Terms and Conditions

General terms and conditions of Ridon Steigerbouw BV, established in Rotterdam at Slinge 771-f 3086 EZ in Rotterdam, filed with the Chamber of Commerce in Rotterdam.

Article 1. General / Applicability

1.1 The following conditions apply to all our offers and all agreements concluded by us or actions performed by us.

1.2 All our offers - including quotations, brochures and price lists - are without obligation and can be revoked without any form, even after acceptance of the offer by the client. Withdrawal after acceptance by the client must be effected immediately.
 

1.3 An agreement is only concluded if and insofar as we accept an order from the client in writing or if we execute an order.
   

1.4 An acceptance of our offer that deviates from the offer is considered a rejection of the original offer and a new offer that is not binding on us. This also applies if the acceptance deviates from our offer only on minor points.
   

1.5 We are not binding on any statements provided by us in images, catalogs, drawings or in any other way regarding size, capacity, performance or results. They are considered to be approximate.
   

1.6 The nullification and / or invalidity of any provision of these terms and conditions does not affect the validity of the other provisions of these terms and conditions. 
   

1.7 We are at all times entitled to change these general terms and conditions. As soon as the amended general terms and conditions have been notified to the client, they will apply between Ridon Steigerbouw BV and the client. 
   

1.8 Claims of the client against us are not transferable or pledgeable. This provision has property law effect. The transfer and pledge prohibition does not include pledging of claims to the client's in-house lender.
   

Article 2. Prices   

2.1 All prices in the offers referred to by us as referred to in Article 1.2, only apply to those offers and can be revised until the moment the agreement is accepted by us.   

2.2 The price does not include the costs of transport, assembly costs, disassembly costs, construction drawings, construction calculations, packaging and VAT. These costs are invoiced separately. Packaging sold will not be taken back.
   

2.3 We are entitled to charge separately for additional work performed by us. We will notify the client of this in writing, who, if he has not objected in writing within 8 days of sending this notice, is deemed to have agreed with the scope and prices of the additional work.   

2.4 After the conclusion of the agreement, prices may be increased due to external factors, such as increases in taxes, external supplier prices, exchange rates, raw materials, freight costs, wages and / or social security charges, import duties, levies or other charges.
   

2.5 Any costs or taxes charged by the government can be passed on to the client.
   

Article 3. Assembly and disassembly       

3.1 For the assembly / disassembly work to be carried out by us, a fixed contract price or an hourly rate based on execution and direction, or settlement per other measurable and agreed unit may be agreed between us and the client.
     

3.2 The agreement for the performance of assembly / disassembly work is based on performance under normal circumstances during normal working hours. We are entitled to charge additional surcharges for overtime and other extraordinary circumstances of the client. Additional costs resulting from changes to safety regulations are at the expense of the client.
   

3.3 We have the right, if the work to be performed for a fixed contract price deviates from the data provided by the client and on which the contract price is based, to charge the additional costs resulting from this - plus a reasonable profit margin - to the client. bring.
   

3.4 We will perform the agreed assembly or disassembly in accordance with the requirements of good workmanship.
   

3.5 The Client is responsible or ensures at its own expense and risk: - that the construction of the building, in which, on which, on or for which the equipment is mounted, is suitable for this purpose; - that any drawings and / or specifications and / or instructions, on which the assembly / disassembly work to be carried out by us is based, have been verified and the stated dimensions and other data have been checked; - that the client's own instructions and instructions are in our possession in good time before the start of the assembly or disassembly, failing which we will not be bound by such instructions or changes; - that all obstacles on the construction site have been removed before the start of the assembly. Annoying level differences in the subsoil have been leveled; - that the surface is strong enough to support the construction to be erected by us; - that the place of assembly or disassembly is accessible for our means of transport; - that the client is in possession of all permits required for the assembly or disassembly to be carried out; - that the client complies with all applicable government regulations, in particular safety regulations; - that any duties due - including sufferance tax - have been paid on time and - that any compulsory street furniture, such as barriers and lighting, has been installed. 
       

