Article 1 Definitions
In these General Terms and Conditions, the following expressions have the meanings stated:
1.1 General Terms and Conditions: the present general Terms and Conditions of Van Laar Trumpets.
1.2 Consumer: the natural person who is not acting for purposes connected to his commercial, business, craft or professional activities.
1.3 Van Laar Trumpets: the commercial partnership Van Laar Trumpets, having its registered office in (6269 AE) Margraten, in Termaar 5.
1.4 Client: The (legal) person (including but not limited to the Consumer, where applicable) who enters into a Contract with Van Laar Trumpets or has the intention to do so.
1.5 Offer: each offer or quotation (including annexes, documentation and pictures etc.) from Van Laar Trumpets to the Client.
1.6 Contract: each Contract signed between Client and Van Laar Trumpets, including but not limited to the Distance Contract.
1.7 Distance Contract: the Contract that is signed between Van Laar Trumpets and the Client in connection with an organized system for the distance selling of products and/or services, whereby until and after this Contract is entered into use is made exclusively or in part from one or more techniques for distance communication, including but not limited to the Contract that is entered into via the webshop on, amongst other things, the website www.vanlaartrumpets.nl.
1.8 Parties: The Client and Van Laar Trumpets together.
1.9 Products: all goods and items that are the subject of a Contract.
1.10 In Writing: each communication by mail, by e-mail, by fax or any other manner of communication that it may be equated with having regard to the prior art and generally accepted practice/standards.
Article 2 Identity and details of Van Laar Trumpets
2.1 Van Laar Trumpets is listed in the Commercial Register of the Chamber of Commerce under number 14627951.
2.2 Van Laar Trumpets has its registered office in 6269 AE Margraten in Termaar 5 and can be contacted by telephone from Wednesday to Friday between 10 a.m. and 16:30 p.m. on +31434582841, and can also be contacted via the general email address firstname.lastname@example.org.
Article 3 Applicability of the General Terms and Conditions
3.1 The General Terms and Conditions apply to all Offers, sales, deliveries and activities and also form an integral part of all Contracts and all further Contracts and activities to be carried out and/or Products to be supplied by Van Laar Trumpets. The Client with whom a Contract is signed agrees to the applicability of these General Terms and Conditions to subsequent Offers, sales, deliveries, commissions, activities and Contracts.
3.2 Any changes to the Contract and deviations from the General Terms and Conditions will only be effective where they are agreed between the Parties and must be put down In Writing in a document signed by both Parties or by their legally authorized representative.
3.3 Van Laar Trumpets reserves the right to change the General Terms and Conditions at any given moment. The altered General Terms and Conditions will be applicable from the moment that Van Laar Trumpets has informed the Client of the amendment, with the proviso that in respect of Offers that have already been submitted the General Terms and Conditions that were effective on the day the Offers were submitted continue to apply.
3.4 In the event that any provision in these General Terms and Conditions is considered void, is voided or otherwise declared not to have a binding effect by a competent court, the remaining provisions of these General Terms and Conditions will remain unimpaired and continue in full force. The Parties will then hold consultations in order to replace void or voided provisions or provisions that otherwise have no binding effect whereby the purpose and purport of the original provision will be observed if and as far as possible.
3.5 The General Terms and Conditions have been drawn up in Dutch and in English. In the event of differences in interpretation, the Dutch text will be binding.
Article 4 Offers
4.1 All Offers from Van Laar Trumpets are subject to contract, unless this has been otherwise expressly agreed In Writing.
4.2 Where any other communication from Van Laar Trumpets is or may be regarded as an Offer, it will be deemed to have been made subject to contract, except where this was otherwise agreed In Writing.
4.3 Van Laar Trumpets cannot be held to an Offer if the Client can reasonably understand that the Offer, or a part thereof, contains a manifest error or slip of the pen.
4.4 Even though Van Laar Trumpets will exercise due care when formulating their Offer, including price lists, brochures, and any other details that are or may be indicative of any (future) legal relationship between Van Laar Trumpets and the Client, the Client can never derive any legitimate expectations pertaining to the accuracy of the information included herein, unless otherwise expressly agreed In Writing. Pictures, drawings, photographs, specification of sizes, other specifications and descriptions by Van Laar Trumpets in catalogues, circulars, showroom calculations or Products offered in other ways are not binding and only seek to give a general impression of the product range that Van Laar Trumpets has to offer. Minor deviations of secondary importance are therefore admissible.
