Terms and Conditions

Version 2022

These general terms and conditions apply to all agreements between clients on the one hand and Branddoctors BV (contractor) on the other. These terms and conditions set out a number of agreements that apply in the relationship between the client and the contractor, unless the parties have expressly agreed other (work) arrangements in writing.

Which agreements do we agree?

1) The Contractor will exercise the care of a good contractor when carrying out the assignments given to it by the Client. All obligations that the contractor has assumed in that context are considered best efforts obligations. Unless it is expressly stated in writing that delivery or delivery times are fatal, these are target times.

2) The Client guarantees that the information provided by it is correct and that it can be used without restrictions by the Contractor in the context of the execution of the assignment given to the Contractor. This means, among other things, that the contractor may assume that by providing the information in question, the client does not violate a duty of confidentiality vis-à-vis third parties and that no intellectual property rights of third parties are infringed by the contractor's use foreseen in the context of the assignment. .

3) All assignments are deemed to have been given exclusively to (the organization of) the contractor, even if it is the explicit or tacit intention that an assignment will be performed by a specific person.

The effect of art. 7:404 of the Dutch Civil Code, which contains a regulation for the latter case, and the effect of art. 7:407 paragraph 2 of the Dutch Civil Code, which establishes joint and several liability for cases in which an assignment has been given to two or more persons, are excluded.

4.1) The liability of the contractor for damage suffered by the client that is the result of an attributable shortcoming on the part of the contractor or an unlawful act committed by the contractor in the context of the execution of an order is limited to the immediate situation and, moreover, to the agreed contract value or, in the case of work that is performed under the direction of the director, the fee already charged in the relevant calendar year with regard to the assignment in the context of the performance of which the liability arose (excluding VAT), in both cases, however, with a maximum of €50.000. This limitation of liability does not apply if the damage is the result of intentional or consciously reckless acts on the part of the contractor or managerial subordinates of the contractor.

4.2) If the contractor fails to fulfill its obligations under an agreement concluded with the client and otherwise the legal conditions for this have been met, the client has the right to dissolve the agreement. Where appropriate, the creation of cancellation obligations is excluded.

5) All invoices sent by the contractor become due and payable 30 calendar days after the date of the invoice. Payment must be made without suspension or set-off.

6) Unless expressly agreed otherwise in writing between the parties, the contractor has the right to make known in publicity statements and/or for acquisitive purposes that it has performed or has performed assignments for the client. Naturally, no announcements will be made about the content, nature or purport of that assignment.

7) Dutch law applies to all agreements between the client and the contractor. All disputes that may arise between them arising from or in any way related to an agreement concluded between them and any agreements arising therefrom will be submitted exclusively to the District Court of Central Netherlands, location Utrecht.