Terms and Conditions
Terms and Conditions of G. van Beek & Zn. Totaalproject B.V., G. van Beek & Zn. Betonindustrie B.V. and G. van Beek & Zn. Kalverstalinrichting B.V. Registered with the Chamber of Commerce under no.: 08080631, 08129382, 08080624.
1. General
1.1. These conditions form part of and apply to all offers, quotations, agreements and deliveries of goods and/or services by
G. van Beek & Zn. Totaalproject B.V.,
G. van Beek & Zn. Betonindustrie B.V. and
G. van Beek & Zn. Kalverstalinrichting B.V.,
based in Barneveld, the Netherlands, hereinafter referred to as: "Contractor", where (one of) the company (companies) acts (act) as (a) supplier(s) or service provider(s) to a Client.
1.2. Any terms and conditions used by the Client, howsoever named, are expressly rejected and shall not apply, unless these terms and conditions or one or more provisions thereof have been expressly accepted by the Contractor in writing.
1.3. Amendments to the agreement entered into by the Contractor and the Client, notices and deviations from these Terms and Conditions shall only be effective if they are made in writing and also agreed between the Contractor and the Client.
2. Offers
2.1. All offers made orally or in writing by or on behalf of the Contractor are without obligation, unless a quotation has been provided in writing with a period for acceptance specifically mentioned in that quotation.
2.2. In the case of composite price quotations, there is no obligation to deliver part of the price quoted for the whole.
2.3. Deliveries, services and/or works commissioned directly by the Client to the Contractor, without being based on a prior written quotation with a period for acceptance, shall not be binding on the Contractor until they have been accepted by the Contractor in writing.
2.4. The risk of the correct execution of orders given to the Contractor by telephone or email rests with the Client. As long as such orders have not been confirmed in writing by the Contractor, proof of the order(s) having been placed and of the agreements made as a result thereof shall rest with the Client.
2.5. Subject to the provisions of Art. 2.3. and 2.4., an agreement between the Contractor and the Client shall not be deemed to have been established until the Client's written approval of the offer made by the Contractor has been received by the Contractor. The Contractor shall send the Client an order confirmation thereof.
2.6. In the event of an order given jointly by or on behalf of several (legal) persons, the clients, insofar as the works were performed for the benefit of the joint clients or if the services and works are actually enjoyed by one or more (legal) persons other than the Client, are each jointly and severally liable as a separate (legal) person for the fulfilment of the payment obligations arising from the agreement.
2.7. An estimate made by the Contractor of a cost associated with an order is always without engagement and merely indicative. The Client shall never be able to derive any rights from such an estimate or calculation.
2.8. Illustrations and descriptions in prospectuses, catalogues, promotional material, as well as other data provided by or on behalf of the Contractor for commercial purposes shall not bind the Contractor unless the Contractor has guaranteed this to the Client in writing.
2.9. All data, assertions, assumptions, estimates and other factors, which form the basis of the Client's decision to award an order to the Contractor or to enter into an agreement with the Contractor shall be exclusively at the expense and risk of Client, unless the Contractor has confirmed and guaranteed any of these factors to the Client in writing in advance.
3. Intellectual property rights
3.1. The copyright of sketches, drawings, photographs and models designed or created by the Contractor shall remain vested in the Contractor at all times. The Client shall only be entitled to use the sketches, drawings, photographs and models etc. for the purpose for which they were made available to the Client by the Contractor. The Client is not allowed to transfer them to third parties or to make changes to them.
3.2. If the Client violates the provisions under 3.1, the Contractor shall be entitled to claim full compensation from the Client for any damage as a result of such violations.
4. Prices
4.1. All prices and rates are shown in valid currency (euro) and exclusive of VAT, unless otherwise agreed.
4.2. All agreements are always entered into on the basis of the rates and prices applicable at the time said agreements were signed.
4.3. Cost-increasing circumstances - even in the case of an agreed fixed price - such as the increased price of raw materials, consumables, parts, transport, import duties, wages and assembly costs, which arise one month or later after the conclusion of the agreement, entitle the Contractor to apply charges and compensate for the resulting consequences if those circumstances increase the cost of the work by more than 5%.
