Boring Legal Stuff

GENERAL TERMS AND CONDITIONS OF PAYMENT

Professionals Company BV – a BroVest Holding BV

Professionals Company bv trading as: FunTear Retro Caravans, Airstream Professionals and American Way Rentals. Conforms to Dutch law and various industry associations.

Article 1 – Definitions
In these terms, and in an agreement to which they are applicable, shall mean:
1.1 under client: the (legal) person who fulfills ‘Professionals Company bv’ provided to advising on, organizing or carrying out of an event, purchasing a product or modification of a product onn assignment, rents a product or service.
1.2 under ‘Professionals Company bv: the (legal) person who has undertaken to advise against the client over, organizing or carrying out of an event, purchase, manufacture or import a product, customized adaptations or who-in the tender stage – is prepared to undertake so.
1.3 under the agreement: an agreement between the client and ‘Professionals Company bv’ to advise on, organization, execution of an event, purchasing a product or rents a product or service
1.4 under artist: Every artist (in the broadest sense), speaker or musician, alone or in groups, who are against ‘Professionals Company bv’ committed to giving a performance.
1.5 under production date: the (first) day of by ‘Professionals Company BV’ to organize under a contract or perform event will take place.
1.6 under delivery date: the (first) day of delivery from our factory or showroom
1.7 under / time: agreed with the client time and place of execution of a (part of) event.
1.8 under buyout: to organize all in price for the relevant part of a by ‘Professionals Company bv’ or perform event to which this term refers, including taxes (except sales tax), contributions with if applicable.

Article 2 – Applicability of conditions
2.1 These terms and conditions form part of all offers and contracts’ Professionals Company BV.
2.2 Differing conditions and any terms and conditions of the customer shall only apply if and to the extent that they have been accepted. Expressly ‘Professionals Company BV’ writing

Article 3 – Quotes
3.1 An initial exploratory meeting with a potential client is free of cost.
3.2 Offers of ‘Professionals Company BV’ as an invitation to a potential client to make an irrevocable offer to join as described in the offer a contract.
3.3 Quotations of ‘Professionals Company BV “have a validity of 14 days. After this period, any options expire and reserves’ Professionals Company BV reserves the right to use for other applications. Reserved for the execution of the offer capacity.

Article 4 – Execution of an agreement
4.1 ‘Professionals Company BV will any agreement to perform, to the best, and is authorized to call for the execution of a contract to hire third parties.
4.2 If a deviation from what was originally agreed, during the execution of an agreement at the request of the client, the more costs will be charged to the Client.
4.3 Complaints following the execution of a contract should be as soon as possible, but no later than five days after the execution completes, by registered letter to ‘Professionals Company BV announced on pain of forfeiture of any claim whatsoever.
4.4 Slight deviations in the implementation, also in an aesthetic sense, provide no grounds for complaint.

Article 5 – Responsibilities Client
5.1 The Client must ensure the consent of third parties and permits required for performance of a contract, which included copyrights (Buma) insurance yourself.
5.2 The Client is responsible for the acts and omissions of the visitors to a under an agreement organized by ‘Professionals Company BV’ or executed event.
5.3 Unless otherwise agreed, the customer shall at its own cost ensure adequate measures to ensure artists and visitors from organized under an agreement or executed event security. If arrangements have already been made on the aforementioned measures is’ Professionals Company BV shall nevertheless be entitled to additional requirements shall be set when the circumstances (eg increased popularity of an artist) so require.
5.4 If the customer fails to take adequate measures to ensure the safe conduct of an event is ‘Professionals Company BV is entitled to find, without the customer being entitled to any compensation or off with’ only claim the event entirely or partially canceled professionals Company BV ‘agreed price.

