GENERAL TERMS AND CONDITIONS OF "Prenet"
These conditions apply to "Prenet" and the client who refer to it in the "Prenet" agreement.
Client and "Prenet"; deliveries and payments.
1. Client means the person who has given the order; under "Prenet" the person who received the order.
2. All deliveries are deemed to have been made on the spot where "Prenet" is located.
3. All payments must be made there.
4. The conditions are deemed to be part of every agreement between the client and "Prenet", unless expressly deviated from in writing. The conditions are known to both parties at the conclusion of the agreement.
5. In the event of a contracting of the uniform purchase conditions used by the client and the present terms and conditions of delivery, the latter will prevail.
1. All offers are without engagement, unless expressly agreed otherwise.
2. In the case of composite prices, there is no obligation to deliver a part for a corresponding part of the price quoted for the whole.
3. If only a part of the work to be carried out is submitted to models, copies, etc., "Prenet" is not bound by the price stated for the whole if it appears that the part not shown requires proportionately more labor than the one shown. .
4. If the assignment fails after a requested quotation, the costs of the quotation can be charged.
Honorarium, costs, rates
1. The remuneration of an employee of "Prenet" is based on hourly rates, unless a different method of payment has been agreed. The applicable hourly rate is included in the agreement.
2. The necessary travel and administrative costs such as telephone, telefax, postage, copy and printing costs and costs of third parties that are necessary and according to the contract within the framework of the contract by "Prenet", will be paid separately in addition to the hourly rates. charged.
3. Insofar as not expressly agreed otherwise, amounts are always exclusive of VAT due.
4. The client will pay the costs of third parties made by "Prenet" directly to the third party in the context of the assignment. If payment is made to third parties via "Prenet", then it is entitled to demand an advance on the costs. "Prenet" is also entitled to pass on a surcharge for administrative costs. "Prenet" will pass on discounts on deliveries from third parties to the client.
5. Declarations of the fee and other fees due are made on a weekly basis. In the case of assignments that are completed within one month, the declaration follows after the work has been completed. An advance on the fee and the costs can be agreed. The costs of third parties can be immediately charged on receipt of invoices from third parties.
6. "Prenet" undertakes to keep a record of hours and costs and to make it available for inspection at the request of the client. This obligation only applies if work is not based on an agreed fixed fee.
Change in the assignment
1. Changes in the original order of any kind whatsoever, made in writing or orally by or on behalf of the client, which cause higher costs than could be expected from the price quotation, will be charged extra to the client. Changes which, on the other hand, result in a reduction of the costs will result in a corresponding amount being charged accordingly than agreed.
2. Any changes in the performance of the assignment still required by the client after the assignment has been issued must have been notified to Prenet in writing and in writing by the client. If they are given orally or by telephone, then the risk for the implementation of the changes is at the expense of the client.
3. Changes made to an order already given may result in the original agreed delivery time being exceeded by "Prenet"; in that case art. 13 applies accordingly.
Property of the client
1. Concerning the storage and use, processing and processing of goods entrusted to him by or on behalf of the client, "Prenet" must use the same care that "Prenet" uses in relation to his own affairs in this respect.
2. Without prejudice to the provisions in the previous paragraph and elsewhere in these delivery conditions, the client bears the risk for the aforementioned goods. If he wants to see the risk covered, he must take out insurance for his own account.
Properties of "Prenet"
1. Sketch designs, presentation models and / or original image carriers, such as print originals, positive and negative films, photographs, designing IT architecture, designing IT infrastructure, designing software, as well as mother tapes on magnetic and digital media, shall at all times remain the property of "Prenet".
2. In the event of damage or destruction of the goods made available to the client as referred to in the previous paragraph, the damage will be charged without prejudice to the right to claim further costs and interest.
Shipping and transport of the work carried out
In the case of carriage paid delivery, the cheapest method of shipment is always followed, unless otherwise agreed in advance. With every other method of shipment, the additional costs are at the expense of the client.
"Prenet" is obliged to carefully store all confidential information, company data and data files of the client and other confidential information that is known in the performance of its activities and to keep it secret.
1. Payment must be made without deduction of any discount and, if not agreed otherwise, within 10 working days after the invoice date.
2. "Prenet" is entitled, irrespective of the agreed payment condition, to demand sufficient security before the delivery and to cease the completion of the assignment if this security can not be given.
3. In the event of deviation from the payment term, the client will be charged an interest on the invoice amount corresponding to the statutory interest. Parts of months are taken into account for the calculation of the statutory interest as full months.
4. The ownership of the goods and rights remains "Prenet" and first, insofar as stipulated, transfers to the client on the day on which the principal, interest, costs and damages in respect of the delivered goods, including those of prior deliveries will have met.