4.4. Other cost-increasing circumstances are circumstances that arise one month after the conclusion of the contract and:
which are of such a nature that the likelihood of their occurrence did not need to be taken into account when the agreement was signed and which increase the cost of the work by more than 5%, or
which cannot be attributed to the Contractor and which increase the cost of the work by more than 5%.
4.5. If the Contractor considers such cost-increasing circumstances to have occurred and claims additional payment, he shall notify the Client in writing or electronically as soon as possible.
4.6. If the price increase other than as a result of an amendment to the agreement exceeds 10%, the Client shall have the right to rescind the agreement, provided this is done in writing within 14 days of receiving the adjusted price and request for additional payment from the Contractor. If the Client is not prepared to pay the price increase, the Contractor, instead of demanding compliance, is also entitled to rescind the agreement. In that case, costs reasonably incurred by the Contractor shall be reimbursed by the Client to the Contractor.
4.7. The price for assembly and installation of ordered products as included in the order confirmation is the price inclusive of common assembly parts to be used under normal circumstances and the delivery of the product in good working order at the address specified by the Client, excluding all unforeseen additional costs.
4.8. If necessary, packaging shall be charged at cost price and not taken back. The necessity of using packaging is at the discretion of the Contractor.
5. Agreements
5.1. After an agreement as referred to above has been entered into, the Contractor undertakes to deliver (exclusively) the products agreed on according to the order confirmation and to perform (exclusively) the services and works agreed on according to the order confirmation.
5.2. Additions, extra services and/or extra work or changes requested by the Client or prescribed by or on behalf of the government on the basis of legal requirements, which fall outside the scope of the agreement entered into but which are nevertheless accepted by the Contractor and may subsequently be confirmed in writing to the Client or prescribed by the government, shall result in a price increase in accordance with the prices applied by the Contractor at that time and shall be invoiced separately to the Client in accordance with the Contractor's rates applicable at that time. Non-agreed, but unforeseen costs and expenses to be incurred necessarily on an ad hoc basis within the framework of the execution of the agreement at that time can always be passed on to the Client on the basis of declarations. Changes or additions may result in the agreed delivery time being exceeded by the Contractor beyond its responsibility, without affecting the agreement.
5.3. Every agreement entered into with the Contractor contains the resolutive condition that the Client shall prove its sufficient creditworthiness to the Client, such at the sole discretion of the Contractor.
5.4. When entering into the agreement, the Contractor is entitled to request a down payment of at least 50%, failing which no agreement shall be concluded.
5.5. Arrangements, commitments or agreements with (subordinate) members of the Contractor's staff shall not bind the Contractor, to the extent not confirmed by the Contractor in writing. Subordinate personnel in this context are considered all employees or staff who, according to registration in the trade register, do not have power of attorney.
5.6. The Contractor is entitled to engage third parties under its responsibility without prior consultation with the Client in order to ensure the timely and correct execution of the order, in accordance with industry standards, at the Contractor's sole discretion.
6. Delivery and delivery terms
6.1. The Client shall take delivery of the goods immediately after their arrival at the place of execution of the order. After delivery at the agreed place of delivery, the goods delivered shall be at the Client's risk.
6.2. Stated (delivery) dates shall always be regarded as approximate. Exceeding the delivery period can never give rise to a claim for damages, unless it has been explicitly agreed in writing between the Contractor and the Client that time is of the essence.
6.3. If, for whatever reason, the Client is unable to take delivery of the goods at the agreed time and they are ready for shipment, the Contractor shall, storage facilities permitting, store the goods at the Client's request and take all reasonable measures to prevent deterioration in quality until they have been delivered or handed over to the Client.
6.4. The Client shall be obliged to reimburse the Contractor for storage costs in accordance with the rate customary in the industry from the time the goods are ready for shipment, or if this is a later time, from the delivery date agreed in the agreement.
6.5. If the Client subsequently cancels the order issued, does not give (or no longer gives) the Contractor the opportunity to execute it and/or refuses to take delivery of the goods, the Client shall be obliged to take over in full as costs incurred the goods already purchased, manufactured, delivered or assembled by the Contractor, including the costs incurred in the meantime.
6.6. Furthermore, in addition to the costs incurred in the same case mentioned in Art. 6.5. for compensation on account of losses suffered or lost profit with regard to the (as yet) unfulfilled part of the (total) order, the Client shall owe the amount of at least 1/3 of the agreed total price of the (original) order as a fixed amount for compensation, without prejudice to the right of the Contractor to demand full compliance with the agreement or full compensation.
