Article 1. General.
- These terms and conditions apply to any offer, quotation and agreement between SafetyNet Nederland bv (and trademarks under SafetyNet Consultants, SafetyNet Europe, SafetyNet International and all their websites), hereinafter referred to as “SAFETYNET”, and a Client to which SAFETYNET has applied these terms, insofar as these terms and conditions Not explicitly and in writing by the parties.
- The present terms and conditions shall also apply to agreements with SAFETYNET for the execution of which third parties must be involved by SAFETYNET.
- The applicability of any purchases or other terms of the Client is expressly rejected.
- If one or more provisions in these Terms and Conditions are at all times partially or invalid, or in any event, it shall remain fully applicable in these General Terms and Conditions. SAFETYNET and the Client will then consult with a view to agreeing new provisions replacing the null or void provisions, with as much as possible complying with the purpose and purpose of the original provisions.
Article 2. Force majeure
- SAFETYNET is not obliged to comply with any obligation to the Client if he is hampered by a circumstance that is not due to debt, neither under law, nor in law, or in terms of traffic Comes.
- Force majeure is understood in these terms and conditions, in addition to what is understood by law and jurisprudence, to provide all of the outbreaks, or non-provision, of which SAFETYNET can not influence, but by which SAFETYNET is unable to fulfill its obligations to come. SAFETYNET also has the right to appeal to force majeure if the circumstance that prevents (further) compliance with the agreement occurs after SAFETYNET has been required to fulfill its commitment.
- During the period of force majeure, SAFETYNET may suspend the obligations of the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without obligation to compensation for damage to the other party.
Article 3. Liability.
- If SAFETYNET should be liable, then this liability is limited to what is governed by this provision.
- SAFETYNET is not liable for any damage whatsoever arising from the fact that SAFETYNET assumed incorrect and / or incomplete data provided by or on behalf of the Client.
- If SAFETYNET should be liable for any damage, SAFETYNET’s liability is limited to a maximum of one-time invoice value of an invoice, at least to that part of the contract covered by the liability.
- SAFETYNET is solely responsible for direct damage.
- Under direct damage, only the reasonable costs for determining the cause and extent of the damage, in so far as the determination relates to damage within the meaning of these terms and conditions, made possible reasonable costs for the defective performance of SAFETYNET To answer the agreement as much as they can be attributed to SAFETYNET and reasonable costs incurred to prevent or limit damage, insofar as the Client shows that these costs have resulted in the limitation of direct damage as provided for in these terms and conditions. SAFETYNET is never liable for indirect damages, including consequential damages, loss of profits, missed savings and damage due to company stagnation.
Article 4. Indemnification.
- The Client indemnifies SAFETYNET for any third party claims that, in connection with the performance of the agreement, suffer damage and the cause of which is attributable to other than SAFETYNET. Should SAFETYNET be used by third parties for this purpose, then the Client is obliged to assist SAFETYNET both outside and in law and without delay doing anything that may be expected of him. Should the Client fail to take appropriate action, then SAFETYNET shall be entitled to do so without notice. All costs and damages incurred by SAFETYNET and third parties will be fully and indirectly at the expense of the Client.
Article 5. Applicable law and disputes.
All legal relationships with which SAFETYNET is a party is governed exclusively by Dutch law.
