{"id":169,"date":"2015-12-31T19:57:56","date_gmt":"2015-12-31T19:57:56","guid":{"rendered":"http:\/\/www.harponv.com\/privacy-policy\/"},"modified":"2019-12-31T16:54:40","modified_gmt":"2019-12-31T16:54:40","slug":"algemene-voorwaarden","status":"publish","type":"page","link":"https:\/\/www.harponv.com\/en\/algemene-voorwaarden\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

METAL UNION CONDITIONS January 1, 2019<\/h3>\t\t\t

General terms and conditions issued by Koninklijke Metaalunie (entrepreneurs' organization for small and medium-sized companies in the metal sector) designated as METAALUNIE CONDITIONS,
\nfiled at the registry of the Rotterdam District Court on January 1, 2019. Edition of Koninklijke Metaalunie, Postbus 2600, 3430 GA Nieuwegein.
\n\u00a9 Royal Metal Union
\nArticle 1: Applicability
\n1.1. These conditions apply to all offers
\nwho does a Metaalunie member, on all agreements that he
\nand to all agreements resulting therefrom, a
\nand others insofar as the Metaalunie member is supplier or contractor.
\n1.2. The Metaalunie member who uses these conditions is referred to as the contractor. The other party is indicated
\nas a client.
\n1.3. In the event of any conflict between the content of the agreement concluded between the client and the contractor and these conditions, the provisions of the agreement will prevail.
\n1.4. These conditions may only be used by
\nMetal Union members.
\nArticle 2: Offers
\n2.1. All offers are non-binding. Contractor has it
\nhis right to revoke his offer until two working days after the
\nhas reached him.
\n2.2. If the client provides information to the contractor,
\nthe contractor may assume the correctness and completeness
\nof this and he will base his offer on this.
\n2.3. The prices stated in the offer are expressed in euros, excluding sales tax and other government levies or taxes. The prices are also exclusive
\ntravel, accommodation, packaging, storage and transport costs as well as costs for loading, unloading and providing cooperation
\ncustoms formalities.
\nArticle 3: Confidentiality
\n3.1. All information provided to the client by or on behalf of the contractor (such as offers, designs,
\nimages, drawings and know-how) of what nature and
\nin whatever form, are confidential and will not continue
\nclient are used for any other purpose than ter
\nimplementation of the agreement.
\n3.2. The information referred to in paragraph 1 of this article will not be made public or multiplied by the client.
\n3.3. If the client violates one of the obligations referred to in paragraphs 1 and 2 of this article, it is per breach
\nan immediately due and payable fine of \u20ac 25,000.
\nIn addition to compensation on the basis of the
\nrequired by law.
\n3.4. Client must provide the information referred to in paragraph 1 of this article on first request, within a period specified by contractor
\nset term, at the choice of the contractor
\nor destroy. In the event of a violation of this provision, the client shall owe the contractor an immediately due and payable penalty
\ndue of \u20ac 1,000 per day. This fine can be added to
\ncompensation under the law must be claimed.
\nArticle 4: Advice and information provided
\n4.1. Client cannot derive any rights from advice and
\ninformation from the contractor that is not directly related to the assignment.
\n4.2. If the client provides information to the contractor,
\nthe contractor may perform the contract
\nassume its accuracy and completeness.
\n4.3. The client indemnifies the contractor against any claim
\nfrom third parties with regard to the use of advice, drawings, calculations, designs, materials, brands, samples, models and the like provided by or on behalf of the client. Client will all be provided by contractor
\ndamage to be suffered, including fully incurred costs
\ndefense against these claims.
\nArticle 5: Delivery time \/ execution period
\n5.1. A specified delivery time or execution period is indicative.
\n5.2. The delivery time or execution period only starts when
\nall commercial and technical details are in accordance
\nall information, including final and approved drawings and the like are in the possession of the contractor, the agreed (installment) payment has been received
\nand the other conditions for the implementation of the
\nassignment has been fulfilled.