4.5 The Client guarantees the completeness and accuracy of the information provided by him or on his behalf to Van Laar Trumpets that Van Laar Trumpets is taking as a basis for their Offer.
4.6 A combined quotation in the Offer, if any, does not oblige Van Laar Trumpets to carry out part of the activities for a corresponding proportion of the quoted price. An offer does not automatically apply to future orders.
4.7 The Client’s acceptance of the Offer implies that the Client agrees to the applicability and contents of these General Terms and Conditions.
Article 5 Contract
5.1 The Contract enters into force and is only binding if Van Laar Trumpets has confirmed it In Writing or if Van Laar Trumpets executes this contract.
5.2 If in the acceptance any caveats or changes are made to the Offer, the Contract will only enter into force after Van Laar Trumpets has communicated In Writing that they agree with these caveats or changes.
5.3 Oral promises by and arrangements with Van Laar Trumpets employees are only binding on Van Laar Trumpets after and to the extent that they have been confirmed by Van Laar Trumpets In Writing.
5.4 In the event that during the execution of the Contract it appears that for its proper execution it is necessary to alter or complement it, then the Parties will proceed to amend the Contract timely and in mutual consultation. Any changes to the nature, scope or content of the Contract, at the Client’s request or on his instructions, may affect the original agreement. As a result, the amount that has been agreed previously may be raised or lowered. Van Laar Trumpets will provide a quotation of this as far as possible beforehand. The Client accepts the possibility of changes to the Contract, including but not limited to any change in price and any other conditions. Van Laar Trumpets has the right to charge costs for any changes the Client wishes to make to the contract after its formation.
5.5 In the event that a change or addition is made to the Contract, then Van Laar Trumpets has the right to implement this change or addition only after the authorized representative of the Client has given his consent and if the Client agrees to the quotation for the execution and any other conditions. A failure to perform the amended Contract, or to perform it forthwith, does not constitute a breach on the part of Van Laar Trumpets and does not constitute a ground for the Client to terminate or cancel the Contract.
5.6 Without this constituting a breach, Van Laar Trumpets may deny a request for an amendment to the Contract if this could impact the Products it intends to supply from a qualitative point of view. Van Laar Trumpets is not responsible for any direct and/or indirect consequences and/or loss arising from a denial as referred to above.
5.7 Each contract is entered into under the suspensive condition of sufficient availability of Products which are part of the Contract.
Article 6 Right of Withdrawal
6.1 The Consumer may terminate the Distance Contract in connection with the purchase of Products during a 14-day cooling-off period without stating reasons.
6.2 Van Laar Trumpets has excluded the following products from the right of withdrawal referred to in this article:
a. Products whose price is linked to fluctuations on the financial market that are out of Van Laar Trumpets’ control and which may occur during the withdrawal period;
b. Products that are manufactured according to the Consumer’s specifications, that are not prefabricated and that are manufactured on the basis of the Consumer’s individual choice or decision, or that are clearly intended for a particular person.
6.3 The cooling-off period referred to in paragraph 1 of this article takes effect:
a. on the day after the Consumer, or a third party designated by the Consumer beforehand, who is not the carrier, received the Product; or
b. where the Consumer ordered several products at once:
the day on which the Consumer, or a third party designated by him, received the last Product. If the period in between deliveries of different Products is fourteen (14) days or more, then Van Laar Trumpets may refuse the order of several Products with different delivery times. In this connection Van Laar Trumpets will contact the Consumer without delay.
6.4 During the cooling-off period the Consumer will treat the Product and the packaging with care. He will only unwrap or use the Product to the extent that is required to establish the nature, features and functioning of the Product. The starting point is that the consumer may only use and inspect the Product in a way that would be permitted in a store. The Consumer is only liable for decrease in the Product’s value that is the result of a manner of handling the Product that goes beyond the manner permitted under this article.