7. Assembly and other work
7.1. The agreed product or accepted work shall be delivered, assembled, installed, connected and performed by or on behalf of the Contractor, unless otherwise agreed between the parties. Installation here means the placement and, if necessary, connection of the product so that it works. In addition, the following may also be agreed in writing with the Client at a price to be specified:
entering into a maintenance agreement.
7.2. The Client is liable to the Contractor for the correct and timely implementation of all existing fixtures, facilities and/or conditions, which are necessary for the set-up of the product to be assembled and/or the correct functioning of the product at that location in its assembled state. Without prejudice to the foregoing, the Contractor shall in any case ensure at his own expense and risk that:
the personnel of the Contractor and/or its subcontractors, as soon as they have arrived at the construction site or place of erection, gain access and can commence and continue to carry out the work during normal working hours/days and, moreover, if the Contractor deems it necessary, outside normal working hours/days, provided that it has notified the Client in good time within 48 hours.
the access roads to the construction site or set-up area are suitable or paved for the required transport.
the designated construction or erection site is suitable for storage and assembly.
all necessary safety and precautionary measures have been taken and are maintained, as well as that all measures have been taken and are maintained in order to comply with applicable government regulations in the context of construction and assembly/installation.
7.3. The Client guarantees the safety in and around the construction site or the object where the products are to be installed and the Client guarantees that no asbestos or other material detrimental to health is present at the place where the product must be placed, all in accordance with the applicable text of the Environment Act and/or regulations arising therefrom. The Client shall indemnify the Contractor against all consequences from the moment this is discovered. In that case, the Contractor shall be entitled to immediately cease and desist from all work until such time as the situation has been rendered safe by objective standards or the expert removal of asbestos or the material detrimental to health has taken place and the object has been released in writing by the authorities.
7.4. The Client must ensure that work and/or deliveries to be carried out by others, which are not part of the assembly/installation work of the Client or the third parties engaged by it, are carried out in such a way and on time that the performance of the work by or on behalf of the Client is not delayed. If, nevertheless, any delay within the meaning of this paragraph arises, the Client shall notify the Contractor in good time and the Client shall indemnify the Contractor against all consequences thereof.
7.5. Damages and costs that have arisen because the Contractor's conditions set out in this article have not been met or have not been met in time, shall be borne entirely by the Client.
7.6. The Client shall bear the risk for all damage caused by:
inaccuracies in the specified information and/or work ordered;
defects in the movable or immovable property on which the work is performed
unsuitability of movable or immovable property for placement and/or installation of the product, e.g. due to insufficient bearing capacity or unsuitability for installation (work).
7.7. The Client must ensure that all permits, exemptions and other decisions necessary to carry out the work are obtained in good time. The Client shall indemnify the Contractor in respect of the inability to obtain the required permits.
7.8. The Contractor's work - unless expressly stated in writing in the quotation - does not include:
the costs of earthwork, excavation, piling, cutting, breaking, foundation, masonry, carpentry, plastering, painting, wallpapering, plumbing or repair work or other construction work;
charges for connection or use of gas, water, electricity or other infrastructure facilities;
the costs of preventing or limiting damage to goods on or near the work;
the costs of disposing of consumables, building materials or waste;
travel and accommodation costs.
8. Completion
8.1. The moment of acceptance by the Client or the moment when the goods are offered to the Client for that purpose following assembly and commissioning and the moment when the Client (can) actually put the goods into use in working order shall be considered the moment of completion for the Client. In that case, the goods shall be exclusively at the expense and risk of the Client from that moment onwards. The order shall furthermore be deemed to have been completed and delivered by the Contractor at the time the Contractor has notified the Client in writing or verbally and the Client does not inspect the work or have it inspected within eight days thereafter or after commissioning and accepts it with or without reservation or rejects it in writing, stating and indicating the demonstrable defects.
8.2. If a certain date of delivery or completion of the order has been agreed, it shall be extended automatically if stagnation occurs that is not at the expense and risk of the Contractor. Such circumstances include at least those listed in 9.2.