\n5.3. If there is:
\nCircumstances other than those known to the contractor when he stated the delivery time or execution period will be
\nthe delivery time or execution period extended by the time that
\nContractor, taking into account his schedule, needs to complete the contract under these circumstances
\nto feed;
\nb. additional work, the delivery time or execution period is extended
\nwith the time that the contractor takes into account
\nplanning, needs to get the materials and parts
\nto deliver for this or have it delivered and to do the additional work;
\nc. suspension of obligations by the contractor
\nthe delivery time or execution period extended by the time that
\nhe needs to respect the
\norder after the reason for the suspension
\nhas lapsed.
\nSubject to proof to the contrary by the client, the duration will be
\nof the extension of the delivery time or execution period suspected to be necessary and to be the result of a situation such as
\nreferred to above under a to c.
\n5.4. Client is obliged to bear all costs incurred by contractor
\nmakes or damage that the contractor suffers as a result of a
\ndelay in the delivery time or execution period, as stated
\nin paragraph 3 of this article.
\n5.5. Indicates that the delivery time or execution period is exceeded
\nclient is in no case entitled to compensation
\nor dissolution. The client indemnifies the contractor for this
\nany claims from third parties as a result of exceeding the delivery time or execution period.
\nArticle 6: Delivery and transfer of risk
\n6.1. Delivery takes place at the moment that the contractor
\nmakes the item available to the customer at its business location and has informed the customer of the item
\navailable to him. Client contributes from
\nat that time, among other things, the risk of the case for storage,
\nloading, transport and unloading.
\n6.2. Client and contractor can agree
\nthat the contractor takes care of the transport. The risk of
\nstorage, loading, transport and unloading also rests in that
\non the client. Client can oppose this
\ninsure risks.
\n6.3. If there is a trade-in and client pending
\ndelivery of the new item the item to be exchanged
\nthe risk of the item to be exchanged remains with the client until the moment he has placed it in possession
\nof contractor. As client, the item to be exchanged
\ncannot deliver in the state it was in when the
\nagreement was concluded, the contractor may terminate the agreement.
\nArticle 7: Price change
\nThe Contractor may increase the cost-determining factors that occurred after the conclusion of the agreement.
\ncharge on to the client. The client is obliged to follow the price increase at the first request of the contractor
\nmeet.
\nArticle 8: Force majeure
\n8.1. A shortcoming in the fulfillment of his obligations is possible
\nnot be attributed to the contractor if this
\nshortcoming is the result of force majeure.
\n8.2. Force majeure includes the circumstance that third parties engaged by contractors such as
\nsuppliers, subcontractors and transporters, or others
\nparties on which the client depends do not or not timely fulfill their obligations, weather conditions,
\nnatural disasters, terrorism, cyber crime, disruption of
\ndigital infrastructure, fire, power outage, loss, theft
\nor lost of tools, materials or information, road blocks, strikes or work interruptions and
\nimport or trade restrictions.
\n8.3. Contractor has the right to suspend compliance with its obligations if it is temporary due to force majeure
\nprevented from fulfilling his obligations towards the client
\ncome. If the force majeure situation has expired, the contractor will fulfill his obligations as soon as his schedule permits.
\n8.4. If there is force majeure and compliance is or becomes permanently impossible, or the temporary force majeure situation
\ncontractor has lasted more than six months
\nauthorized the agreement in full with immediate effect
\nor partially dissolve. In such cases the Client is authorized to terminate the agreement with immediate effect
\ndissolve, but only for that part of the obligations
\nthat has not yet been complied with by the contractor.
\n8.5. Parties are not entitled to compensation as a result
\nof force majeure, suspension or dissolution within the meaning of this
\narticle suffered or suffered damage.
\nArticle 9: Scope of the work
\n9.1. Client must ensure that all permits,
\nexemptions and other decisions that are necessary
\nto perform the work have been obtained on time. The client is obliged at the first request of the contractor
\ncopy of the aforementioned documents to him
\nto send.