6.5 If the Consumer invokes his right of withdrawal, he must report this unambiguously to Van Laar Trumpets in the cooling-off period. As soon as possible, but within fourteen (14) days from the day following on the notification referred to in the previous sentence, the Consumer will return the Product in its original state and packaging, with all accessories, if any, in conformity with the instructions provided by Van Laar Trumpets, or hand the product over to Van Laar Trumpets at the visitor’s address stated in the General Terms and Conditions. The direct costs for sending back the Product are payable by the Consumer.
Article 7 Cancellation and return
7.1 Subject to the provisions related to the right of withdrawal referred to in the previous article of the General Terms and Conditions, cancellation of the Contract signed between the Parties is not possible, unless this has been expressly stated otherwise in writing by Van Laar Trumpets.
7.2 Subject to the provisions related to the right of withdrawal referred to in the previous article of the General Terms and Conditions it is not possible to return the Products to Van Laar Trumpets, unless this has been expressly stated otherwise by Van Laar Trumpets.
7.3 Returns (also including returns under the right of withdrawal referred to in the previous article) of Products that carry signs of use and as a result of which the Products are no longer in their original state and/or undamaged, including but not limited to signs of handsweat, scratches and dents, is not possible, even where Van Laar Trumpets expressly stated In Writing that it is possible to return the Product.
7.4 Costs for returning the Product are payable by the Client at all times.
Article 8 Prices
8.1 All prices are denominated in euros exclusive of VAT unless expressly stated otherwise In Writing. All prices and fees are exclusive of any costs incurred in connection with the Contract, including but not limited to the costs for customs formalities required for export and all duties, taxes, other levies that are payable for export, travel and subsistence expenses, shipping and administrative expenses, unless otherwise expressly agreed In Writing. These costs will be charged on to the Client.
8.2 Exclusively where the Client is a natural person who is not acting in a professional capacity or in the conduct of his business and where the delivery address is in the Netherlands are all prices and fees VAT-inclusive.
8.3 Prices, except where this is expressly stated otherwise, are based on the factory price and exchange rates applicable at the time the contract was signed.
8.4 Van Laar Trumpets has the right to raise the agreed price in case Van Laar Trumpets is compelled to do extra work, or compelled to incur extra costs, as in the event of:
– relevant amendments to (government) regulations or government decrees;
– relevant amendments to the Contract;
– additional work that proves to be necessary during the execution of the Contract;
– additional work because of facts and/or unfamiliarities at the formation of the Contract.
8.5 If the Parties have agreed on a (rough) target price for the work carried out by Van Laar Trumpets then Van Laar Trumpets may raise this price if they can prove that the expenses they incurred for the work are greater than they had estimated. Van Laar Trumpets ensures that they will notify the Client of this as soon as it is certain that the price will exceed the quoted target price given 10%.
8.6 In the event of an increase of one or more cost factors, following the day of sale but prior to the delivery date, Van Laar Trumpets has the right to raise the price that was offered and/or agreed accordingly, even if the raise is resulting from foreseeable circumstances. This is equally applicable if the Products have become more expensive as a result of currency rate movements. The sales prices that are valid on the delivery date are applicable.
8.7 In the event that the abovementioned price increases are disproportionate to the prices quoted at the time the Contract was signed, then each of the Parties is entitled to terminate the Contract. Where an increase as referred to in this article occurs within three months after the signing of the Contract, then the Client has the right to terminate (this part of) the Contract within a reasonable period against payment of a reasonable compensation for the direct expenses incurred by Van Laar Trumpets in connection with the Contract.
8.8 An available budget of which a Client has informed Van Laar Trumpets can never count as a (fixed) price that was agreed between the Parties for the work to be carried out by Van Laar Trumpets. Only where this has been agreed between the Parties In Writing is Van Laar Trumpets obliged to inform the Client of an imminent overrun of the cost estimate or budget submitted by Van Laar Trumpets.
8.9 Unless this is agreed otherwise by the Parties, discounts are deemed to be non-recurring and do not put Van Laar Trumpets under any obligation in respect of subsequent contracts.