Article 6 – Suspension / cancellation
6.1 ‘Professionals Company BV is entitled to suspend, upon reasonable fear to believe that the principal shall not fulfill its obligations under the agreement (to) meet the performance of a contract
6.2 The Client shall be entitled to postpone by a ‘Professionals Company BV’ to execute an agreement pursuant to or organize events or cancel.
6.3 In postponement or cancellation by the client the client is obliged to ‘Professionals Company BV’ to compensate all the latter demonstrably incurred costs as well as the following percentage of the agreed upon full implementation of the event or reasonably foreseeable fee to ‘Professionals Company BV:
(a) in the case of postponement or cancellation later than one hundred twenty days before the date of production, at least 50% of that fee;
(b) in the case of postponement or cancellation in the period between one hundred and twenty days and thirty days before the date of production, at least 75% of that fee;
(c) in the case of postponement or cancellation later than thirty days before the date of production, 100% of that fee.
Furthermore, the client ‘Professionals Company BV shall indemnify against all claims of third parties involved in the execution of the contract, where those claims relate to the postponement or cancellation of the event.
The foregoing does not affect the obligation of the principal, to meet. In case of late delivery of the event, yet the full price plus the additional costs caused by the delay
6.4 In the event of postponement or cancellation by the client by Professionals Company BV to deliver restorative / Catering Services are uniform conditions catering establishments (UHC) of Horeca Netherlands used.

Article 7 – Invoices and payments
7.1 ‘Professionals Company BV “has the power to require. Before and during the execution of the agreement, the payment of one (or more) advance (s) at the agreed price Payment of such advance shall take place within fourteen days after the invoice date and no later than ten days before the date of production, failing which the client is legally in default.
‘Professionals Company BV is then entitled to dissolve under the obligation of the principal to the agreement’ Professionals Company BV ‘full indemnify, such with as minimum compensation a fee of the full by’ Professionals Company BV ‘demonstrable costs and 75% agreed on the full implementation of the agreement or reasonably foreseeable honorarium. Client shall furthermore be obliged to indemnify us for all claims of third parties involved in the execution of the agreement. ‘Professionals Company BV’
The number of participants or guests that five working days before the execution of an event ‘Professionals Company BV’ is known, the minimum number for the final bill. The final bill, adapted to current events and minus the deposit, must be paid within fourteen days, failing which the client is legally in default. Following the invoice date
7.2 Complaints in respect of an invoice must be as soon as possible but no later than eight days after the invoice date, by registered letter to ‘Professionals Company BV’ notified under penalty of forfeiture of any claim whatsoever.
7.3 The Client shall, without the express written consent of Professionals Company BV ‘his payment not suspend nor what he has set off with what he has possibly’ Professionals Company BV ‘claim due.
7.4 Any payment of principal stretches in the first place to reduce the costs, subsequently to reduce the interest due and finally to reduce the principal amount owed ​​to ‘Professionals Company BV.
7.5 If the cost of ‘Professionals Company BV is increased due to interim rate changes in sales tax, social security, income tax or other taxes, or as a result of price changes by third parties, is’ Professionals Company BV’ authorized these changes by taxing to client. Case by taxing foreign currency exchange rates prevailing at the date of invoice ‘Professionals Company BV daily exchange rate.
7.6 If the customer is in default with the payment of any amount, he is from the day on which the default occurred on the amount due to a failure rate ‘Professionals Company BV’ due. This failure rate is equal to the statutory interest rate plus two percentage points, with a minimum of 12% per year.
7.7 For production orders (FunTear, Airstream, American Way) holds explicitly that pay advances in synch with the progress of the production. Payments will be made unless otherwise agreed to invoice 50% on order, 25% at the start of production and 25% before delivery.

Article 8 – Shortcomings client
8.1 If the client fails to perform in the fulfillment of any of its obligations under the agreement, he will forfeit because of the resulting delay ‘Professionals Company BV, a fine equal to twice the price for the execution of that contract, without prejudice the right of ‘Professionals Company BV’ to additionally require full compensation.
8.2 All judicial and extrajudicial costs’ Professionals Company BV ‘it in the context of a breach of the client, will be to’ Professionals Company BV will be reimbursed. As damages for that failure by the client The extrajudicial costs are considered at least equal to the amount by ‘Professionals Company BV’ client to claim 15%.