\n9.2. Unless otherwise agreed in writing, the work includes
\nnot:
\na. soil, pile driving, chipping, breaking, foundation, masonry, carpentry,
\nplastering, painting, wallpapering, repair work or other
\narchitectural work;
\nb. the realization of connections of gas, water, electricity, internet or other infrastructural facilities;
\nc. measures to prevent or limit damage to
\nor theft or loss of present at or at the workplace
\nAffairs;
\nd. removal of materials, building materials or waste;
\ne. vertical and horizontal transport;
\nArticle 10: Additional work
\n10.1. Changes in the work result in any case in additional work
\nas:
\na. there has been a change in the design, specifications or specifications;
\nb. the information provided by the client does not correspond to reality;
\nc. estimated quantities may differ by more than 5%.
\n10.2. Additional work is calculated on the basis of the price-determining
\nfactors that apply when the extra work becomes
\nconducted. The client is obliged to pay the price of the additional work at the first request of the contractor.
\nArticle 11: Execution of the work
\n11.1. The client ensures that the contractor carries out his work undisturbed and at the agreed time
\ncan perform and that in the execution of his work he will have access to the necessary facilities, such as:
\na. gas, water, electricity and internet;
\nb. heating;
\nc. lockable dry storage space;
\nd. prescribed on the basis of the Working Conditions Act and legislation
\nServices.
\n11.2. Client bears the risk and is liable for it
\ndamage to and theft or loss of items from the contractor, client and third parties, such as tools,
\nmaterials intended for the work or used in the work
\nequipment located at or near the place where the
\nwork is being carried out or at another agreed place.
\n11.3. Without prejudice to the provisions of paragraph 2 of this article, the client is obliged to take out adequate insurance against
\nthe risks mentioned in that paragraph. In addition, the client must ensure insurance of the work risk
\nuse equipment. Client serves contractor
\nfirst request a copy of the relevant insurance policy (s)
\nand send proof of payment of the premium. If there
\nIn the event of damage, the client is obliged to immediately report this to his insurer for further treatment
\nand settlement.
\nArticle 12: Completion of the work
\n12.1. The work is considered completed in the following
\ncases:
\na. if the client has approved the work;
\nb. if the work has been put into use by the client.
\nThe client starts using part of the work
\nthen that part is considered completed;
\nc. if the contractor has written to the client
\ninformed that the work has been completed and the client is not
\nwithin 14 days after the day of the notification in writing
\nhas indicated that the work has not been approved;
\nd. if the client does not approve the work on the basis of
\nminor defects or missing parts that are inside
\n30 days can be repaired or delivered and that
\ndo not stand in the way of the commissioning of the work.
\n12.2. If the client does not approve the work, he is obliged
\nto make this known in writing, stating the reasons
\nto the contractor. Client submits contractor
\nto provide the opportunity to complete the work.
\n12.3. The client indemnifies the contractor against claims
\nfrom third parties for damage to undelivered parts of the
\nwork caused by the use of already delivered
\nsharing the work.
\nArticle 13: Liability
\n13.1. In the event of an attributable shortcoming, the contractor is still required to comply with its contractual obligations, with due observance of article 14.
\n13.2. The contractor's obligation to reimburse
\ndamage on any basis is limited to that
\ndamage against which the contractor by virtue of a by or
\ninsurance taken out for him is insured. The
\nHowever, the scope of this obligation is never greater than it
\namount covered by this insurance in the case concerned
\nis paid out.
\n13.3. As a contractor for any reason no profession
\nto paragraph 2 of this article, the obligation to compensate for damage is limited to a maximum of 15% of the total
\ncontract sum (excluding VAT). If the agreement consists of
\nparts or partial deliveries, this obligation is limited to
\na maximum of 15% (excluding VAT) of the contract sum for that
\npart or that partial delivery. In the case of continuing performance contracts, the obligation to compensate for damage is limited
\nup to a maximum of 15% (excluding VAT) of the contract sum due over the last twelve months prior to
\nthe event that caused the damage.