Article 9 Delivery and delivery time
9.1 Van Laar Trumpets will exercise the greatest possible care when exporting and delivering Products.
9.2 Unless otherwise agreed In Writing, Products are delivered by Van Laar Trumpets Ex Works based on the most recent version of the International Commercial Terms (Incoterms®) at the time the Contract is signed. The date of delivery is the time when the Products leave the business premises of Van Laar Trumpets.
9.3 Where Carriage and insurance Paid To has been agreed, based on the most recent version of the International Commercial Terms (Incoterms®), the time of delivery is the time when the Products are handed over at the place of delivery that has been agreed between the Parties.
9.4 If the Products are delivered in consignments then each delivery will be considered as a separate transaction with all the legal consequences attached to it.
9.5 The Client is obliged to provide the necessary shipping instructions in time, in default of which he is liable for the damage and expenses arising from his omission.
9.6 Van Laar Trumpets will endeavour to comply with any delivery date provided. Any delivery dates provided by Van Laar Trumpets may, however, never be regarded as final deadlines, unless this has been otherwise expressly agreed In Writing. Where one or more delivery dates are exceeded, the Client, who is not a Consumer, will have no claim and/or right to any compensation for this. Where one or more delivery dates are exceeded, the Client, who is not a Consumer, will have the right to proceed to terminate the Contract, in whole or in part. Unless the deadline for delivery is exceeded to such an extent that the Client, who is not a Consumer, cannot reasonably be expected to leave the Contract, or the relevant part of the Contract, as is. In the event of a failure to meet the deadline for delivery, the Consumer will on the other hand have the right to terminate the Contract at no cost and with no right to any compensation.
9.7 Unless otherwise expressly agreed In Writing, any extra work to be carried out by Van Laar Trumpets may warrant, having regard to the circumstances of the case, a reasonable extension of the delivery time.
9.8 Where delivery on a call-off basis has been agreed, Van Laar Trumpets may, where there is no or no timely call, invoice the Client at their discretion and store the Products. For this, if the Client has not made an order in two months, a surcharge of 5% (in words, five per cent) of the value of the Products kept in storage at that moment that should already have been ordered will be charged.
9.9 If the delivery cannot be made at the agreed time of delivery for reasons within the Client’s control, the Client is obligated to compensate Van Laar Trumpets the ensuing reasonable costs incurred by Van Laar Trumpets, amongst other things in connection with the storage of the Products for delivery, as a result. The risk involved in connection with the storage of the Products by Van Laar Trumpets for the purpose of the Client will be borne by the Client from the moment of the originally intended delivery or completion.
Article 10 Execution of the work
10.1 Van Laar Trumpets is obliged to exercise the care that may reasonably be expected of them under the circumstances. Van Laar Trumpets will endeavour to execute the Contract to the best of their knowledge and ability and in accordance with high standards, by virtue of the current state of the art.
10.2 Van Laar Trumpets determines the way in which the work is carried out. Where possible, Van Laar Trumpets will take into consideration any instructions from the Client that have been timely provided and accounted for in respect of the execution of the work. The Parties acknowledge that the success of the work depends on a close cooperation.
10.3 Unless otherwise expressly agreed In Writing by the Parties, Van Laar Trumpets schedules their work independently and will use their own schedule, to wit that Van Laar Trumpets is free to set the dates on which the work will be done; when making and/or adjusting their time schedule, Van Laar Trumpets will, however, exercise reasonableness and fairness towards the Client and will consult with the Client as much as possible in this connection.
10.4 When carrying out the work, Van Laar Trumpets may engage one or more persons that are not directly or indirectly associated with Van Laar Trumpets, where this is desirable in the opinion of Van Laar Trumpets with a view to an execution of the work that is optimal for the Parties. Van Laar Trumpets is never responsible in the event such a person falls short.
10.5 The Client will ensure that Van Laar Trumpets is timely provided with all information that Van Laar Trumpets has indicated is necessary or in respect of which the Client may reasonably expected to understand that it is required for the execution of the work. If the information that is required for the execution of the work is not provided in time to Van Laar Trumpets, Van Laar Trumpets has the right to postpone the execution of the Contract and/or to charge any costs arising from the delay to the Client according to the usual fees. The execution term commences no sooner than after the Client has made the information available to Van Laar Trumpets. Van Laar Trumpets is not responsible for damage, of whatever nature, that results from the fact that Van Laar Trumpets relied on inaccurate and/or incomplete Client-provided information. The Client always guarantees the accuracy, completeness and consistency of the information, specifications and designs provided to Van Laar Trumpets, even when this information is originating from a third party. Any inaccuracies, omissions and inconsistencies are always at the Client’s risk and expense.