Article 9 – Liability
9.1 ‘Professionals Company BV is only liable for direct loss of principal resulting directly from the failure, untimely or improper fulfillment of the contract and in case of intent or gross negligence on the part of’ Professionals Company BV. For consequential damages, including lost profits,  Professionals Company BV is never liable.
9.2 In any case, the liability of ‘Professionals Company BV’ limited to the agreed upon full implementation of the event or reasonably foreseeable fee ‘Professionals Company BV.
9.3 Any claim by the customer must ‘Professionals Company BV’ to be made ​​within eight days after the day on which principal became known or reasonably have known both the damage and the liability of ‘Professionals Company BV’ known to compensation for damages can be. An action by the client for damages barred in any event by the lapse of eighteen months after the event which caused the damage.

Article 10 – Force Majeure
10.1 A breach can not be imputed if it is not due to his fault, either under law, legal act or generally accepted for its account. Force majeure to the defaulting party
10.2 To the extent that ‘Professionals Company BV’ (co) is whether or not engaged by third parties, depending on the performance of a contract will be failures resulting from an act or omission of such third parties not to ‘Professionals Company BV’ imputed can be. Under such act or omission shall be deemed to include the non-appearance of an artist due to illness.
10.3 ‘Professionals Company BV has the right to provide a decent substitute performance, if an agreement due to unforeseen circumstances, can not be performed as agreed, without any of the client in whole or in part, a duty arises discount on the agreed price or termination of the contract. ‘Professionals Company BV is to inform of such circumstances as soon as he is aware of it himself. Required client
10.4 If the performance of a contract will be force majeure on the side of ‘Professionals Company BV permanently impossible, the client to’ Professionals Company BV “then to establish a consultation reasonable fee for the already ‘Professionals Company BV’ worked.

Article 11 – Intellectual Property Rights
11.1 The Client will refrain whether or not elaborated ideas or proposals’ Professionals Company BV “in connection with an event outside ‘Professionals Company BV’ to (leave) home-run or repeat. Implement an event
11.2 Without the written consent of Professionals Company BV ‘no audio and video recordings of acting within the framework of an event artist will be manufactured.
11.3 Without the written consent of Professionals Company BV will be no sound recordings, posters, photographs, or other articles, the name or likeness of any person acting in the course of an event artist used to be sold. During or after the act for or
11.4 Without the written consent of ‘Professionals Company BV’ Airstream Inc. or Airstream Europe Ltd is not allowed the Airstream logo, the Airstream Travel Trailer design, and the Airstream Travel Trailer be used for branding purposes third party brands. registered trademark Airstream, It is without the written consent of an Airstream Travel Trailer of stickers and logos of third parties to provide, or to be used for promotional campaigns. Otherwise It is not allowed to use logos, remove nameplates of products delivered or to spend without written permission from Professionals Company bv. Otherwise modifications to products When changing products delivered statutory warranty expires
11.5 Without the written consent of ‘Professionals Company BV, FunTear Retro Caravans & Motorhomes is not allowed to FunTear logo, the FunTear design to be used for branding purposes third party brands. FunTear the registered trade mark, and the FunTear products It is not permitted without written authorization to provide a FunTear stickers or logos of third parties, or to be used for promotional campaigns. Otherwise It is not allowed to use logos, remove nameplates of products delivered or to spend without written permission from Professionals Company bv. Otherwise modifications to products When changing products delivered statutory warranty expires

Article 12 – Disputes
12.1 Disputes between the client and ‘Professionals Company BV will be submitted for consultation. Initially set by the Independent Event Organisers in conjunction with DMSA Dispute
12.2 If the opinion of the Disputes Committee will not lead to a resolution of the dispute, either party may refer the dispute if required to submit to the nature of the dispute to the competent civil court of the domicile of ‘Professionals Company BV.
12.3 The legal relationship between the parties is governed by Dutch law and excecuted in Dutch court.

Article 13-Warranty on products supplied
13.1 For all products supplied and/or manufactured by Professionals Company, our warranty terms apply in accordance with the rules of the Dutch law.

-.——–.-……. © 2001 – 2017 Professionals Company BV

This post is also available in: Dutch