Terms and Conditions
Terms and Conditions
GENERAL RENTAL AND PAYMENT TERMS AND CONDITIONS OF SPORT COMPUTER GRAPHICS BV,Operating from de Nijlandseweg 9, at Lieveren(9304 TR) (CoC 04033997). Filed at the Chamber of Commerce and Factories for the province of Drenthe on January 20, 2008 with document number 01148664.
- All our offers, agreements and the implementation thereof are exclusively governed by our general delivery and payment conditions. Deviations can only be agreed with us in writing.
- In these terms and conditions, "counterparty / tenant" is understood to mean: every (legal) person who has entered into or wishes to conclude an agreement with our company and, apart from this, his representative (s), authorized representative (s), assignee (s) ) and heirs.
- The own terms and conditions applied by the other party remain unaffected insofar as they are not contrary to the present terms and conditions. In that case, our terms and conditions will at all times take precedence, even if otherwise stipulated.
- All offers made by us, in whatever form, are without obligation, unless explicitly stated otherwise.
- Acceptance of an order, or a part thereof, is reserved to us, regardless of the status of an offer made by us. In case we decide not to accept an order, we will inform you as soon as possible.
- We reserve the right to refuse orders without stating reasons or to deliver cash on delivery.
- The drawings, plans, calculations, tools, etc. provided or manufactured by us remain our property. Without our express permission, they may not be multiplied or handed over to third parties. If the other party fails to meet this obligation, there is a culpable shortcoming on the basis of which compensation is due.
- A rental agreement with us is concluded the moment we have accepted or confirmed an order either in writing, orally or by telephone. The order confirmation is deemed to represent the agreement correctly, unless the client immediately objects to this in writing.
The authority to conclude binding agreements is exclusively reserved for our management. Agreements concluded by others than the management are only binding if they are confirmed by our management.
After the conclusion of the agreement, additional agreements are deemed to form part of the agreement.
For transactions for which no order confirmation has been sent, the invoice is deemed to accurately and completely represent the agreement, unless there is a claim within 7 working days after the invoice date.
Each agreement is concluded under the condition precedent that the other party is sufficiently creditworthy for the financial performance of the agreement. The assessment is up to us. We are entitled to demand security from the other party so that both the financial and other obligations will be met regardless of the state of affairs in the implementation of the agreement.
The tenant has an obligation to provide information regarding the correct execution of the agreement. With incomplete information we are not liable for possible inaccuracies in the implementation.
For a correct execution of the agreement we are free, if we find this necessary, to engage a third party. The costs of this are charged to the tenant.
- Our prices are stated in Euros, excluding VAT and all other government-imposed taxes. Goods are delivered from our company or another location designated by us. Costs for transport, loading, packaging and insurance are for the account of the other party.
- Increases in one or more of the cost price factors are passed on in the order price; all this with due observance of any existing legal provisions in this regard. Already known future price increases must be stated in the order confirmation.
If, after an agreement has been concluded, the other party wishes to cancel, 10% of the order price (incl. VAT), or the actual damage and costs incurred as a result, will be charged as cancellation costs, without prejudice to our right to full compensation, incl. lost profit.
6. Special provisions regarding rent and lease
- We - also referred to as the "lessor" - commit ourselves to the other party - hereinafter referred to as "the lessee" to surrender further specified items for rent, as the lessee undertakes to rent these items from the lessor for use.
- The tenant undertakes to pay the agreed rent and the fees and costs ensuing from this agreement and to return the rented property after termination of the rental time, all this with due observance of the provisions below.
7. The rental period
- The lease is entered into for a minimum period agreed by the parties, which starts on the day prior to delivery of the leased property determined and ends on the day on which the leased property is received in its entirety and in good condition.
- If the leased property is returned prematurely within the minimum rental period, the rent remains due over the entire agreed rental time.
- If the tenant of one of the items rented by us is for some reason not determined on the date of delivery, is able to dispose of the rental enjoyment, the rent is nevertheless due over the entire agreed period, while the rented property is for the account and risk of the tenant is kept available.