Article 11 Payment
11.1 Unless otherwise expressly agreed In Writing, payment by the Client must be made to Van Laar Trumpets within 30 (in words, thirty) days of the invoice date or the request for payment. This payment term is to be regarded as a final deadline.
11.2 Where Van Laar Trumpets has stipulated advance payments, the Client cannot exercise any right whatsoever in respect of the execution of the order concerned, the work to be carried out and/or delivery of the product to be made before the stipulated advance payment is made.
11.3 If there are good reasons to assume that the Client is failing or will fail to meet his obligations, or to meet them in time, the Client is obliged to furnish adequate security in the form requested by Van Laar Trumpets should Van Laar Trumpets so demand, and to provide additional security where necessary in order to fulfil all his obligations. As long as the Client fails to do so, Van Laar Trumpets is authorized to suspend execution of their obligations.
11.4 If the Consumer fails to pay within the stipulated period, after having been informed of the late payment by Van Laar Trumpets and after Van Laar Trumpets has given the Consumer a period of fourteen (14) days to meet his payment obligation, in case of non-payment within this 14-day period, he will be owing the statutory interest on the amount that is still due until the date on which payment is made in full. Van Laar Trumpets has the right to charge any extrajudicial collection charges it incurred to the Consumer. These collection charges amount to no more than: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40 (in words, forty Euros). Van Laar Trumpets may diverge from the above amounts and percentages in favour of the Consumer.
11.5 If the Client, who is not a Consumer, fails to pay within the above stipulated period or within the agreed period, he will be in default by operation of law and Van Laar Trumpets will have the right, without any further warning or notice of default, to charge the Client who is not a Consumer statutory (commercial) interest from the due date up to the date on which payment is made in full, without prejudice to any other rights Van Laar Trumpets may have. All legal and other (collection) costs reasonably incurred by Van Laar Trumpets resulting from the Client’s, who is not a Consumer, noncompliance with his payment obligations will be payable by the Client, who is not a Consumer. The extrajudicial costs are stipulated at 15% (fifteen per cent) of the collectible amount. Where Van Laar Trumpets shows that the extrajudicial costs incurred are in excess of 15% (fifteen per cent) of the collectible amount, the extrajudicial costs incurred are borne in full by the Client, who is not a Consumer.
11.6 Payments made by the Client will be applied to settle all statutory interest and costs owed and subsequently those invoice amounts which have been outstanding for the longest period, even though the Client has stated that the payment relates to an invoice from a later date.
11.7 Where Van Laar Trumpets has a claim against the Client, Van Laar Trumpets is authorized to suspend all work and further services for the Client and/or any other work for the Client until full payment from the Client is received.
Article 12 Retention of Title
12.1 Van Laar Trumpets retains title to all goods and items sold and supplied by Van Laar Trumpets until the time when the Client has fully complied with his payment obligations and other obligations towards Van Laar Trumpets under a Contract that was signed with Van Laar Trumpets to supply Products, including any claims in connection with noncompliance with such a Contract.
12.2 Van Laar Trumpets is authorized at all times to retain property owned by them, particularly where the Client fails to pay, or fails to pay in time, or is presumably, or will presumably be, unable or unwilling to pay. Van Laar Trumpets credits repossessed products against the value they reasonably attributed to it. Van Laar Trumpets is never obligated to pay any compensation.
12.3 The Client is obligated to store the Products that were supplied under retention of title with due care and as recognizable property of Van Laar Trumpets.
12.4 The Client is obligated to notify Van Laar Trumpets forthwith in the event that the Products that were supplied under retention of title have been seized or if third parties wish to create a right or lay claim to these Products.
12.5 Any costs and loss incurred by Van Laar Trumpets during the period that the ownership of the Products sold by Van Laar Trumpets has not yet passed are at the Client’s expense.
