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Terms and Conditions

Terms and Conditions Fijnder (Chamber of Commerce no. 09219971) filed with the Chamber of Commerce in Arnhem

GENERAL PROVISIONS

Article 1. Definitions

In these general terms and conditions, and in any agreement to which they apply, the following terms are understood to mean:

  1. Fijnder: the counterparty of the party in paragraph 2 of this article, the Client and user of these general terms and conditions of delivery are referred to.
  2. Client: the (legal) person who Fijnder has entered into consultation about issuing an order to her and/or has issued an order to perform any activities within the business operations of Fijnder falling service or activity.
  3. Agreement: an agreement between Fijnder and Client. The term "agreement" also includes any written additions and/or amendments to the aforementioned agreements, as well as all (legal) acts in preparation for the aforementioned agreements.
  4. Employee: any natural person who, through the intermediary of Fijnder performs or will perform work for the Client. Employees also (but not exclusively) include employees of Fijnder.
  5. Products: all matters that are the subject of an Agreement – ​​including matters owned by a Client or third parties – and the work related thereto.
  6. Materials: Collection and/or packaging materials made available under an agreement, including, but not limited to, containers.
  7. Activities: all services or activities that are the subject of an agreement, including but not limited to:
    1. the assembly, disassembly, repacking, repairing and processing of products (product processing);
    2. making products and materials suitable for reuse (recycling);
    3. providing transportation;
    4. carrying out (re)integration programmes aimed at labour development.
  8. Assignment amount: The amount paid by Fijnder will be charged to the Client for the performance of the agreement, including by third parties Fijnder  amounts charged and/or other claims from third parties and exclusive of sales tax.

AArticle 2. Applicability of the conditions

  1. These general terms and conditions apply to any request made by the Client to Fijnder  to submit an offer, on the basis of Fijnder to be issued offer, on orders from Client and on all by Fijnder agreements to be concluded and concluded with the Client or by Fijnder (legal) acts to be performed and/or performed on behalf of the Client. Agreements also include agreements that Fijnder concludes with third parties in this regard.
  2. If the Client rejects the applicability of the general terms and conditions of Fijnder not within five working days after the conditions have been declared applicable by Fijnder has rejected in writing and Fijnder If the Client has not received this message (within the same five working days), the Client is deemed to have accepted the applicability of the general terms and conditions of Fijnder to have accepted. Fijnder expressly rejects the appeal to and/or the applicability of general terms and conditions that differ from its own general terms and conditions.
  3. From the general terms and conditions of Fijnder Deviating terms (or additional terms) only apply if and to the extent that they are expressly agreed upon by an authorised representative of Fijnder accepted in writing.
  4. If any provision of these general terms and conditions (and/or any further agreed deviating/additional clause) proves to be null and void or is annulled, this will not affect the validity of the remaining provisions of these general terms and conditions (and any further agreed clauses).

Article 3. Quotation, order and assignment

  1. All offers, price quotations, cost estimates, etc. from Fijnder, whether individually or in price lists, made orally, in writing, by telephone, by e-mail, by app message or in any other way, are entirely without obligation and can therefore be Fijnder be revoked.
  2. Price quotes are always based on the prices applicable at the time the quote is issued. If price increases occur between the time the quote is issued and the time the work to be performed under an agreement is completed, Fijnder reserves the right to pass these increases on to the Client.
  3. All information and/or specifications provided with an offer, etc., including but not limited to delivery times, are always approximate and are for Fijnder only binding if this is expressly stated in writing in the offer, etc.
  4. Fijnder is not bound by obvious errors and/or calculation errors contained in quotations and (advertising) brochures.
  5. Fijnder reserves the right to revoke the order placed with it without any formalities, even after acceptance of the offer by the Client. Such revocation will take effect immediately after receipt by Fijnder of the acceptance take place.
  6. If an offer etc. of Fijnder If the Client does not follow up the agreement within 14 days or the specified period with a written order, it will be cancelled. If, after the expiry of this specified period, Fijnder  If the order is received from the Client, Fijnder  reserves the right to make a new offer to the Client or to proceed with execution under the conditions as stated in the offer already made.