9. Force majeure
9.1. The Contractor shall be entitled, without being in default, to suspend the delivery or completion of the order and/or the goods purchased by the Client, or the delivery of the services offered, if as a direct or indirect consequence of one or more causes mentioned in 9.2 - regardless of whether they were foreseeable at the time the agreement was entered into - the goods or services offered cannot reasonably be delivered or delivered in good time.
9.2. There will be force majeure on the part of the Contractor if, after the conclusion of the agreement, the Contractor is prevented from fulfilling his obligations ensuing from this agreement or from preparing for it, as a result of war, threat of war, civil war, riots, civil unrest, terrorism, strikes, sit-ins or occupation of the premises, lock-outs, fire, environmental and water damage, flooding, pandemics, government measures including import and export measures, extreme weather conditions, disruptions in the supply or provision of raw materials and consumables, disruptions in the supply of energy and operating supplies, transport restrictions and furthermore as a result of all other causes beyond the Contractor's control or sphere of risk.
9.3. If, due to force majeure as referred to in 9.2, the delivery or completion of the order is delayed by more than two months, both the Contractor and the Client shall be entitled to unilaterally dissolve the agreement by means of a written statement to the other party for the part of the agreement that has not yet been executed. In that case, the Contractor shall only be entitled to compensation for the costs it has incurred.
10. Retention of title
10.1. The Contractor remains the owner of all goods it has delivered to the Client, insofar as they are itemizable, until the Client has paid all claims of the Contractor, which constitute the consideration for goods and/or services delivered. As long as the goods are still the property of the Contractor and can be itemized, in the event of non-fulfilment by the Client of an obligation arising for him from the agreement, the Contractor shall at all times be entitled, without any notice of default or judicial intervention being required, to regain possession of these items, wherever they are located. In that case, the Client shall as of now fully cooperate and authorise the Contractor to recover its property (“rei vindicatio”).
10.2. The property law consequences of the Contractor invoking the retention of title shall be governed by Dutch law, unless the law of the state of destination contains more favourable provisions for the Contractor than Dutch law in the case of goods intended for export. If so, the Contractor may require that the state of destination’s law be applied.
10.3. The Contractor shall be entitled to keep the items it has recovered either under its administration until the Client has met all the Contractor’s demands for payment, or to sell them to third parties, in which case the net proceeds - insofar as they concern goods - shall be deducted from the Contractor's claims still to be paid by the Client.
11. Complaints
11.1. Immediately after delivery or completion of the work, the Client shall be obliged to inspect the goods or work thoroughly for demonstrable defects and, if any are found, to inform the Contractor immediately in writing.
11.2. Any complaints regarding defects must be submitted in writing by the Client within eight days of the day of delivery or completion, accurately stating the nature of, and proof of the grounds for the complaint. Missing deliveries, externally damaged deliveries as well as deviations from the order must be clearly stated. If the aforementioned period is exceeded, any right to complain shall lapse.
11.3. If a timely and, in the opinion of the Contractor, justified complaint is made by the Client regarding a defect in relation to agreed quality or quantity or the nature of the service, the Contractor shall endeavour to remedy this defect in the shortest possible time. The Client undertakes to give the Contractor the opportunity to remedy the defect.
11.4. In case the complaints concern invoices received, the Contractor must be notified of the complaints in writing within fourteen days from the invoice date. Complaints reaching the Contractor after the expiry of the aforementioned period of fourteen days shall no longer be considered by the Contractor. After expiry of the period of fourteen days as aforementioned, the Client shall be deemed to have agreed to the invoices sent to the Client, barring proof to the contrary on his part.
11.5. Complaints shall not entitle the Client to suspend of the agreement or demand its dissolution or withhold or postpone payment in whole or in part with immediate effect.
11.6. Due to the nature of the product, colour differences never constitute grounds for rejection, up to a percentage of 25% of the whole. Slight deviations in execution, quality, colour, hardness, satinage, thickness, smoothness, roughness, finish, etc., do not constitute grounds for rejection. Minor deviations are deviations with a tolerance of up to 15%. The starting point for assessing the quality of materials is the standard merchantable quality.
12. Payment
12.1. Payment shall be made without any suspension, discount or compensation in accordance with the payment dates and conditions stated in the agreement entered into or otherwise within 8 calendar days, including VAT. Any deviation from the aforementioned payment period and payment conditions shall only be possible if this has been further agreed in writing between the Client and the Contractor.
