Legal
General Terms and Conditions.
These general terms and conditions apply to every engagement awarded to IWD Taxaties en Inspecties B.V.
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
a. IWD: IWD Taxaties en Inspecties B.V., trading through the IWD Group website, registered with the Chamber of Commerce under number 77833686.
b. Client: the natural person or legal entity that enters into an agreement with IWD.
c. Agreement: the agreement between the Client and IWD.
Article 2. General provisions
- These general terms and conditions apply to every engagement awarded to IWD, including every subsequent, amended or additional engagement.
- Any deviation from these general terms and conditions is valid only when agreed in writing or electronically.
- Any general or other terms and conditions of the Client are excluded, unless their applicability has been expressly agreed in advance.
Article 3. Engagements
- All engagements are deemed to have been awarded to and accepted exclusively by IWD, even where it is expressly or implicitly intended that an engagement will be performed by a specific person.
- The applicability of Article 7:404 of the Dutch Civil Code, concerning performance by a specific person, and Article 7:407 paragraph 2 of the Dutch Civil Code, concerning joint and several liability where an engagement is awarded to two or more persons, is expressly excluded.
- Following consultation between the Client and IWD, an engagement may be performed by a designated representative or specialist of IWD.
- Engagements may include, among other activities:
- advisory services;
- risk inspections and other inspections;
- preventive advice;
- appraisals;
- valuations.
- Reports may only be used for the purpose for which the relevant engagement was awarded. IWD accepts no liability for reports that are used for another purpose.
- The Client must provide all information and relevant documents necessary for the proper performance of the engagement.
- The Client is responsible for ensuring that the provision of information and documents complies with applicable legislation and codes of conduct concerning personal data. The Client must compensate IWD for damage resulting from a failure to meet this responsibility.
- IWD may terminate an engagement before completion when it considers this necessary. Where reasonably possible, IWD will consult the Client beforehand.
- If the Client terminates an engagement before completion, IWD may charge the costs and fees incurred up to the moment of termination.
Article 4. Liability
- If an act or omission in connection with the performance of an engagement results in liability, the liability of IWD is limited to the amount payable under the professional liability insurance taken out by IWD, increased by the applicable policy excess.
- If damage to persons or property occurs in connection with the performance of an engagement and IWD is liable for that damage, its liability is limited to the amount payable under the general business liability insurance taken out by IWD.
- If, for any reason, no payment is made under the insurance policies referred to above, the liability of IWD is limited to three times the professional fee charged by IWD for the relevant engagement, up to a maximum of €10,000.
- Any right to make a claim against IWD expires one year after the moment at which the relevant party became aware, or could reasonably have become aware, of the existence of that right.
Article 5. Prices, invoicing and payment
- Prices stated by IWD are in euros and exclude VAT.
- IWD will charge VAT on its services where required.
- Mileage incurred by IWD is included in the agreed price. Any additional travel and accommodation expenses are not included and may be charged separately.
- IWD is responsible for the payment of any social security contributions and taxes for which it is liable.
- Invoices must be paid by the Client within 14 days of the invoice date.
- If the Client remains in default after receiving a payment reminder, all judicial and extrajudicial collection costs are payable by the Client.
- From that moment, the Client also owes the applicable statutory interest.
Article 6. Applicable law and disputes
- The version of these general terms and conditions in force at the time the Agreement is concluded applies, unless the Client subsequently accepts a revised version.
- The parties will only refer a dispute to the court after they have made reasonable efforts to resolve the dispute through consultation.
- The competent court in ’s-Hertogenbosch has jurisdiction to hear disputes at first instance.
- The legal relationship between the Client and IWD is governed exclusively by Dutch law.
Article 7. Validity
- These general terms and conditions apply to all engagements awarded to IWD.
- If one or more provisions of these general terms and conditions are invalid or unenforceable, the remaining provisions will continue to apply.
- The invalid or unenforceable provision will, where possible, be replaced by a valid provision that reflects the purpose and intent of the original provision as closely as possible.
Contact
Questions about these general terms and conditions can be sent to: contact@iwd-group.eu