Article 4. Client Responsibility 

  1. The Client undertakes to insure, to the extent possible, all risks associated with its activities and/or actions and/or omissions in connection with the execution of the assignment, including the activities and/or actions and/or omissions of third parties engaged by it. In any case, the Client is obliged to take out liability insurance (AVB insurance for businesses), which covers the liability of the Client's company. This insurance must, in any case, cover personal injury, property damage and consequential damage. Furthermore, the Client undertakes to ensure that the aforementioned insurances also cover the following: Fijnder  employee(s) engaged in the performance of the agreement. The Client is obliged to provide copies of the policies and the associated policy conditions of the aforementioned insurances to the Client upon first request. Fijnder to provide.
  2. The provision by the Client of (the accuracy of) addresses, sizes, specifications and/or other information related to the performance of the agreement is at the Client's risk.
  3. The Client must ensure that any third-party permission or permits required for the performance of an agreement are obtained, unless otherwise agreed in writing.
  4. The client undertakes to Fijnder to insure and keep insured the supplied and/or made available products and/or materials and/or machines and/or tools against fire, explosion damage and water damage as well as against theft and the policy of this insurance at the request of Fijnder on Fijnder to be provided. The Client is also liable for damage to Fijnder arising as a result of a malfunction in the machine and/or tools made available.
  5. If the Client requests Fijnder If the Client makes machines and/or tools available, it shall ensure, at its own expense and risk, that these are safe and that they continue to comply with the applicable health and safety legislation and that they are properly maintained periodically. The Client indemnifies Fijnder, whether or not for claims by third parties, for all (consequential) damage that may arise caused by a shortcoming and/or collapse in, or by the use of machines and/or tools made available.
  6. Client indemnifies Fijnder for all claims by third parties regarding damage suffered by these third parties during or in connection with the performance of the agreement, unless (and insofar as) this damage is exclusively the result of intent or gross negligence on the part of Fijnder The claims of third parties referred to here also include claims of employees (or other persons involved in the performance of the agreement) on the basis of Article 7:658 of the Dutch Civil Code.

Article 5. Liability Fijnder

  1. Fijnder is entitled to engage third parties in the execution of the assignment.
  2. Fijnder maintain confidentiality with regard to Client's business data.
  3. Notwithstanding the further limitations of liability in paragraphs 1 through 7, of this article is Fijnder  not liable for any deficiency in the performance – quantities and quality of any offer and/or agreement, nor for any unlawful act, unless (and to the extent that) this is the result of intent or gross negligence on the part of Fijnder
  4. Without prejudice to the provisions of paragraph 3 and paragraphs 5 to 7 of this article is Fijnder, if and to the extent that liability applies, only liable for direct damage, including damage to persons and property and consequential damage thereof. Fijnder is never liable for any other form of damage (including, but not limited to, indirect damage, consequential damage and business damage).
  5. In any case, the total liability of Fijnder limited to a maximum of the order amount referred to in Article 1, paragraph 8, or the order amount that can reasonably be expected Fijnder
  6. Notwithstanding and without prejudice to the provisions of paragraphs 3 to and including 5 provisions limiting liability included in this article, any liability of Fijnder in any case limited to the amount for which the Fijnder  liability insurance for the damage in question is covered (and only to the extent that the insurer actually makes a payment). Damage beyond that covered by the liability insurance may be greater and/or different. Fijnder in any case not be addressed.
  7. The provisions referred to in paragraphs 3 to 4 above 6 The limitations and exclusions of liability contained in this article also apply to the benefit of employees (including employees) of Fijnder  and/or by Fijnder  third parties involved.

Article 6. Complaints

  1. All complaints must be sent in writing to the address of Fijnder to be done within 30 days after delivery of the services to the Client.
  2. Complaints about invoices must be submitted in writing to the address of Fijnder to be submitted within 14 days of invoice date.

Article 7. Limitation / expiration

  1. Any claim of the Client on Fijnder, regardless of whether it is based on a contractual or tortious basis, expires six months after the invoice date.

Article 8. Retention of title and right of retention

  1. Fijnder remains the owner of the goods delivered by it until the Client has paid all claims in full. Fijnder has taken place, as security for payment of all claims. Claims include claims related to performance of the agreement and claims relating to interest, fines and collection costs of Fijnder on Client.
  2. The Client is not authorised to pledge or otherwise encumber the items subject to the retention of title.
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the Client is obliged Fijnder to inform you of this without delay.
  4. The Client undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to revoke the policy of this insurance at the request of Fijnder on Fijnder to provide.
  5. By Fijnder Delivered goods subject to retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.
  6. Fijnder is entitled to suspend the delivery of everything it has in its possession in the context of the performance of an agreement until all its claims have been paid or until the Client has provided security for the payment of the claims.

Article 9. Force majeure

  1. Circumstances beyond the control and/or influence of Fijnder which are of such a nature that compliance with the agreement can no longer reasonably be expected or can no longer be expected to the full extent of the agreement Fijnder If such is required, this gives the right, without prejudice to the Client's payment obligation, to terminate the agreement in whole or in part and/or to suspend its performance without any obligation to pay damages (and while retaining the Client's payment obligations as determined below in Article 12, paragraph 3). 
  2. Circumstances that justify an appeal to force majeure, as referred to in the previous paragraph of this article, include: abnormal weather conditions, war and threat of war, measures by Dutch and/or foreign government bodies that make the performance of the agreement more difficult and/or more expensive than could have been foreseen when the agreement was concluded, the inability to obtain necessary permits, strikes and/or occupations, epidemics, traffic disruptions, loss or damage during transport, fire, theft, disruptions in the energy supply, defects in machines, all of which occur in the company of Fijnder  as with third parties from whom Fijnder must obtain the required materials, raw materials or semi-finished products in whole or in part and furthermore all other causes beyond the control and/or control of Fijnder arise. Circumstances referred to in the previous paragraph of this article also include illness and/or disability and/or bankruptcy of Fijnder third parties engaged for the execution of the agreement.