\n13.4. Not eligible for reimbursement:
\na. consequential damage. Consequential damage includes
\nmeans stagnation damage, loss of production, lost
\nprofits, fines, transport costs and travel and accommodation costs;
\nb. visible damage. Under supervision damage is among other things
\nmeans damage caused by or during the implementation of the
\nwork is done on things being worked on
\nor to things that are in the vicinity of the
\nplace where work is being done;
\nc. damage caused by intent or deliberate recklessness
\nof assistants or non-managerial subordinates
\nof contractor.
\nThe client can, if possible, oppose these damages
\nto ensure.
\n13.5. The contractor is not obliged to compensate damage to material supplied by or on behalf of the client
\nas a result of improper processing.
\n13.6. The client indemnifies the contractor against all claims from third parties due to product liability as a result
\nof a defect in a product specified by the client
\na third party has been delivered and of which the contractor
\nsupplied products or materials.
\nClient is obliged all for contractor in this
\ndamage suffered including the (full) costs
\nof the defense.
\nArticle 14: Warranty and other claims
\n14.1. Unless otherwise agreed in writing, the contractor guarantees a period of six months after delivery
\nfor the proper execution of the agreed performance,
\nas detailed in the following paragraphs.
\n14.2. If parties have agreed deviating warranty conditions, the provisions of this article will not be affected
\napply, unless this is contrary to those deviating warranty conditions.
\n14.3. If the agreed performance is not properly performed, the contractor will make a choice within a reasonable period of time
\nwhether he still performs this properly or the client
\ncredits for a proportional part of the contract sum.
\n14.4. Chooses contractor for proper performance
\nof the performance, he himself determines the manner and time of
\nperformance. The client must in all cases offer the contractor the opportunity to do so. If the agreed performance consisted (in part) of the processing of material supplied by the client, the client serves
\nto supply new material at their own expense and risk.
\n14.5. Parts or materials used by the contractor
\nrepaired or replaced must be provided to him by the client
\nbe sent.
\n14.6. For the account of the client:
\nall transport or shipping costs;
\nb. costs for dismantling and assembly;
\nc. travel and accommodation costs and travel hours.
\n14.7. The contractor is only obliged to implement the
\nguarantee if the client has all his obligations
\nmet.
\n14.8. a. Warranty is excluded for defects that result
\nfrom:
\n& #8211; normal wear and tear;
\n& #8211; improper use;
\n& #8211; not or incorrectly performed maintenance;
\n& #8211; installation, assembly, modification or repair by the client or by third parties;
\n& #8211; defects in or unsuitability of goods originating from,
\nor prescribed by the client;
\n& #8211; defects in or unsuitability of the client
\nmaterials or tools used.
\nb. No guarantee is given on:
\n& #8211; delivered goods that were not new at the time of
\ndelivery;
\n& #8211; inspecting and repairing goods of the client;
\n& #8211; parts for which a factory warranty has been granted.
\n14.9. The provisions of paragraphs 3 to 8 of this article apply mutatis mutandis to any claims from the client on the grounds of non-performance, non-conformity or
\nany other basis.
\nArticle 15: Duty to complain
\n15.1. The client can no longer rely on a defect in the performance if he fails to do so within fourteen days
\nafter he has discovered the defect or should reasonably have discovered it, has complained to the contractor in writing.
\n15.2. Client must complain about the invoice, on pain of
\nlapse of all rights, in writing within the payment period
\nhave submitted to the contractor. As the payment term
\nis longer than thirty days, the client must have submitted a written complaint within thirty days after the invoice date.
\nArticle 16: Goods not purchased
\n16.1. Client is obliged after the delivery time or execution period the item or items that are or are the subject of
\nactually complete the agreement at the agreed place
\ntake.
\n16.2. Client must provide all cooperation free of charge
\nto enable the contractor to deliver.
\n16.3. Items that have not been purchased are for the account and risk of
\nclient saved.