3.6 From the moment we have delivered all or part of the equipment to the construction site or the place of delivery, or the moment the equipment is removed from our depot, the client is liable for theft, misappropriation or loss and damage thereof. .
     

3.7 If the client does not make any comments on the delivery of the equipment delivered or assembled by us, the client is deemed to have approved the equipment and its construction and the delivery has taken place.     

3.8 When carrying out assembly / disassembly work, we do not accept any liability for injury to persons, damage to buildings, installations or other items, as well as for other (business) damage that may arise as a direct or indirect result of an act or omission of himself, his subordinates or other persons employed by or on behalf of him, unless there is deliberate recklessness or intent.   

3.9 Unless otherwise agreed, the client is not permitted to use the assembled equipment for purposes other than those for which they are intended under the agreement with us. The client is not permitted to make changes to the equipment delivered by us or the construction carried out by us without our approval.   

Article 4. Technical service, advice and designs       

4.1 If we provide technical service for the client, such as the development of designs, static calculations, assembly calculations and implementation drawings, as well as inspection of structures, checks and discussions, we are entitled to charge costs for this separately to the client, unless otherwise agreed.     

4.2 The Client will provide us in a timely manner with the information, data and decisions necessary to properly fulfill and complete the assignment given on the basis of this article. In that light, Article 3.5 second point for attention is fully applicable. If the information, data and decisions and / or the data referred to in Article 3.5 prove to be incorrect, all damage and costs that will result from this will be for the account and risk of the client.   

4.3 The client must at all reasonable times enable us or our representatives or insurers to check, test, adjust, repair or replace the goods of ours that are under the client. We will hinder the client as little as possible in the performance of these activities.   

4.4 All drawings, descriptions, calculations, models and tools produced by us on behalf of the client remain our property, with retention of copyrights thereon.   

4.5 The client will not copy, show to third parties, disclose or use any data relating to construction methods used, designed or proposed by us without express written permission from us.   

4.6 All technical service, advice and designs we provide to the client are provided and executed to the best of our ability.   

4.7 We are expressly permitted to use the services of third parties in the performance of the technical service as referred to in this article. Without prejudice to the provisions of article 8 of these general terms and conditions, our liability is in any case limited to the amount that we can recover from the third party or third parties engaged by us in a given case.       

4.8 Without prejudice to the provisions of article 8 of these general terms and conditions and without prejudice to the provisions of the previous paragraph, we are only liable for compensation for damage caused by: a. The costs of adapting the design, study or report; b. the costs of repairing defects and the damage caused directly by those defects. This never includes costs that would have been included in the construction sum, purchase price or construction costs of the object, if the assignment had been properly executed from the start; c. the costs of the man and equipment hours declared to the client by third parties, which were lost due to our failure, except in the event that this manpower and equipment deployment could be meaningfully used differently or elsewhere during the delay time.                   

Article 5. Delivery time / performance of the activities                           

5.1 Unless explicitly agreed otherwise, the delivery time is only approximate and can never be regarded as a deadline, unless explicitly agreed otherwise. Exceeding the delivery time does not under any circumstances entitle the client to compensation. Nor can the client claim dissolution of the agreement in this respect.                             

5.2 We are entitled to suspend the further performance of our activities as long as the client has not fulfilled all his obligations towards us. This right of suspension applies until the moment that the client has fulfilled his obligations, unless we have already made use of our right to dissolve the agreement. This does not affect our right to compensation.                         

5.3 The agreement concluded by us will be executed to the best of our ability. Deviations of a minor nature do not entitle the client to dissolution and / or compensation.
                       

5.4 Client is obliged to provide the necessary (government) permits.                     

Article 6. Risk                 
                 

6.1 Delivery takes place, unless otherwise agreed, ex company premises in Bergschenhoek or elsewhere, at our choice.
               

6.2 All goods and equipment travel at the risk of the client from the moment of dispatch or delivery. Even if carriage paid delivery has been agreed, the client is liable for all damage that occurs during the transport of the goods.             