Article 10. Suspension and Set-off

  1. The Client is not entitled to offset and/or suspend any payment, except insofar as the Client is a natural person who does not act in the exercise of a profession or business.

Article 11. Price, invoicing and payment

  1. The agreed price is, unless otherwise agreed in writing, in euros, exclusive of sales tax. and any other government levies.
  2. All through Fijnder All costs incurred in connection with the work performed by her will be charged in full to the Client. Changes, including additional costs, in the original order of any nature, by or on behalf of Fijnder Any additional costs incurred that may be higher than anticipated in the quotation will be charged to the Client.
  3. Unless expressly agreed otherwise in writing, payment must be made within 30 days of the invoice date. Fijnder is entitled to agree on advance payment and furthermore entitled to demand advance payment - even if this has not been agreed - if Fijnder may have reasonable doubts about the Client's solvency. This is the case, for example, when the Client's assets have been seized and when the Client fails to pay multiple creditors on time.
  4. If no payment has been made within the aforementioned 30 days after the invoice date, the Client will be in default by operation of law and will owe interest equal to the statutory interest, whereby a part of a month will be counted as a full month. All judicial and extrajudicial costs incurred Fijnder in the context of an attributable shortcoming of the Client, the Client will be liable for damages due to that shortcoming Fijnder will be reimbursed. The extrajudicial costs are deemed to amount to at least 15% of the amount Fijnder amount to be claimed from Client.

Article 12. Termination

  1. Without prejudice to the Fijnder further rights are Fijnder entitled to terminate the agreement in whole or in part without further notice of default and without being liable for any damages, by means of a written statement with immediate effect if:
    1. The Client is in default of fulfilling one or more obligations under the agreement;
    2. The Client has been declared bankrupt, has applied for (provisional) suspension of payments, the Debt Restructuring for Natural Persons Act has come into force for him/her, has closed down or liquidated his/her business, a significant part of his/her assets are seized or he/she transfers his/her business to third parties.
  2. In the event of termination of the agreement, the risk of goods already delivered remains with the Client. The goods will then be available to Fijnder and will be collected by these.
  3. In the event of termination of the Agreement, Fijnder invoice the Client for all work and/or services performed up to the date of termination of the Agreement and the Client is obliged to pay the invoices sent for that purpose Fijnder to comply.

Article 13. Intellectual property rights

  1. The intellectual property rights that belong to Fijnder (owned) accessories remain the property of at all times FijnderThe Client is not permitted to modify delivered goods in whole or in part or to provide them with a different (brand) name and/or packaging, or otherwise make any indication regarding copyright, trademarks, trade names or other intellectual or industrial property rights of the Client. Fijnder to remove or modify, unless otherwise agreed in writing. The Client is also not permitted to use any name, trade name, trademark, logo of, or any other reference to Fijnder, to be used in any external press release, advertising material, publicity material or otherwise, without permission from Fijnder.
  2. In the event of a breach of the provisions of paragraph 1, the Client will be liable to pay a fine of €50.000 without any notice or notice of default being required, without prejudice to the right of Fijnder to claim full damages, including interest and costs. The paid or owed penalty will be deducted from any damages, including interest and costs, owed.

Article 14. confidentiality

  1. The Client shall keep the Agreement strictly confidential and shall not disclose any information about it unless it is obliged to do so by order of the government or in the context of legal proceedings or Fijnder has given express written consent for the disclosure of such information.

Article 15 Disputes and applicable law

  1. With regard to disputes between Client and Fijnder The court of Gelderland has exclusive jurisdiction.
  2. On the legal relationships between Fijnder and Client, at least on all Fijnder Dutch law applies to all acts performed by it, including agreements concluded by it.
  3. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.

 Article 16. Name change

  1. The conditions set out here remain in force in the event Fijnder changes name, legal form or owner, in whole or in part.
  2. The Client to Fijnder specified address may Fijnder continue to regard as such until Fijnder A new address has been communicated. Any damages resulting from failure to communicate or failure to communicate in a timely manner will be borne by the Client.