\n16.4. In the event of violation of the provisions of paragraph 1 or 2 of this article, the client will be in default after the contractor
\nhas imposed a fine on the contractor for each violation
\ndue of \u20ac 250 per day with a maximum of
\n\u20ac 25,000. This fine can be used in addition to compensation
\nrequired by law.
\nArticle 17: Payment
\n17.1. Payment is made at the contractor's place of business or at a location designated by the contractor
\nbill.
\n17.2. Unless otherwise agreed, payment will be made within
\n30 days after the invoice date.
\n17.3. If the client does not meet his payment obligation, he is
\nobliged to, instead of paying the agreed
\nsum of money, to comply with a request from the contractor to
\npayment arrangement.
\n17.4. The right of the client to settle his claims against the contractor or to fulfill his obligations
\nto suspend obligations is excluded unless there is
\nis a moratorium of payment or bankruptcy of the contractor or the legal debt restructuring on the contractor of
\nis applicable.
\n17.5. Regardless of whether the contractor has fully executed the agreed performance, everything is out for the client
\nis or will be due to him under the agreement
\nare immediately claimable if:
\na. a payment term has been exceeded;
\nb. client does not meet his obligations from article 16;
\nc. the bankruptcy or suspension of payment of the client has been requested;
\nd. seizure of goods or claims of the client
\nlaid;
\ne. client (company) is dissolved or liquidated;
\nf. client (natural person) makes the request to
\nare admitted to legal debt restructuring, under
\nis placed under guardianship or has died.
\n17.6. Client is in the event of a delay in the payment
\nof a sum of money interest on that sum of money to the contractor
\ndue from the day following the day that
\nhas been agreed as the last day of payment up to and including
\nthe day on which the client has paid the sum of money. If
\nparties have not agreed a final payment date
\nthe interest is due from 30 days after due and payable.
\nThe interest is 12% per year, but is equal to the statutory interest if it is higher. In the interest calculation, a
\npart of the month as a full month. Every time
\nat the end of a year, the amount on which the interest is paid
\nis calculated plus the interest due for that year.
\n17.7. Contractor is authorized to set off its debts to client with claims from to contractor
\naffiliated companies by client. In addition,
\nthe contractor is authorized to claim against the client
\nto be set off against debts owed to the client by companies affiliated with the contractor. Further is
\ncontractor is authorized to pay his debts to client
\nsettle with claims on client affiliated
\ncompanies. Affiliated companies means: all companies that belong to the same group
\nthe meaning of Article 2: 24b of the Dutch Civil Code and a participation within the meaning of
\narticle 2: 24c BW.
\n17.8. If payment has not been made on time, the client shall pay all extrajudicial costs to the contractor
\ndue with a minimum of \u20ac 75.
\nThese costs are calculated based on the following
\ntable (principal sum incl. interest):
\nfor the first \u20ac 3,000 15%
\non the excess up to \u20ac 6,000 10%
\non the excess up to \u20ac 15,000 8%
\non the excess up to \u20ac 60,000 5%
\non the excess from \u20ac 60,000 3%
\nThe actually incurred extrajudicial costs are due if they are higher than follows from the above calculation.
\n17.9. As a contractor in legal proceedings wholly or
\nis largely in favor, all costs are incurred
\nhe has made for the account of the client in connection with this procedure.
\nArticle 18: Security
\n18.1. Regardless of the agreed payment conditions, the client is obliged at the first request of the contractor,
\nto provide, in his opinion, sufficient security for payment. If the client does not comply with this within the specified period, he will immediately be in default. Contractor
\nin that case has the right to terminate the agreement and
\nto recover its damage from the client.
\n18.2. The contractor remains the owner of the delivered goods for as long as
\nclient:
\na. has not complied with its obligations under any agreement with the contractor;
\nb. claims arising from non-compliance with
\naforementioned agreements, such as damage, penalties,
\ninterest and costs.
\n18.3. As long as there is a retention of title on delivered goods
\nclient, may not encumber or dispose of these outside his normal business operations. This clause has
\nproperty law effect.