Article 13 Complaints
13.1 The Client, who is not a Consumer is obliged to inspect, or have others inspect, the Products immediately upon receipt, to the extent that this may be reasonably expected of him. In the event that the Client, who is not a Consumer, finds a defect or if he should have discovered that defect at that time, then Van Laar Trumpets must immediately, though within five days of receipt of the Products, be notified of this defect In Writing, with a specification of the nature and ground of the complaints.
13.2 The Consumer must notify Van Laar Trumpets of any complaints that are related to defects in the Products In Writing within a reasonable time, not exceeding two months, after the moment of discovery, specifying the nature and ground of the complaints.
13.3 When a defect as referred to in paragraph 1 and/or paragraph 2 of this article is found, the Client is obliged to discontinue the use of the Products, to arrange for the preservation of the Products like a prudent debtor and to take the necessary measures to limit his loss as much as possible. In doing so, the Client shall strictly adhere to the instructions of Van Laar Trumpets and to provide all cooperation to Van Laar Trumpets for an investigation into the defect found and any related circumstances, such as the treatment and use of the Products. In case the complaints are related to the quality of the supplied goods, these must be stored for the purpose of inspection by Van Laar Trumpets and may not be sent to Van Laar Trumpets without their Written consent.
13.4 Complaints must include the date and number of the relevant invoice from Van Laar Trumpets and of the article number and, where applicable, the serial number of the Products.
13.5 If Van Laar Trumpets is of the opinion that a complaint is well-founded, then Van Laar Trumpets has the right to pay compensation that is to be determined by agreement in cash, or to make a new delivery with maintenance of the existing Contract, in that case with the return of the defective Products to Van Laar Trumpets.
13.6 If the Client fails to submit complaints to Van Laar Trumpets within the periods specified above, the Client is deemed to have approved the supplied products and the Client may never invoke the fact that the Products fail to comply with the Contract.
Article 14 Termination of the Contract
14.1 If a Contract that was entered into is not completed by its nature and contents and is open-ended it may be terminated by each of the Parties after consultation and whilst stating reasons, by giving notice In Writing. In the absence of an obvious notice period, proper notice must be given when the Contract is terminated.
14.2 Van Laar Trumpets has the right, in addition to the other rights under the Contract and under the law, to terminate the Contract at all times for the whole or for the part that has not been executed yet, without further notice of default or judicial intervention or liability for compensation on the part of Van Laar Trumpets towards the Client in the event that the Client fails to fulfil one or more of his obligations towards Van Laar Trumpets under the Contract or any other contracts, in the event that the Client is declared bankrupt, in the event the Client applies for a moratorium or is offering a payment arrangement to his creditors, in the event that the Consumer was granted a debt adjustment under the Dutch Debt Management (Natural Persons) Act, in the event the Client is in the process of winding up his affairs or where the Client’s assets are seized in connection with substantial debts or where the Client is unable to pay his debts due or fails to pay his debts due.
14.3 If any situation as referred to above in the previous paragraph of this article arises, then Van Laar Trumpets has the right to repossess the Products that were supplied under retention of title, and Van Laar Trumpets then has the right to claim what they are owed in a lumpsum, without prejudice to the other rights to which Van Laar Trumpets is entitled, such as the right to compensation of costs, damage and interest, also including the costs for Van Laar Trumpets’ repossession of the Products.
Article 15 Liability
15.1 Any liability of Van Laar Trumpets, workers employed by Van Laar Trumpets and/or any auxiliary persons/third parties engaged by Van Laar Trumpets is limited to the amount which is paid out under Van Laar Trumpets’ liability policy under deduction of the excess of such a policy.
15.2 If and insofar as there is any liability for Van Laar Trumpets for any reason and if, for whatever reason, no payment is made under the abovementioned liability policy, then the liability of Van Laar Trumpets will be limited to the invoice amount related to the Product or Products, defective or otherwise, supplied by Van Laar Trumpets, where the invoice value of the part that is related to the defective Product or Products is taken as the starting point, up to a maximum of € 5,000.00 (in words: five thousand euros).