SPECIFIC PROVISIONS FOR PRODUCT PROCESSING AND RECYCLING

Article 17. Delivery of Products and Provision of Materials

  1. The Client is obliged to deliver the Products in the agreed manner, place and time. Fijnder to offer, as well as in accordance with the statutory requirements and (government) regulations applicable to the offering of these Products on site. The Client is responsible for the timely provision to Fijnder of all necessary and (legally) prescribed documents.
  2. The Client guarantees that the Products offered are excluded in any case, unless agreed in writing with the Client prior to the offer. Fijnder agreed:
    1. explosives and flammable substances;
    2. material with moisture and/or air pockets;
    3. chemicals and/or contaminants;
    4. nuclear materials and/or contamination;
    5. soil or materials with soil attachments;
    6. substances that threaten public health.
  3. Client indemnifies Fijnder for all damages of Fijnder and/or third parties which is a direct or indirect consequence of the presence of the aforementioned excluded substances and/or materials in the Products.
  4. The Client is responsible for the proper packaging and labelling of the Products offered in accordance with the applicable local legal requirements and (government) regulations, supplemented where necessary by the Fijnder instructions indicated for this purpose. The packaging(s) in which the Client offers the Products become the property of the Client upon receipt. Fijnder , unless the parties have agreed otherwise.
  5. Fijnder  is entitled to take samples of the Products offered by the Client upon or after receipt by Fijnder  designated persons and/or bodies.
  6. In case of rejection, Fijnder  The Client must inform the Client of this without delay, stating the reasons. The Client is obliged to return the rejected Products at its own expense and risk within a period specified by Fijnder  to take back and dispose of the goods within the specified period in accordance with the applicable legal requirements and (government) regulations, failing which Fijnder  is entitled to return the rejected Products to the Client. All costs and/or damages resulting from this, including but not limited to storage costs and transportation costs, shall be borne by the Client.
  7. Fijnder  determines the quantity and/or weight of the Products using calibrated and/or legally designated measuring equipment.
  8. Fijnder  is entitled, if the Client orders more Products, Fijnder  then delivers as agreed between the parties:
    • to refuse the excess delivered, or
    • to settle the excess delivered with the Client at the agreed price, or
    • to settle the excess delivered with the Client at the time of delivery Fijnder  applicable price and price determined by it.
  9. The Products remain the property of the Client. The Client must ensure that adequate insurance is in place to cover the risk of fire, explosion and water damage, as well as theft, and the policy of this insurance(s) will be revoked upon request. Fijnder  on Fijnder  to provide.
  10. As far as Fijnder  If the Client makes goods available to the Client in connection with the performance of the Agreement, the Client will store those materials with due care and will return those materials to the Client at the end of the Agreement at the Client's first request. Fijnder , On Fijnder  return. Any damage to the Fijnder  goods made available to the Client will be returned to the Client Fijnder  reimburse.
  11. To the extent that the Client agrees to Fijnder  makes goods available in connection with the performance of the Agreement, is Fijnder  not liable for any possible damage to those goods, unless that damage is the result of intent or gross negligence on the part of Fijnder .
  12. Client delivers (if in his possession) Fijnder a “Permitted situation” consisting of: Available environmental permit – Weelabex certification – ISO certificates – Other relevant permits and/or certificates.
  13. Client delivers to Fijnder  “downstream” information or declaration for further processing: quantity (kg) processed in a year – processing method of the fractions – further processing of the fractions – name of final processor of hazardous fractions.

Article 18. Transport and transportation

  1. The Client shall ensure that the Products are delivered to the address specified by Fijnder  specified location will be transported.
  2. The Client is obliged to ensure that the transport of the Products takes place in accordance with the statutory regulations applicable at the location.
  3. India Fijnder acts as a carrier Fijnder, except in cases of force majeure, liable for damage to or loss of the Products. This liability is limited to a maximum amount of € 3,40 per kilogram; for other damage to the Products, such as consequential damage, business interruption or immaterial damage, Fijnder not liable. 
  4. The number of kilograms to be used for the calculation of the amount referred to in paragraph 3 The amount stated above is based on the weight of the damaged or undelivered Products stated on the consignment note.

Article 19. Loading and unloading

  1. On the in between Fijnder To the agreement to be concluded between the Supplier and the Client, the following provisions also apply with regard to the storage and safekeeping of the Products.
  2. The Client is responsible for ensuring that there is sufficient insurance for the Fijnder Products in storage and/or in processing.
  3. The loading of the by Fijnder Goods to be stored or taken into storage will be at the expense of the Client if this takes place on the instructions of the Client.
  4. Fijnder is never liable for damage to the Products stored or being processed, unless there is intent or gross negligence on the part of Fijnder. Fijnder is furthermore not liable for the effects of temperature differences, moisture, light or any external influence on the stored or processed Products, regardless of whether the Products are offered packaged or unpackaged.