6.3 In the case of deliveries on demand, the risk passes as soon as the goods have been separated on our site for the benefit of the client.
           

Article 7. Force majeure Article         

7.1 Circumstances beyond our control and / or our actions, which are of such a nature that compliance with the agreement can no longer reasonably be demanded of us or can no longer be fully required, give us the right to dissolve the agreement in whole or in part and / or to suspend the execution thereof without any obligation to pay compensation.
       

7.2 The circumstances referred to in the previous paragraph of this article include: non-delivery, incomplete and / or delayed delivery by our suppliers, import and export prohibitions, measures taken by Dutch and / or foreign government bodies, which make the implementation of the agreement more difficult or more costly. than was foreseeable at the conclusion of the agreement, frost, strike and / or company occupation, epidemics, traffic disruptions, loss or damage during transport, fire, theft, failures in the supply of energy, defects to machines, everything in our company if from third parties, from whom we have to obtain all or part of the necessary equipment or raw materials and furthermore all other causes arise outside our will and / or our control.
       

Article 8. Guarantee / complaints / liability     

8.1 Unless the client has not fulfilled his obligations towards us, we guarantee the soundness of the equipment used and the correct execution of the work in accordance with the assignment for a period of three months after delivery. This warranty is limited to the repair of reported defects and does not extend to damage, which may be the result thereof. No more guarantee is given on equipment obtained from third parties than is given to us by the supplier.
     

8.2 Except for the provisions of the previous paragraph and paragraph 8.4, we are never liable for any damage whatsoever that may arise for the client from an agreement concluded with us. The Client indemnifies us in this matter against claims from third parties.     

8.3 Without prejudice to the provisions of the previous paragraph, we are never liable for consequential damage (including inter alia: business interruption, loss, loss of profit).   

8.4 Our liability is limited to replacement of the defective good delivered or a part thereof or to a refund of the agreed price or proportional part thereof, all at our discretion.     

8.5 Our liability is limited to the amount that is paid out under our insurance in the relevant case. If, for whatever reason, the insurance does not pay out and we are nevertheless liable for the damage and / or costs, the liability is limited to the amount of the invoice for the activity from which the damage resulted.     

8.6 All complaints must, under penalty of forfeiture of rights, be made by registered letter within eight days after delivery of the goods, or at least after the defect could reasonably have been established, under penalty of forfeiture of claims in this regard.     

Article 9. Retention of title and security     
     

9.1 We reserve the ownership of all goods delivered by us up to the moment of full payment of the price of all goods delivered or to be delivered by us to the client, as well as for our possible claims for by us in the context of the delivery of goods performed or to be performed and of what we can claim from the client due to the client's failure to comply with the agreement concluded with the client, including collection costs, interest and fines.
     

9.2 The transfer of the goods will only take place after full payment of all claims as referred to in the previous paragraph.     

9.3 If and insofar as no payment has been obtained by us for the due and payable claims, in respect of which we have reserved ownership of the delivered goods, as well as in the event of suspension of payment, application for suspension of payments, bankruptcy or liquidation of the client's goods, we are entitled to take back the goods without notice of default and without judicial intervention and, insofar as necessary, we are now irrevocably authorized by the client for this purpose and the client is obliged to grant access to all in use in his company in that context. spaces, All this without prejudice to our right to claim compensation from the client.     

9.4 The client is entitled to resell the goods delivered by us, of which we own, on our behalf, but only insofar as this is customary in his normal business operations, unless we have informed the client that he is no longer authorized to do so.     

9.5 The Client is obliged to establish a non-possessory pledge on the goods delivered by us at our first request, as soon as we lose ownership thereof for any reason, as security for the payment of all existing and future claims from us against the with regard to collection costs and interest included. Failing this, all our claims are immediately due and payable and we are entitled to proceed to dissolve the agreement (s), without prejudice to our right to compensation.     

