Jaub B.V. has the intention of amending the Honorarium, price and/or fee, it will inform the Client of this as soon as possible.
3. If the increase of the Honorarium, price or fee takes place within three months of the Contract being entered into, the Client can terminate the Contract by means of a written statement, unless:
- the increase arises from a right of Jaub B.V. or an obligation resting upon Jaub B.V. in accordance with the law;
- Jaub B.V. is still prepared to implement the Contract on the basis of that which was originally agreed;
- it is stipulated that the implementation will be carried out more than three months after the Contract was entered into.
4. The Client is entitled to terminate the Contract if the Honorarium, price or the fee are increased more than three months after the Contract was entered into, unless it is stipulated in the Contract that the implementation will be carried out more than three months after the Contract was entered into.
5. Jaub B.V. will inform the Client in the event of the intention to increase the Honorarium, price or the fee, stating the extent of the increase and the date upon which it will take effect.
Article 8 Distance service-provision scheme and/or sales
1. This provision only applies to the Client in the capacity as Consumer.
2. In the event of distance sales delivery has to take place within thirty days.
3. In the event of sales distance of and/or distance service-provision scheme Jaub B.V. has the right to oblige the Client to pay at most 50 percent of the Honorarium in advance.
4. In the event of distance sales the Client has the right to withdraw the contract during a period of fourteen days after receiving the goods, without giving any reason.
5. In the event of distance sales the Client has the right to withdraw the contract after thirty days, if Jaub B.V. didn’t delivered the Product within thirty days, unless parties agreed to a different delivery period.
6. In the event of distance service-provision scheme the Client has the right to withdraw the contract during a period of fourteen days after concluded the contract, without giving any reason.
7. If Jaub B.V. did not has provided the required information regarding the right of withdrawal or did not issued the information in the correct form, the Client has the right to terminate the Contract, without given any reason, during a period of three months after the Client received the Products of Jaub B.V. If the Jaub B.V. will provided the Client with the above-mentioned information during the three month, the withdrawal period shall expire fourteen days after the day upon which the Client receives that information.
8. The Client can withdraw the contract by using the model form of Jaub B.V. or in another manner chosen by the Client.
9. The right to withdrawal lapses at the moment the Service is completely performed. In addition, the right to withdrawal lapses if Jaub B.V. started with the performance of the Service with the prior express consent of the Client and if the Client acknowledge that he will lose his right of withdrawal once the contract has been fully performed by the Jaub B.V.
10. If the Client sends the goods back, the Client has to return the goods in a proper packaging with all accessories and in original condition. The shipping costs will be at risk and for the account of the Client.
11. If the Client used his right to withdrawal the Contract, the Client is obliged to return the goods within fourteen days, because the Client informed Jaub B.V. to withdrawal the Contract.
12. If the Client used his right to withdrawal the Contract, Jaub B.V. will reimburse all payments, including the shipping costs, within fourteen days after the dissolution of the Contract.
13. If the goods are not available, Jaub B.V. will inform the Client of this as soon as possible and Jaub B.V. will reimburse the payment within fourteen days. If Jaub B.V. and the Client agree that a good of similar quality and price may be delivered, the shipping costs will be for the account for the Client. The foregoing is only applicable if the Client uses his right to terminate the Contract during the withdrawal period.
14. The provisions of this article shall not apply if the Contract regards to
- services which are performed on a specific date or during a specific period;
- products and/or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Jaub B.V. and which may occur within the withdrawal period;
- sealed goods for which the Client has broken the seal;
- products which are delivered and/or services which are performed within the cooling-off period with the consent of the Client;
- products and/or services that cannot be returned because of their nature;
- products and/or services that rapidly can be decay or can become obsolete;
- products specifically made for the Client and/or services that are specially performed for the Client;
- products and/or services custom made.
Article 9 Delivery
1. Delivery regarding the Client in the capacity as Consumer will take place by bringing the goods under control to the Client. After the delivery the risk of the good will be transferred to the Client.
2. Delivery regarding the Client in the capacity as Company will take place by making the goods available to the Client. After the delivery the risk of the good will be transferred to the Client.
3. The Client is obliged to accept the purchased goods at the moment they are available to him or when they be handed over to him.
4. If the Client refuses to accept the good at the place of delivery or the Client is negligent in providing data or instructions, which are necessary for the delivery, the goods which were intended for the delivery will be stored at the risk and expense of the Client. In this case the Client shall bear any additional costs.
Article 10 Delivery and implementation periods
1. The delivery and/or implementation will take place within a period stated by Jaub B.V.
2. If a period is agreed or stated for the delivery of the product and/or for the implementation, then this period is only indicative and is not to be regarded as a strict deadline.