15.3 The liability of Van Laar Trumpets for any indirect loss suffered or to be suffered by the Client is excluded. Indirect loss means all loss that is not a direct loss, consequently including but not limited to consequential loss, lost profits, lost savings, decreased goodwill, loss due to business interruption, loss due to the failure to achieve marketing purposes, loss in connection with the use, loss, garbling or destruction of data, loss of orders and/or reputational damage.
15.4 The exclusion and limitation of liability referred to in the above paragraphs does not apply if and to the extent that the loss is the result of intent or gross negligence on the part of Van Laar Trumpets, of workers employed by Van Laar Trumpets and/or auxiliary persons that were engaged.
15.5 The stipulations in this article apply only to the extent that the liability of Van Laar Trumpets under the law or Contract, including the provisions in the present General Terms and Conditions, is not already restricted further than would follow from the mere application of this article.
15.6 Without prejudice to the provisions of article 6:89 Dutch Civil Code the right to compensation lapses in any event after twelve months following the event from which the loss arises directly or indirectly and for which Van Laar Trumpets is liable.
Article 16 Force Majeure
16.1 If Van Laar Trumpets fails to comply with any of their obligations due to force majeure, Van Laar Trumpets will never be liable towards the Client for loss, whatever the cause, and they will be authorized to either suspend execution of the Contract for a period not exceeding six months, or to terminate the Contract in whole or in part, at their discretion and without judicial intervention, all this without being obliged to pay any compensation.
16.2 On the part of Van Laar Trumpets, force majeure constitutes amongst other things all acts and other events that are outside the control of Van Laar Trumpets, even where these could be expected when the Contract was signed, as a result of which the execution of the Contract is temporary or permanently prevented, including, where it is not already included herein, default on the part of suppliers of Van Laar Trumpets, illness, (civil) war, threat of war, terrorism (both terrorist attacks and the maximum security level of terrorist threat set by the government), riots, strikes, personnel shortage, exclusions, transport problems, fire, weather conditions, epidemics, involuntary loss of possession, late delivery of materials and Products by the supplier of Van Laar Trumpets, restrictive government measures, sabotage (including but not limited to sabotage by others than Van Laar Trumpets personnel and/or any third parties engaged by Van Laar Trumpets), and in general, any unforeseen circumstance within the company or on site at Van Laar Trumpets, both in this country and abroad. The above is also applicable if the circumstances referred to above should arise in respect of or in the operation of factories, importers or other dealers from whom Van Laar Trumpets purchases their products, or usually purchases their products.
Article 17 Confidentiality and Personal Data Protection
17.1 The information provided by the Client will be included in the records of Van Laar Trumpets. This information will be used for the execution of the Contract, and for administrative purposes and for sending information to the Client pertaining to Products, work and activities of Van Laar Trumpets.
17.2 The Parties will treat information provided by the other Party prior to, during or after the execution of the work confidentially, where this information is designated as confidential or where the recipient knows or should reasonably suspect that the information was meant to be confidential.
17.3 The Client and Van Laar Trumpets shall comply with all their obligations related to privacy legislation within the framework of the Contract.
17.4 If Van Laar Trumpets in the execution of the work needs to take notice of confidential information from the Client, it is the Client’s own responsibility to omit or redact as much as possible any personal data or other confidential information that will not be of use to Van Laar Trumpets and to submit the confidential information to Van Laar Trumpets in a safe manner. This is without prejudice to Van Laar Trumpets’ obligation to treat confidential information they were provided with confidentially and to duly protect this information.
17.5 Van Laar Trumpets shall take appropriate technical and organizational action to secure protection that is attuned to the risks. The appropriate action ties in with the current state of the art.
Article 18 Applicable Law and Disputes
18.1 All Contracts entered into by Van Laar Trumpets to which these General Terms and Conditions apply in whole or in part, and the ones involved in these Contracts, are exclusively governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Sales Convention”) expressly does not apply.
18.2 All disputes related to, arising from or related to Quotations, sales, deliveries and work and Contracts or additional Contracts provided by Van Laar Trumpets to which these General Terms and Conditions apply fully or in part, will in the first instance be resolved exclusively by the District Court of Limburg, hearing location Maastricht.