9.6 The client is prohibited from establishing a right of pledge for the benefit of a third party on the goods delivered by us - regardless of whether we still own them. The Client is obliged to keep the goods delivered by us recognizable as our property and not to mix them with or build them into the goods of third parties.     

9.7 We will always - as long as the purchased and delivered items have not been paid in full, as well as before proceeding to delivery - a bank guarantee, or at least an equivalent security as a guarantee for the payment of the amount due or what will become due after delivery. , may desire. Client is then obliged to provide this security.     

9.8 As long as the sub 9.7. such security has not been provided, we may suspend delivery and / or declare the current agreement dissolved without judicial intervention, without prejudice to our right to performance and / or compensation.     

Article 10. Payment     

10.1 Unless explicitly agreed otherwise, payment must be made within thirty days of the invoice date.     

10.2 If no payment has been made within thirty days of the invoice date, we are entitled to charge interest equal to the statutory commercial interest, plus 2% per year, whereby part of a month is counted as a full month.     

10.3 If the invoice amount has not been paid in full on the due date, the client will be in default by the mere expiry of the term, without any summons or notice of default being required. We are then entitled to dissolve the agreement without any judicial intervention, whereby the rights accruing to us as stated in the previous paragraphs of this article remain unaffected. Furthermore, the client is then obliged to reimburse us for all costs that we have to incur to collect the outstanding amounts, in particular: a. Invoices from lawyers and attorneys with regard to their activities, both in and out of court, also insofar as they exceed the amounts liquidated by the Court, costs of bailiffs, agents and collection agencies, as well as all execution costs. The extrajudicial costs of the aforementioned are fixed at 15% of the principal sum, with a minimum of € 150; b. costs of bankruptcy filing; c. the storage costs in the event of suspension of delivery.     

10.4 Payment is first deducted from the collection costs, then from the interest owed and then from the principal sum. If the client leaves several invoices unpaid, a payment - with due observance of the provisions of the previous sentence - will first be deducted from the oldest invoice and then from the second oldest invoice and so on.     

Article 11. Compensation / settlement / suspension     

11.1 The client is not permitted to offset any amount owed by him to us with amounts that we may owe him.
     

11.2 In case of timely impossibility to deliver, the client is not entitled to suspend payment.     

11.3 The Client is also not entitled to suspend payment under this agreement in connection with any other agreement concluded with us.     

Article 12. Drawings, patents, etc.     

12.1 With regard to documents that we provide to the client, such as designs, images, drawings, diagrams, estimates, etc., we retain the ownership and copyright, even if costs have been charged for these modest costs.
     

12.2 The Client may neither copy these documents, nor make them available in original or photocopy to third parties or make them available for inspection.     

12.3 Client indemnifies us against infringement of patents and similar rights of third parties.     

Article 13. Special conditions for rent and lease     

13.1 These terms and conditions apply in addition to the general terms and conditions, insofar as they are not expressly deviated from below, if there is an agreement of rent and lease.
     

13.2 The rental period commences on the date of delivery of the rented object or when this has been expressly agreed with the client at the time when the rented object is delivered to the client's address, and ends on the date on which the rented object is received back, however with that on the understanding that, if the rented property is returned before the agreed rental period has expired, the rent is due for the entire agreed rental period. The minimum rental period is 4 weeks. This because of the handling costs.     

13.3 The rental price for mechanically driven equipment is based on a maximum working time of 45 hours per week. For weeks, during which the rented property is in use for more than 45 hours per week, the rent may be increased in proportion to the agreed rent and the number of overtime hours. The Client is obliged to provide us with a written statement of these overtime hours every four weeks.     

13.4 The Client has the right to inspect the rented item or have it inspected before shipment or collection. If the client does not make use of this right, the rented item is deemed to have been delivered in good condition and complete.     