3. If Jaub B.V. needs information or instructions from the Client that are necessary for the delivery and/or implantation, then the delivery and/or implementation period will commence after the Client has provided these to Jaub B.V.
4. If a delivery and/or implementation period is exceeded, the Client must issue Jaub B.V. written notice of default, whereby Jaub B.V. will be offered a reasonable period to deliver the good.
5. A notice of default is not necessary if the delivery and/or implementation has become permanently impossible, or it otherwise becomes apparent that Jaub B.V. will not meet its obligations arising from the Contract. If Jaub B.V. does not delivery and/or implementation within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.
Article 11 Passing of Risk consumers
1. This provision only applies to the Client in the capacity as Consumer.
2. Until the moment the goods are brought under the Client’s control, the goods subject to the Agreement will be for the account and at the risk of Jaub B.V.
3. The risk of loss, damage or decrease in value of the goods that are subject to the Contract passes on to the Client in the capacity as a Consumer at the moment the goods are brought under the control of the Client in the capacity as a Consumer or a third party appointed by the Client.
Article 12 Transfer of risk companies
1. This provision only applies to the Client in the capacity as a Company.
2. The items that are the subject of the Contract are at the cost and risk of Jaub B.V. until the time that these are made available to the Client.
3. The risk of loss, damage or reduction in value of items that are the subject of the Contract is transferred to the Client in the capacity as a Company at the time that the items become available to the Client in the capacity as a Company or to a third party designated by the Client.
Article 13 Payment
1. Payment will take place by means of transfer to a bank account specified by Jaub B.V. at the moment of the purchase or delivery, unless agreed otherwise.
2. Payment has to be made in advance, unless agreed otherwise. In the case article 8 concerning distance sales and/or service-provision will apply, payment also can be made afterwards.
3. The Client is not authorised to deduct any amount from the payable amount by reason of a counterclaim made by the Client.
4. Jaub B.V. and the Client may agree that payment be made in instalments in proportion with the progress of the work. If payment in instalments is agreed, the Client must make payment in accordance with the periods and percentages as established in the Contract.
5. Objections to the level of the invoice do not have the effect of suspending the payment obligations.
6. In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Jaub B.V. and the obligations of the Client towards Jaub B.V. are immediately claimable.
Article 14 Collection costs
1. If the Client is in default or in breach of the Contract in fulfilling its obligations (in a timely manner) then all reasonable costs incurred to obtain an out-of-court settlement are payable by the Client.
2. With regard to the extrajudicial (collection) charges, Jaub B.V. is entitled, in so far as the Client act in the capacity as a Company, in departure from article 6:96 paragraph 5 of the Dutch Civil Code and the Payment of Extrajudicial Collection Charges Decree, to a payment of 15% of the total outstanding principal sum, with a minimum of € 90,- for every invoice that is wholly or partly unpaid.
3. With regard to the extrajudicial (collection) charges, Jaub B.V. is entitled, in so far as the Client act in the capacity as a Consumer, to a payment of the maximum sum that is determine in the Payment of Extrajudicial Collection Charges Decree.
4. In so far as the Client act in the capacity as a Consumer,Jaub B.V. is only entitled to a reimbursement of extrajudicial collection charges after the Jaub B.V. send the client a reminder to pay within 14 the outstanding invoice or invoices after the client came into default.
5. Any reasonable legal costs and execution costs incurred are also payable by the Client.
Article 15 Voucher
1. A Voucher can only be outsources at Jaub B.V.
2. The Client must carefully preserve the Voucher. There will be no compensation in case of theft or loss.
3. A Voucher is valid during a period of 1 month.
4. Vouchers cannot be returned or exchanged for money.
5. In the case of distance of sale Vouchers can be returned within 14 days. After this period the Vouchers cannot be returned or exchanged for money.
6. In the case of distance service-provision Vouchers can be returned within 14 days. After this period the Vouchers cannot be returned or exchanged for money.
Article 16 Retention of title
1. All items supplied by Jaub B.V. within the framework of the Contract remain the property of Jaub B.V. until the Client has properly fulfilled and fully complied with that which is required of it by virtue of the Contract.
2. Payable amounts also include the reimbursement of all charges and interest, including those of earlier or later supplies and services provided, as well as compensation claims due to breach of contract.
3. For as long as the ownership of the supplied items has not been transferred to the Client, the Client may not sell on, pledge or in any other way encumber that which falls under the retention of title, except within the normal conduct of its business.
Article 17 Suspension
1. If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully or in a timely manner, then Jaub B.V. is entitled to suspend the corresponding obligation. In the event of partial or inadequate fulfilment, suspension is only permitted in so far as this is justified by the shortcoming.