- The lessor reserves the right not to extend this after the agreed rental period has expired.
- If the rental agreement has been entered into for an indefinite period of time, this agreement will end by means of a written cancellation. The period that the tenant must take into account for this is one calendar month. This period must also be maintained by the lessor, unless circumstances based on reasonableness and fairness indicate that a shorter notice period can be observed for the lessor.
- The lessor ensures that the leased property complies with any applicable statutory regulations.
- During the entire rental period, the full risk of the rented property is for the account of the tenant, regardless of which event, action or non-action would have caused any damage, therefore also in the event of force majeure. The tenant is obliged to compensate all damage to the rented property based on new value.
- If the rental period of any public property or property belonging to third parties is used, the tenant is obliged to ensure that the necessary permission or permit is granted by the person entitled.
- The lessee indemnifies the lessor against all possible claims from third parties in connection with the rented items.
- During the rental period, the tenant is obliged to use, maintain and protect the rented items by nature and purpose against theft and damage.
- During the rental period, all necessary repairs are carried out by or on behalf of the lessor. The tenant may only have repairs carried out by qualified personnel after prior written permission from the lessor, while only original parts may be used. Only repair costs as a result of normal wear and tear are at the expense of the lessor, so all costs as a result of overloading and / or improper use are at the expense of the lessee. Defects must immediately be reported to the lessor in writing.
- During the rental period, the lessor is at all times entitled to check the condition and method of use of the leased property. At the first request, the tenant must grant immediate access to the rented property.
- Without the express written permission of the lessor it is not permitted to use the rented property to any third party, nor to transfer any right arising from the lease wholly or in part to third parties.
- The goods rented from us can be used at both national and international level. However, this is only possible with the permission of the authorized persons and written recording thereof in the agreement.
- The lessor is obliged to connect the rented goods in such a way that it is equipped with an overvoltage protection, so that damage caused by lightning and / or overvoltage can be prevented. If damage is caused to the rented property without such security, irrespective of whether this is caused by lightning and / or over voltage, wind blisters or other weather influences, this damage is not covered by the landlord's insurance company, so that the tenant is liable for this.
- Neither is the lessor's insurer covering the damage that is the result of the deliberate destruction of the rented property, without any usefulness being shown. The tenant will also be liable for compensation for the consequent damage suffered by the lessor.
10. Return delivery
- At the end of the rental period, the tenant is obliged to completely return the rented items during office hours in the original and cleaned condition.
- If for any reason whatsoever the rented items are not returned to the lessor in fully cleaned or undamaged condition, the lessee is obliged to reimburse all costs with regard to the necessary cleaning and / or repair of damage to the lessor. Upon return, the tenant has the right to have the condition of the rented goods determined by an expert, in the absence of which the claim drawn up by the lessor will be decisive. With regard to the defects found by the lessor, there is no other burden of proof on it than the submission of a specified account.
- During the period required for cleaning and / or repairing damage to the rented property, the rental period is accordingly extended and the tenant is obliged to pay the agreed rent.
- If the rented items are not returned at the end of the rental period or are damaged in such a way that they must be considered as "total loss", the tenant is obliged to compensate us for the replacement value, without prejudice to the other payment obligations.
11. Provisions regarding software licenses
- With the conclusion of an agreement in which the necessary software is involved, the tenant grants the non-exclusive right to use this software for an indefinite period of time.
- The tenant will only use the software on one system or installation. Only in the event of a possible malfunction can the software, in consultation with us, be used temporarily on a replacement configuration.
- The tenant is not permitted to transfer his rights of use with regard to the software and / or to use, alienate or otherwise surrender to third parties under any title.
- If the lessee fails to comply with these user rights provisions, we will be entitled to immediately terminate all user rights to the software without judicial intervention and to demand restitution or destruction of the software. The above applies without prejudice to all our other rights, including in particular the right to compensation.
- During the rental period, the rented items are exclusively and entirely at the risk of the tenant.