13.5 Client is fully responsible and liable for the rented from the time of delivery until the return of the rented to our depot.     

13.6 The Client is obliged to keep the hired equipment during the hire at his expense and risk in a proper operational condition, to insure it and to do everything necessary, unless expressly agreed otherwise. We have the right to check the equipment or have it checked at any time during the rental. Failure to exercise this control does not affect our rights. The client is liable for all damage against new value, damage and theft to the rented property during the term of the agreement.     

13.7 After termination of the lease, the client is obliged to return the rented property to us in an undamaged and cleaned condition. After return delivery, the client will receive a return slip with a specified statement of the returned goods. If the statement is incorrect, the client must - under penalty of forfeiture of rights - notify us by registered letter within 8 days after sending the return form. We will inspect the rented equipment within fourteen days after the return delivery, if desired in the presence of the client and, after the inspection, we will provide the client with a written statement of defects and damage. We are entitled to repair and clean the returned rented property ourselves, if necessary. All costs related to the above will be borne by the client and will be invoiced separately. Our documents are binding with regard to the defects and damage that came to light on the occasion of that inspection.     

13.8 If, after expiry of the agreed or extended rental period, the client fails to return all or part of the rented item to the agreed or specified location, we have the right to immediately claim the rented item or what is missing from the client and at the expense and risk. from the client, whereby the latter undertakes to grant us access to the place (s) where the rented object is located.     

13.9 The Client may not grant any right to the rented object or sublet the rented object to third parties or transfer his rights arising from this agreement in whole or in part to third parties. Nor is the client permitted to remove the rented property from the place at the work for which it is intended without our permission and / or to set it up in other places and / or works.     

13.10 During the rental period, the client is obliged to observe all applicable safety regulations and other regulations imposed by the government. The client indemnifies us against all damage resulting from the client's failure to observe these regulations.     

13.11 If the rental has been agreed in assembled condition and the assembly or disassembly of the rented property is delayed due to force majeure on our part, this will not result in any change with regard to the agreed date of commencement of rental.     

13.12 If it has been agreed that the rented item will be collected by us at the end of the rental period, the client will keep the equipment ready for transport after prior notification. Extra costs as a result of non-compliance with this obligation may be charged by us.     

13.13 The Client declares to be aware of it and to the extent necessary to agree that the ownership of the rental object can (come to) rest with a third party or that the rental object can be (or will be) pledged to a third party, as security for the payment of all that this third party has or may have to claim from us under rental and / or financial lease agreements or for whatever reason.     

13.14 Notwithstanding the existence of the present rental agreement, the client is obliged to hand over the rental object to the third party on first request, without the client being able to invoke any right of retention, if and as soon as the third party will demand delivery of the rental object on the basis of non-compliance with our obligations to the third party. As a result of this claim, the present rental agreement will be terminated by operation of law with immediate effect. Delivery as aforementioned must take place at the office of the third party or at a location designated by that third party. We are never liable to pay compensation to the client with regard to the dissolution of the rental agreement or the claiming of the rented object.     

13.15 If the situation of 13.14 occurs and the third party would like to continue the use of the rental object by the Lessee under the same conditions, the third party will be put in our place. The client agrees to this in advance.     

13.16 The applicability of articles 7: 226 and 7: 227 Dutch Civil Code is excluded. Articles 13.13 to 13.16 cannot be revoked by the client or us.     

Article 14. Disputes Article     

14.1 All disputes between the client and us, which may arise from the agreement concluded by us with the client, will be settled at our discretion by the Dutch court, which is competent on the basis of the legal competence rules or by the competent court in the district of our place of actual establishment.
     

Article 15. Dutch law applies     

15.1 Dutch law applies to all acts performed by us, including agreements concluded by us. The operation of the Vienna Sales Convention is excluded. If the rental has been agreed in assembled condition and the assembly or disassembly of the rented property is delayed due to force majeure on our part, this will not result in any change with regard to the agreed date of commencement of the rental. .