2. Moreover, Jaub B.V. is entitled to suspend the fulfilment of the obligations if:
- after the Contract is entered into, Jaub B.V. becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
- the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
- circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Jaub B.V.
3. Jaub B.V. reserves the right to claim compensation.
Article 18 Termination
1. If the Client does not fulfil an obligation arising from the Contract, or does not meet it fully, in a timely manner or properly, then Jaub B.V. is entitled to terminate the Contract with immediate effect, unless the shortcoming, in view of its limited significance, does not justify the termination.
2. Moreover, Jaub B.V. is entitled to terminate the Contract with immediate effect if:
- after the Contract is entered into, Jaub B.V. becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
- the Client is requested, on entering into the Contract, to provide security for the fulfilment of its obligations arising from the Contract, and this security is not provided or is insufficient;
- due to a delay on the part of the Client, Jaub B.V. can no longer be required to fulfil the Contract under the originally agreed conditions;
- circumstances arise of such a nature that fulfilment of the Contract is impossible, or that the unamended maintenance of the Contract cannot be reasonably required of Jaub B.V.;
- the Client is declared bankrupt, submits an application for a suspension of payment, requests the application of debt rescheduling for natural persons or is served with a writ of sequestration on all or part of its property;
- the Client is placed under conservatorship;
- the Client deceases.
3. Termination will take place by means of a written declaration, without judicial intervention.
4. If the Contract is terminated, the Client’s debts to Jaub B.V. become immediately due and payable.
5. If Jaub B.V. terminates the Contract on the above-mentioned grounds, Jaub B.V. is not liable for any costs or compensation.
6. If the termination is attributable to the Client, the Client is liable for the damage suffered by Jaub B.V.
Article 19 Force majeure
1. Breaches may not be attributed to Jaub B.V. or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Contract.
2. In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Jaub B.V. can exercise no influence and through which Jaub B.V. is not able to fulfil its obligations.
3. Circumstances regarded as resulting in force majeure include strikes, lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials or machinery components and lack of labour forces, as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Contract by Jaub B.V. cannot be reasonably sought by the Client.
4. Jaub B.V. is also entitled to invoke force majeure if the circumstance that hinders (further) fulfilment of the Contract occurs after Jaub B.V. should have fulfilled its obligations.
5. In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation.
6. During the period that the force majeure continues, both Jaub B.V. and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.
7. If the situation of force majeure is of a temporary nature, Jaub B.V. reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.
8. If at the time of the occurrence of force majeure Jaub B.V. has already partly fulfilled, or will fulfil, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Jaub B.V. is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.
Article 20 Guarantees
1. Jaub B.V. accordingly guarantees that the delivered goods will be conform with the Contract. Jaub B.V. also guarantees that the delivered goods meet the usual requirements and standards that can be reasonably met and that the goods have the qualities, all circumstances taking into account, that are required for normal use.
2. Jaub B.V. accordingly guarantees that the work carried out by it will conform with the Contract and will be properly carried out with good workmanship and using proper materials.
3. The guarantee stated in these General Terms and Conditions applies to usage within and outside the Netherlands.
4. If the delivered Product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise.
5. If the delivered Product does not conform with the guarantee, company will, after notification of this, replace or repair the Product free of charge within a reasonable period.
6. When the guarantee period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be borne by the Client.
7. No form of guarantee covers damage caused by incompetent use or lack of care, or as a result of alterations made by the Client or by third parties, nor does Jaub B.V. provide any guarantee for damage arising as a result of these defects.
8. The guarantee also becomes inoperative if the defect has arisen through or is a result of circumstances beyond the control of Jaub B.V. These circumstances include weather conditions.
Article 21 Examination and claims
1. The Client is obliged to examine the delivered goods at the time of delivery, but in any case within 3 days after the delivery. The Client is obliged to examine the Service at the moment of performance, but in any case within 3days after the performance of the Service. The Client must examine whether the quality and quantity of the Service comply with what the parties agreed, at least meet the requirements that are common in trade.
2. Visible defects and shortcomings have to be reported within 3 working days after the delivery in writing to Jaub B.V. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
3. Visible defects and shortcomings have to be reported within 3 working days after the performance of the Service in writing to Jaub B.V.
4. Non-visible defects and shortcomings have to be reported within 3 working days after its discovery to Jaub B.V. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably onerous.
5. The right to (partial) restitution of the price, repair or replacement of the Product or compensation lapses, if the defects will not be reported within the prescribed period, unless the nature of the Product states otherwise or from circumstances of the case a broader period arises.
6. Any shippings costs incurred for returning the defective Product Jaub B.V. will reimbursed if the Client requested Jaub B.V. in writing to return the defective Product. Other costs than shipping costs will ever be reimbursed by Jaub B.V., unless agreed in writing. The shipping costs will never be reimbursed when the Client didn’t ask Jaub B.V. in writing to send.
