Article 1
General
These terms and conditions apply to all offers, quotations and agreements relating to the sale and delivery of goods, the provision of services, such as, among other things, the provision of festivities, receptions, dinners, exploitations, etc., in the broadest sense. of the word, as well as the provision of personnel, spaces and materials, etc
Article 2
Offers
All offers of “De Vijf Sterren Catering” are always without obligation.
An agreement with “De Vijf Sterren Catering” is concluded by accepting the “De Vijf Sterren Catering” offer. Additional agreements with regard to additional work will be agreed and charged separately.
Article 3
Prices
Quotations are always made on the basis of the prices applicable at the time of the quotation.
“De Vijf Sterren Catering” reserves the right, if between the time of the offer and the time of the execution of an agreement, price increases should occur, for example as a result of an increase in excise duties, prices of raw materials, wage costs, rents and other costs to be paid to third parties, etc., to charge this increase to the client.
Article 4
Payment
Unless otherwise agreed, payment will be made as follows:
60% of the quotation price must be received by “De Vijf Sterren Catering” one week before the execution of the agreement;
Further payments must be received 14 days after the invoice date.
In the event of late payment, the client is immediately due and payable interest of one percent per month, without a notice of default or reminder being required, or, if higher, the statutory interest. In this context, a part of a month counts as a whole month. “De Vijf Sterren Catering” may also dissolve the agreement, insofar as it has not yet been performed, without prejudice to its right to compensation.
All costs associated with "De Vijf Sterren Catering" in collecting what the client owes "De Vijf Sterren Catering" are for the account of the client. Settlement with counterclaims is not permitted unless the relevant counterclaim has been expressly recognized by “De Vijf Sterren Catering” or has been irrevocably established in court.
Article 5
Permits
If permission from a third party is required for the execution of the agreement, the client will ensure that permission is obtained in a timely manner at his expense. He shows his permission in writing to “De Vijf Sterren Catering”. Failure to obtain the required permission(s) is entirely at the risk of the client.
Article 6
Cancellation
If the client cancels an agreement in whole or in part, he owes the following cancellation costs as compensation as a percentage of the amount stated in an agreement for the relevant part (goods/services of “De Vijf Sterren Catering”):
-Three days before and on the day(s) of execution 100%
-Fourteen to 3 days before the day(s) of execution 60%
-More than 14 days before the day(s) of execution, plus costs incurred by 30%
If the client cancels an agreement in whole or in part, if it concerns a cancellation with regard to goods/services supplied by third parties as a subcontractor of “De Vijf Sterren Catering”, he is also liable for compensation for the cancellation costs which “De Vijf Sterren Catering” pays this third parties will be owed, in which case these cancellation costs may differ from "De Vijf Sterren Catering" cancellation costs.
Full or partial cancellation of an agreement by the client must be done in writing to “De Vijf Sterren Catering”. The date of receipt of this letter by “De Vijf Sterren Catering” is used to determine the cancellation costs.
Article 7
Interim termination
Unless otherwise stipulated, “De Vijf Sterren Catering” is authorized to dissolve the agreement in whole or in part, with immediate effect by means of a written statement of its choice, if the client fails to fulfill one or more obligations towards “De Vijf Sterren Catering”. or fails to comply properly, all this without prejudice to its right to compensation in accordance with the law.
“De Vijf Sterren Catering” is authorized to terminate the agreement with immediate effect, if the client applies for a moratorium, is declared bankrupt or decides to discontinue all or part of his business or transfer it.
“De Vijf Sterren Catering” is entitled to set off what it owes from or in connection with the agreement from the client against the advance payment received from him. “De Vijf Sterren Catering” does not owe any interest on the prepayment. He is only obliged to repay the advance payment or the remainder thereof after it has reasonably been established that “De Vijf Sterren Catering” has nothing to claim from the client or will have nothing to claim.
Applicable law to the agreement is Dutch law.
Conditions of the client do not apply unless otherwise agreed in writing.
Disputes about or in connection with the leased property will be taken exclusively by the absolute competent court within the district in which “De Vijf Sterren Catering” has its head office.
Article 8
Goods and services to be delivered
The execution of the agreement between the client and “De Vijf Sterren Catering” is based on the numbers and circumstances specified by the client. If the client's statement does not correspond to reality, “De Vijf Sterren Catering” is not liable for any consequences thereof.
The client will offer “De Vijf Sterren Catering” the opportunity to carry out all desired preparations in time and will make the necessary facilities available if necessary.
Article 9
Force of the majority
In the event of force majeure, “De Vijf Sterren Catering” has the right, after notification to the client, to cancel its obligation to perform an agreement, insofar as it has not been performed, in whole or in part, without any judicial intervention being required. Force majeure shall in any event also include:
The total or partial failure due to any cause whatsoever of the installations required for the execution of an agreement; obstructed government regulations and requests;
riots;
strikes;
Disruptions in the regular supply of goods to be supplied by third parties, as well as water and energy supplies;
Fire or accidents;
transportation barriers;
Seizure of any kind and for any reason;
Any disturbance in the controlled production;
As well as any other event not to be considered normal trading risk.
Article 10
Liability
“De Vijf Sterren Catering” is only liable for any damage, insofar as this is directly attributable to “De Vijf Sterren Catering”, while any compensation is limited to 50% of the agreed price and “De Vijf Sterren Catering” is never will be held liable for consequential damages.
Article 11
Refusal or termination of orders and/or assignments
“De Vijf Sterren Catering” reserves the right to refuse or terminate order(s) and/or assignment(s), the content of which is in conflict with any legal or other government provision, even if the order and /or the order may have already been confirmed or the execution of the order and/or assignment may have started.
“De Vijf Sterren Catering” has the right at all times to cancel order(s) and/or assignment(s), the content of which in its opinion is in conflict with the good name or with the interests of “De Vijf Sterren Catering”. refuse or (immediately) terminate the order and/or assignment, the execution of which has already started, insofar as this manifests itself at a later date.
“De Vijf Sterren Catering” has the right, in case of applicability of the above, to full compensation for costs already incurred by the preparation and execution of the order and/or assignment and is then also not liable for damage resulting from non-execution or non-execution. (premature) termination of the order and/or assignment.
Article 12
Applicable law
Dutch law applies to the agreements entered into and the execution thereof by “De Vijf Sterren Catering”.
All disputes are adjudicated by a competent court in Amsterdam.
Almere,
mrs. NA Thickerboom