5. For orders that require a long processing time, partial payment may be required. These partial payments must be agreed in advance.
6. All costs, both judicial and extrajudicial, relating to the collection of amounts owed by the client and not paid on time are at the expense of the client; These amount to at least 10% of the amount due and will be at least € 100.00. amounts.
Retention right / story
"Prenet", which possesses the goods of the client, is entitled to retain these goods in order to settle all costs that "Prenet" has spent in order to execute orders related to the aforementioned or to other goods of the client, unless the client has provided sufficient security for those costs. The right to retention also has "Prenet" in case the client is in a state of bankruptcy, on the death of the client or in case the client is placed under guardianship.
Each part delivery, including the delivery of parts of a compound order, can be charged to the client. Art. 9 paragraph 1 of these conditions applies mutatis mutandis.
Failure of the client
If the progress in the execution or the delivery of the work is delayed due to the client's default or force majeure on his part, Prenet may charge the full amount agreed, including the costs already incurred by the client. assignment materials and hours of people without prejudice to his right to claim further costs, damages and interests.
Exceedance delivery term
The agreed delivery times are always considered as approximate and never as fatal terms, unless expressly agreed in writing.
If the client cancels all or part of the order, he is obliged to reimburse "Prenet" all costs reasonably incurred with a view to the execution of this assignment (costs of preparation, storage, commission, etc.) and if "Prenet" so wishes, to take care of the materials and semi-finished products intended for the execution of this order at the prices stated by "Prenet" in its calculation; all without prejudice to the right of "Prenet" to compensation of loss of profits, and also of the other costs, damage and interests arising from the cancellation.
1. Unless otherwise agreed, the client must take receipt of this immediately after completion of the executed order.
2. If, as a result of default, the assignment has to be completely or partially stored by "Prenet" after completion, the costs involved can be charged to the client.
1. Complaints must be made in writing and within fourteen days after delivery of the order.
2. Complaints as referred to in the previous paragraph are only possible insofar as the client has not used the delivered goods, has worked or processed them, or has otherwise disposed of them.
3. The liability of "Prenet" on account of any agreed delivery is limited to the amount involved in the order.
4. If not otherwise agreed in writing, "Prenet" may do a good job for faulty work.
5. "Prenet" is not liable for the consequences of errors in assignment, models or materials, which have been provided by the client.
1. Illness or temporary or permanent incapacity for work of the "Prenet" employee shall relieve "Prenet" from the fulfillment of the agreed delivery period or from his delivery obligation, without the client being entitled to any reimbursement of costs, damages and interests for that reason. apply.
2. In case of force majeure, "Prenet" will immediately notify the client of this. After receipt of this notice, the client has the right to cancel the order in writing for eight days, but under the obligation to take delivery of "Prenet" and to reimburse him for the executed part of the assignment.
Changes in prices, materials and / or semi-finished products required for the assignment, which occur after acceptance of the assignment, can be passed on to the client. Price changes include changes in wages and social charges.
Copyright, industrial property rights and reproduction rights
1. By issuing an instruction for the use, reproduction or reproduction of the items protected by the Copyright Act or any industrial property right, the client declares that no infringement of the copyright or industrial property right is made to third parties and that he releases "Prenet" in and out of court for all consequences arising from the use, multiplication or reproduction.
2. All intellectual property rights of the sketches, drawings, lithographs, photographs, films, models and the like created by "Prenet" remain with him.
3. Author's rights are not included in the costs of the designs.
4. The client receives from Prenet a license for the use of the copyrighted works, which are made by Prenet in the execution of an assignment for the benefit of the client. This license only applies as long as the client meets the financial obligations related to the provision of the copyrighted work. The license only applies to the use of the relevant work by the client himself, or for his legal successors. Use by third parties is not permitted except after written permission.
5. The client and / or third parties are not allowed to make changes to a previously approved or already in use model, design, photo etc., without the prior written permission of "Prenet".
Termination by "Prenet"
1. The client will be deemed to be in attributable default without further notice:
1.1. In case he fails to comply with any obligation under the agreement, not fully or on time;
1.2. In case of bankruptcy or suspension of payment of himself or his company
1.3. On liquidation of his company
2. In the cases mentioned in the previous paragraph, "Prenet" has the right to suspend, without summons and / or judicial intervention, the performance of the agreement in whole or in part, or to dissolve the agreement in whole or in part, without compensation.
1. The agreement in all its parts is governed by Dutch law.
2. As a competent judge, the parties shall designate the court which is competent in the place of residence of "Prenet".