- The landlord does not bear any further liability than stipulated in this agreement. The landlord will therefore in no case be liable for any visible or invisible, hidden or hidden defect. In particular, the tenant has no right to refuse payment of the rental price, or to claim the termination of the rental agreement and / or claim compensation on the grounds of the alleged attributable shortcoming on the part of the lessor himself. In particular, the landlord is not liable for any damage suffered by the tenant or third parties as a result of force majeure, disorder in the landlord's business, default or delay in delivery, replacement or repair if these were necessary as a result of normal wear and tear of the tenant. the rented items.
- If the lessor requires this, it can have its insurer waive its right of recovery with regard to:
- tenants or third parties to whom the property has been handed over for free by the lessor;
- the tenant, if the lessor makes a claim of giving up the insured items for rent;
- tenants, regardless of whether they are persons and / or companies, who use the items as insured for the same purposes as the lessor;
- tenants who are members of the Dutch cinema voucher, studio owners and all other tenants with whom the insured items may be located in connection with production and / or processing and / or assembly;
- all staff and assistants in the production and / or processing and / or assembly of tenants, so that the rented items can be used.
13. Force majeure
- Force majeure is understood to mean: each of the two parties being independent and / or unforeseen, as a result of which compliance with the agreement can no longer reasonably be required by the other party.
- We have the right to suspend the execution of the agreement if the force majeure is temporary. As soon as the force majeure situation is specified, we will commence or continue the implementation.
- In the event of a permanent force majeure situation, the assessment of which lies with us, the parties can make an arrangement regarding the dissolution of the agreement.The part of the performance that had already been achieved for the force majeure situation will of course be invoiced.
- Parties immediately inform each other if one of them believes that they are in a situation of force majeure.
- Payment must be made within 30 days after the invoice date to a bank or giro account number designated by us, the value date being the day of payment, unless otherwise agreed in writing.
- All payments made by the other party serve primarily to settle any interest and collection costs incurred by us and then to settle the oldest outstanding invoices.
- In the event that the other party: is declared bankrupt, proceeds to bankruptcy of the estate, submits a request for suspension of payment, or attachment is levied on all or part of his property, dies or is placed under guardianship, any effect does not comply with the law or of these conditions on its obligation, fails to pay an invoice amount or part thereof within the specified period, proceeds to strike or transfer of its business or a significant part thereof, including the contribution of its business, we have the right, on the basis of an event cited above, either to terminate the agreement or to repay any amount owed by the other party on the basis of the services provided by us immediately and without any warning or notice of default being required requirements, all without prejudice to our right to reimbursement of costs, damage and interest.
15. Interest and costs
- If payment has not been made within the period stated in the previous article, the other party will be in default by operation of law and will owe interest of 1% per (part of a) month on the outstanding amount from 30 days after the invoice date.
- All judicial and extrajudicial costs to be incurred will be borne by the other party. The judicial costs also include all actual costs of legal and litigation assistance made during legal proceedings that exceed the liquidity rate. The extrajudicial collection costs amount to at least 15% of the amount owed by the other party including the aforementioned interest.
- Complaints regarding the delivery of the relevant rented performance must be submitted to us in writing within 14 days. In order to handle the complaint, it is necessary that the nature of the complaint is explained in detail. We are solely responsible for assessing the merits of the advertisement.
- Complaints with regard to invoices must also be submitted in writing, however within 8 days after the invoice date.
- The merits of the complaint can only lead to the agreed performance. Never more can be delivered than agreed.
- Submitting a complaint can never suspend the payment obligation. If the complaint is found to be justified, the payment obligation can only be suspended insofar as it relates to the complaint.
- Return of the delivered goods can only take place after our explicit prior permission, under conditions to be determined by us.
17. Applicable law
All our actions, including offers, agreements and executions are exclusively governed by Dutch law.
All disputes arising as a result of an agreement to which the present terms and conditions apply (in whole or in part) or further agreements of which such agreements are a result, will be settled by the Dutch civil court within whose jurisdiction our place of residence is located, unless the sub-district court has jurisdiction is. Landlord is entitled - contrary to the above - to bring a dispute to court in the district where the tenant is established, in accordance with the relevant legal rules.