\n18.4. After the contractor has invoked his retention of title, he may reclaim the delivered goods. Client will fully cooperate in this regard.
\n18.5. As a client, after the goods have been delivered to him by the contractor in accordance with the agreement
\nhas fulfilled its obligations, the retention of title with regard to these matters is revived if the client does not fulfill its obligations under a later concluded agreement.
\n18.6. Contractor has on all matters that he has from client
\nfor whatever reason has or will receive and for
\nall claims that he has or may have on the client are pledged and a right of retention.
\nArticle 19: Intellectual Property Rights
\n19.1. Contractor is designated as respectively maker,
\ndesigner or inventor of works, models or inventions created under the agreement.
\nThe Contractor therefore has the exclusive right to apply for a patent, brand or model.
\n19.2. The contractor contributes to the implementation of the agreement
\nno intellectual property rights to the client.
\n19.3. If the performance to be delivered by the contractor is (also)
\nconsists of the delivery of computer software
\nthe source code is not transferred to the client. Client only obtains for the normal
\nuse and proper functioning of the business a non-exclusive, worldwide and perpetual user license
\nthe computer software. The client is not permitted to transfer the license or for a sublicense
\nto deliver. Upon sale of the item by the client
\na third party, the license is automatically transferred to the transferee of the case.
\n19.4. The contractor is not liable for damage suffered by the client as a result of an infringement of intellectual property
\nproperty rights of third parties. The client indemnifies the contractor against any third-party claim with regard to this
\nto an infringement of intellectual property rights.
\nArticle 20: Transfer of rights or obligations
\nClient may have rights or obligations under
\nnot transfer or pledge any article from these general terms and conditions or the underlying agreement (s),
\nsubject to the prior written consent of the contractor. This clause has property law effect.
\nArticle 21: Cancellation or cancellation of the agreement
\n21.1. The client is not authorized to cancel or cancel the agreement, unless the contractor agrees.
\nWith the consent of the contractor, the client owes the contractor an immediately claimable compensation
\nat the agreed price, minus the savings that result from the termination for the contractor.
\nThe reimbursement amounts to a minimum of 20% of the agreed price.
\n21.2. When the price depends on the actual price
\ncosts to be incurred by the contractor (management basis), the reimbursement as referred to in the first paragraph of this article is estimated at
\nthe sum of the costs, working hours and profit that the contractor is expected to have over the entire assignment
\nmade.
\nArticle 22: Applicable law and competent court
\n22.1. Dutch law applies.
\n22.2. The Vienna Sales Convention (CISG) does not apply,
\nnor any other international arrangement of which
\nexclusion is allowed.
\n22.3. The Dutch civil court that has jurisdiction in the
\nContractor's location takes cognizance of disputes. The contractor may take advantage of this jurisdiction rule
\ndeviate and apply the legal rules of jurisdiction.<\/p>\n<\/div>\n\t\t<\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

Algemene voorwaarden uitgegeven door Koninklijke Metaalunie (ondernemersorganisatie voor het midden- en kleinbedrijf in de metaal) aangeduid als METAALUNIEVOORWAARDEN, gedeponeerd ter griffie van de rechtbank Rotterdam op 1 januari 2019. Uitgave van Koninklijke Metaalunie, Postbus 2600, 3430 GA Nieuwegein. \u00a9 Koninklijke Metaalunie Artikel 1: Toepasselijkheid 1.1. Deze voorwaarden zijn van toepassing op alle aanbiedingen die een Metaalunielid doet, op alle overeenkomsten Continue reading<\/a><\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":10,"comment_status":"open","ping_status":"closed","template":"page-fullwidth.php","meta":{"footnotes":""},"class_list":["post-169","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/pages\/169","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/comments?post=169"}],"version-history":[{"count":4,"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/pages\/169\/revisions"}],"predecessor-version":[{"id":2457,"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/pages\/169\/revisions\/2457"}],"wp:attachment":[{"href":"https:\/\/www.harponv.com\/en\/wp-json\/wp\/v2\/media?parent=169"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}