Terms and Conditions
Terms and Conditions – advanced-pt
These are the terms and conditions of advanced-pt.nl ( advanced-pt ). advanced-pt is registered with the Chamber of Commerce (Kamer van Koophandel) under number: 81791844.
If you have any questions, you can contact us via mingels@advanced-pt.nl.
advanced-pt reserves the right to change these terms and conditions. You agree that the most recent version of these terms and conditions apply. Parties may deviate from these Terms and Conditions in writing.
Article 1 – General
These terms and conditions apply to every offer, proposal and assignment between advanced-pt and you. On request, advanced-pt shall send these terms and conditions to you, free of charge. They are also available on www.advanced-pt.com.
Article 2 – Establishment of the Assignment
The assignment shall be deemed established when Client consents with the service.
Article 3 – Proposals and Offers
1. All offers and proposals from advanced-pt are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified therein (and not for possible future assignments).
2. If the Client provides advanced-pt with certain information, advanced-pt may assume that the provided information is correct and will base the proposal on that information.
Article 4 – Pricing
1. advanced-pt can raise the price in the interim in the case of unforeseen and cost price increasing circumstances, if these circumstances occur after the establishment of the assignment.
2. An offered price does not include expenses for advanced-pt.
Article 5 – Payment and Collection Charges
1. Client must pay within fourteen days after the invoice date.
2. If the payment by Client is due, he will automatically be in default ( verzuim ), without a notice of default ( ingebrekestelling ) being required. In case of default, Client owes advanced-pt the statutory commercial interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by Client in full.
3. Any outstanding amounts by the Client are immediately payable in the following cases:
1. Client fails to pay within the payment term;
2. Client is bankrupt or applied for a suspension of payment or any other insolvency procedure;
3. Client (company) is dissolved or liquidated;
4. Client (private individual) is placed under guardianship or deceased.
Article 6 – Duration
Client and advanced-pt enter into the contract for an indefinite period of time, unless Parties agree otherwise.
Article 7 – Execution of the Assignment
1. advanced-pt shall execute the assignment at the best of its knowledge and abilities and according to the requirements of professional practice.
2. Client shall timely provide advanced-pt with all information or material, required for the execution of the assignment.
3. If Client does not provide the material or information in time, advanced-pt may suspend the execution of the assignment and charge the additional costs, coming from the delay. advanced-pt is not liable for any damages, resulting from incorrect or incomplete information, provided by Client.
Article 8 – Changes of the Assignment
1. If it proves to be necessary to change the assignment during the activities in order to guarantee a decent execution of the assignment, parties shall negotiate the required changes and agree on them in writing.
2. If parties agree on altering the assignment, advanced-pt may raise or lower the price. If possible, advanced-pt shall provide a quotation to Client in advance. The execution time may change with a change of the assignment. Client agrees on the possibility to change the assignment, the pricing and the execution time.
3. advanced-pt may refuse a request, made by Client, to change the assignment if changing the assignment could affect the quality or quantity of the activities.
Article 9 – Suspension, Dissolution
1. advanced-pt may temporarily suspend the execution of the activities if he cannot comply because of force majeure .
2. If the execution of the assignment is permanently impossible parties may cancel the assignment for the part that has not been fulfilled.
3. advanced-pt may suspend or cancel the assignment if Client fails to meet its obligations, partially, completely or in time. In such cases, Client shall compensate advanced-pt for damages.
Article 10 – Termination in the Interim
1. If advanced-pt cancels the assignment in the interim, advanced-pt shall ensure a handover of the work yet to be performed to a third party, unless the termination is imputable to Client. If the handover of the activities leads to additional costs for advanced-pt, these costs shall be borne by Client.
2. advanced-pt may immediately cancel the assignment (and is not liable for any damages doing so) in one of the following events:
1. Client fails to pay within the payment term;
2. Client is declared bankrupt or applied for suspension of payments, or applied or becomes subject to any other insolvency procedure;
3. Client (the company) is dissolved or liquidated;
4. The occurrence of circumstances in which Client can no longer freely dispose of his capital.
Article 11 – Guarantees
1. advanced-pt warrants that what he delivers shall comply with the usual requirements and standards that may be stipulated in this respect at the time of delivery.
2. This does not apply if a defect occurs to the goods delivered due to incorrectness of Client.
3. This guarantee also does not apply if the defect is being caused by circumstances beyond advanced-pt’s control.
Article 12 – Complaints
1. Client shall notify advanced-pt in writing of any complaints within one month days after detection (or –on invisible shortcomings– after he could have detected it).
2. A timely notified complaint does not suspend or cancel any payment obligation from the Client.
3. If Client does not notify advanced-pt timely, Client is not entitled to any recovery, replacement or compensation.
4. If it is established that the complaint is justified and the notification by Client thereon was timely delivered, advanced-pt shall recover, replace or compensate it’s work within a reasonable term after notification of the shortcoming, in writing from the Client.
5. If it is established that a complaint is not justified, Client shall compensate advanced-pt for made expenses (like research costs).
Article 13 – Limitation Period
The limitation period on all claims and defences against advanced-pt is one year.
Article 14 – Indemnification
1. Client indemnifies advanced-pt from any claims by third parties, who suffer damages, resulting from the execution of the assignment but cannot be attributed to advanced-pt.
2. If third parties address advanced-pt to be liable for damages resulting from the execution of the assignment, Client shall support advanced-pt both judicial and extrajudicial and Client shall do what may be expected from him.
3. If Client does not provide the support described in paragraph 2, advanced-pt may take the actions it deems required. All expenses and damages made by advanced-pt in this respect shall be borne by Client.
Article 15 – Non-Disclosure
1. advanced-pt shall not disclose any of Client’s information to third parties, unless advanced-pt is required by a statutory or professional obligation to disclose the information.
2. advanced-pt shall not use any information, obtained from Client, in a different manner than originally intended, except that the information may be used in a legal procedure that involves advanced-pt and the information can be of importance.
3. Client shall not disclose the contents of agreements, confirmations, offers, reports, advices or other expressions from advanced-pt, whether they are in writing or not.
Article 16 – Nullity
If any part of these conditions is void or voidable, this does not alter the validity of the remainder of these conditions. The invalid or unenforceable part shall be replaced by a provision that most closely follows the content of the invalid provision.
Article 17 – Conflicting Provisions
If any of the provisions from these terms and conditions are in conflict with a provision from an agreement, the agreement prevails.
Article 18 – Applicable Law
Dutch law.
Article 19 – Competent Court
The Court of Midden-Nederland.