Article 1 Scope:
These general delivery conditions apply to assignments and to all offers and agreements in which Artvizual is a party, unless expressly agreed otherwise in writing.
All offers are non-binding. Any purchasing or other conditions of the client do not apply, unless expressly accepted in writing by Artvizual.
Article 2 Conclusion of the agreement:
Agreements and further agreements, not concluded in writing, are only binding after written confirmation by Artvizual. The obligations of Artvizual never extend beyond what has been confirmed in writing by Artvizual.
Article 3 Quotation and conclusion of the agreement:
All written offers from Artvizual are non-binding and valid for 28 days from the date, unless the offer expressly indicates otherwise in writing. If the client does not accept the offer within the specified period, the offer expires unless an extension is agreed in writing. After the expiration of the offer, Artvizual is entitled to modify the offer.
The offer is based on the information provided by the client, and Artvizual may rely on the accuracy and completeness of this information. An agreement is only concluded if the client and Artvizual have both signed the acceptance of the offer or the order confirmation in writing.
Article 4 Cooperation by the client:
The client will provide Artvizual with all useful and necessary data or information for the proper execution of the agreement in a timely manner and will cooperate in every way.
The client is responsible for the accuracy, completeness, and reliability of the information provided to Artvizual, even if it comes from third parties.
If the execution of the agreement is delayed because the client does not fulfill the mentioned obligation or the information provided by the client does not meet the requirements, the resulting additional costs are borne by the client, and Artvizual is authorized to charge the necessary additional work.
Article 5 Execution:
Artvizual undertakes an obligation of effort in the execution of the agreement and will carry out this agreement to the best of its knowledge and ability in accordance with the requirements of good craftsmanship.
During the execution of the agreement, Artvizual will take into account the reasonable wishes of the client, provided that, in the opinion of Artvizual, this is conducive to the proper execution of the agreement.
If and to the extent that a proper execution of the agreement requires it, Artvizual has the right to have certain activities carried out by third parties.
Article 6 Changes and additional work:
Parties may agree during the interim that the approach and scope of the agreement and/or the resulting activities will be expanded or changed. Additional work will only be carried out by Artvizual if a written agreement has been signed by both parties. The client accepts that changes in the activities as referred to in article 6 may influence the agreed or expected completion date of the agreement. If, in the opinion of Artvizual, a change in the execution of the agreement is necessary to comply with the obligations towards the client, Artvizual is authorized to make that change, reasonably and fairly.
Article 7 Fee:
Parties can agree on an hourly rate, travel and accommodation costs, or a fixed fee when the agreement is concluded.
Article 8 Price and payment:
Payment by the client must be made in cash or by debit card during work. Payment terms of 14 days after the invoice date only by mutual agreement and/or for 1st installment invoices without discount or set-off by transfer to a bank account designated by Artvizual.
The client must pay 10% of the agreed fee in advance, unless otherwise agreed in writing by the parties. Reservation of the installation date becomes final after payment of the 1st installment.
If the client does not pay the amounts due within the agreed period, he is in default without notice. Artvizual is authorized to assign the claim for collection, in which case the client, in addition to the then due total amount, will also be obliged to pay compensation for extrajudicial collection costs, the amount of which is determined at 15% of the total amount due, and any judicial costs.
If the client objects to an invoice from Artvizual, the client must notify this within 14 days of the invoice date. The client has until 14 days after the invoice date to substantiate this objection in writing. If the client has not complied with the above, the client is deemed to have accepted the invoice.
All prices are exclusive of VAT and other government-imposed levies.
Article 9 Deadlines:
Exceeding an agreed delivery period does not entitle the client to cancel the agreement or refuse the acceptance or payment of services, unless he has given Artvizual a reasonable period for delivery in writing and Artvizual has not fulfilled its obligations within this period.
Article 10 (Force Majeure):
In case of force majeure, the delivery and other obligations of Artvizual will be suspended. In that case, Artvizual is obliged to deliver as soon as reasonably possible. Force majeure is also considered unforeseen circumstances with regard to persons and/or materials used or to be used by Artvizual in the execution of the agreement, which are of such a nature that the execution of the agreement becomes impossible, or so burdensome and/or disproportionately costly that prompt compliance with the agreement cannot reasonably be expected from Artvizual.
Article 11 Liability:
Except to the extent impossible under Dutch law, any liability of Artvizual is limited to the amount paid out by its liability insurance in the relevant case. If, for any reason whatsoever, no payment is made by that insurance, any liability is limited to the direct damage up to a maximum of the total amount of the declared fee up to the moment of the error.
The total liability of Artvizual for attributable failure to fulfill the agreement is limited to compensation for direct damage up to a maximum of the total amount of the declared fee up to the moment of the error.
In assignments with a duration longer than 1 year, the compensation is limited to a maximum of 1 time the annual fee.
The liability of Artvizual for attributable failure to fulfill the agreement only arises if the client promptly and properly notifies Artvizual in writing of the default, providing a reasonable period for remedying the default, and Artvizual still fails to fulfill its obligations after that period.
Artvizual is not liable for damage caused by the client's failure to provide timely and accurate information that Artvizual, in its opinion, needs for the correct execution of the agreement.
Outside the liability mentioned in article 11, Artvizual has no liability for damages against the client and/or third parties, regardless of the grounds on which an action would be based.
A claim expires in any case if Artvizual has not been notified in writing of a event or circumstance that gives rise to liability within one year after the discovery of an event or circumstance.
Article 12 Cancellation of the order:
Artvizual reserves the right to cancel agreements in whole or in part in the event of such a change in law, regulations, case law, or (semi-)government policy that compliance can no longer be reasonably expected of Artvizual. In such cases, Artvizual must inform the client of the cancellation in writing. In such cases, the client is not entitled to claim damages.
Article 13 Termination:
Interim termination of an agreement is only possible if the parties have expressly agreed to this in writing or under payment of the amount due until the original end of the agreement, unless the parties have agreed otherwise in writing.
Article 14 Disputes:
All disputes between Artvizual and the client arising from this Agreement or agreements and deeds resulting therefrom will initially be settled through judicial procedures before the competent court in Amsterdam.
All judicial and extrajudicial costs reasonably incurred, which are the result of non-compliance by the client with obligations arising from the agreement, are at the expense of the client.
Article 15 Guarantee:
Artvizual guarantees that any defects in the work that become apparent within 12 months of completion will be rectified free of charge.
Artvizual also guarantees during a period of 2 years after completion during office hours that the specifications regarding capacity and temperatures, as stated in the offer, will be met.
The guarantee as described in article 14 expires if:
Defects in the installation are not reported to Artvizual in writing within a reasonable time after they were discovered or could reasonably have been discovered.
Defects are caused by errors, improper use, or negligence of the client who gave the order, his successor in title, or by external causes.
The defect is not a result of the work.
During the guarantee period, no periodic maintenance is carried out on equipment that requires maintenance.
The guarantee scheme as described does not apply to unclogging a drain.
The client has not met his payment obligations.
Article 16 Final provision:
Artvizual is authorized to change these general terms and conditions. The latest deposited version of the general terms and conditions always applies.
In the event that one or more provisions of these general terms and conditions appear to be null and void or are annulled, these general terms and conditions will remain in force for the rest. A valid provision will then take the place of the null and void or annulled provision, which provision will as far as possible approach the content, tenor, and purpose of the null and void or annulled provision.
The client is not entitled to transfer his rights and obligations under the agreement without the prior written consent of Artvizual.