7. The payment obligation will not be suspended if the Client reports the defect to Jaub B.V. within the prescribed period.
8. If the Client complaints in time, the Client will stay obliged to purchase and pay for the purchased goods, unless these goods have no independent value.
Article 22 Liability
1. The implementation of the Contract is entirely at the risk and responsibility of the Client. Jaub B.V. is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Jaub B.V.
2. The liability of Jaub B.V. is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client. In the case of consumer purchase, this limitation does not extend further than is permitted pursuant to article 7:24, paragraph 2 of the Dutch Civil Code.
3. Jaub B.V. is not liable for damage, of whatever nature, resulting from Jaub B.V. basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Jaub B.V.
4. If Jaub B.V. is liable for any damage, then the liability of Jaub B.V. is limited to an amount of € 10.000,-.
5. The Client must report the damage for which Jaub B.V. can be held liable to Jaub B.V. as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.
6. Any liability claim against Jaub B.V. lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.
7. The limitations of the liabilities in this article will not apply if the damage is due to an intentional act or recklessness of SBR Trading B.V. or due to his supervisory subordinates.
8. Jaub B.V. is not liable and responsible for design errors, construction defects, processing errors, incorrect processing, incorrect coloring, and damages that has caused by this as a result.
Article 23 Indemnity
1. The Client indemnifies Jaub B.V. against any claims by third parties who suffer damage in connection with the implementation of the Contract which is attributable to the Client.
2. If Jaub B.V. may be sued for this reason, then the Client is bound to provide Jaub B.V. with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Jaub B.V. and third parties will be at the expense and risk of the Client.
Article 24 Limitation period
1. In departure from the legal limitation period, a limitation period of one year applies to all claims against Jaub B.V. and any third parties brought in by Jaub B.V.
2. The foregoing shall not apply to claims which are based on the non-conformity of the delivered goods of the Contract. In this case claims lapses after two years after the Client has informed Jaub B.V. about the defect of the delivered good.
Article 25 Intellectual property
1. Jaub B.V. reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.
2. Jaub B.V. reserves the right to utilise the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.
Article 26 Confidentiality
Both Jaub B.V. and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Assignment.
Article 27 Privacy and cookies
1. Jaub B.V. will store the details and information that the Client provides to Jaub B.V. carefully and confidentially.
2. When visiting our website Jaub B.V. can collect the information on the use of the website of the Client through cookies.
3. The information that Jaub B.V. collects through cookies can be used for functional an analytical purposes.
4. Jaub B.V. may only use the personal details of the Client within the framework of the implementation of its obligation to supply, or of dealing with a complaint.
5. Jaub B.V. is not permitted to lend out, hire out or sell the personal details of the Client, or to publicise them in any other manner.
6. If Jaub B.V. is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and Jaub B.V. cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then Jaub B.V. is not liable to pay compensation or grant indemnification. The Client is also not entitled to terminate the Contract by reason of any damage arising in this way.
7. The Client agrees that Jaub B.V. may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client may make this known.
8. Jaub B.V. reserves the right to utilise the other details of the Client in anonymous form for (statistical) research and databases.
Article 28 Newsletter
1. The Client can sign up for the newsletter.
2. The newsletter will keep the Client informed of the latest new and the most recent developments.
3. The Client will receive the newsletter by e-mail.
4. The Client can opt out in writing of though a hyperlink of the newsletter at any time. In this case the Client will receive no more messages.
Article 29 Amendment of the general terms and conditions
1. SBR Trading B.V. is entitled to amend the general terms and conditions unilaterally.
2. Amendments will also apply to Contract that are already concluded.
3. SBR Trading B.V. will inform the Client by e-mail about the amendments.
4. The amendments to the general terms and conditions will be in force after thirty days after the Client is informed of the amendments.
5. If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.
Article 30 Interpretation, translation
1. As well as the original Dutch version of these General Terms and Conditions, there are two other versions of the General Terms and Conditions, translated into English.
2. The Dutch version of the General Terms and Conditions of Jaub B.V. is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions. In the event of a difference in meaning or interpretation between the two versions, then the Dutch version of the General Terms and Conditions will prevail.
Article 31 Applicable law, disputes
1. Dutch law is exclusively applicable to all legal relationships to which Jaub B.V. is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.
2. The applicability of the Vienna Sales Convention (CISG) is excluded.
3. Disputes between Jaub B.V. and the Client will only be submitted to the competent court in the Limburg district, unless the law mandatorily prescribes otherwise.
Article 32 Location
These General Terms and Conditions are filed at the Chamber of Commerce under number 57015147.