12.2. The place where payment is to be made is the place where the banking institution with which the Contractor maintains relations is located. Only payment by transfer to the account of the bank account(s) held in the name of the Contractor at the banking institution chosen by the Contractor shall lead to discharge of the Client.
12.3. The Client shall not be entitled to apply suspension, discount or compensation except with the prior written agreement of or on behalf of the Contractor.
12.4. If the Client has not paid in full within eight days of the invoice date, the Client shall owe the Contractor, without notice of default, interest of 1% per calendar month on the outstanding amount, payable immediately, starting from the date on which the payment period expired until the date of payment. Part of a month shall count as a full month.
12.5. In case the Client fails to fulfil his payment or other obligations and the default has occurred, the Client shall also owe the Contractor extra-judicial collection costs if the Contractor engages a legal adviser. If the Contractor takes collection measures against the Client who is in default and the Client fails to comply even after a reminder, the extra-judicial costs related to such collection shall be borne by the Client. These are at least the costs applying to the principal amount in accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten (Dutch Extra-judicial Collection Costs Decree) of 1 July 2012 (Staatsblad van het Koninkrijk der Nederlanden 2012/141) ( Dutch Official Gazette). If the actual extra-judicial costs incurred are higher than what follows from the above, the actual costs incurred shall be payable, if the Contractor so requires.
12.6. The Contractor is always authorised at the moment the Client is in default to immediately suspend the work and to use its right of retention on goods produced by the Contractor or goods belonging to the Client that it has in its care. Before exercising this right of suspension and/or right of retention, the Contractor shall give the Client the opportunity in writing to ensure payment within 48 hours.
12.7. If the Client applies for a suspension of payments, invokes the statutory debt rescheduling scheme, a petition for bankruptcy is filed against him or bankruptcy is declared, the Client (legal person) is dissolved, terminated or wound up, attachments are levied against him or otherwise reasonable doubt arises as to his creditworthiness, or if the Client fails in any respect to fulfil his obligations, in particular those relating to payment of one or more invoices following notice of default, the Contractor shall be entitled at all times, without prejudice to its right to demand fulfilment:
to transport and store the goods still to be delivered elsewhere at the Client's expense and risk or to keep them stored in the Contractor’s own company premises;
immediately suspend all further deliveries, no matter which contract they relate to;
declare all current agreements unilaterally dissolved in whole or in part by written notification to the Client and take back the delivered goods.
13. Liability
13.1. The Contractor accepts no liability for damage that the Client suffers or may suffer in connection with the products delivered or services rendered by or on behalf of the Contractor, unless the Client proves that the Contractor is liable, that the Contractor has been given prior written notice of default with a reasonable period for performance, that the Contractor imputably fails to fulfil its obligations to the Client and the Client can specify and prove the amount of the actual damage suffered.
13.2. If an error is made because the Client has provided the Contractor with incorrect or incomplete information, or has not provided the (necessary) information (on time), the Contractor shall never be liable for any damage resulting therefrom or as a consequence thereof, and the Contractor accepts no liability.
13.3. The Contractor's liability for direct damage in connection with attributable shortcomings shall in all cases, barring intent or deliberate recklessness, be limited to a maximum of 15% of the order-related order price (excluding VAT) as stated in the agreed quotation or in the invoice provided and shall in no case exceed the amount that the Contractor may receive as compensation from its corporate liability insurer in the case in question, plus any applicable excess on its corporate liability policy.
13.4. The Contractor shall not be liable and any liability is excluded for any indirect damage, such as (but not limited to) trading, consequential or idle damage and demurrage, loss of income and profits, loss of customers, environmental damage, damage to name and/or goodwill, which the Client may suffer, unless the Client proves that there has been intent, serious misconduct, gross negligence or deliberate recklessness on the part of the Contractor and the Client specifies and proves the amount of the damage.
13.5. The Contractor shall not be liable if the work or goods delivered have been damaged by transport by or on behalf of the Client, because of incorrect or injudicious use, use that is not in accordance with the information in the manual or the explanation and/or working method given by the Contractor, because of misuse or incorrect application, or as a result of changes or repairs to items made by the Client (or those for whom he is responsible) himself, or no or injudicious maintenance and/or wear and tear.
13.6. Damage resulting from the fact that the Client did not immediately check the goods for soundness or completeness upon receipt, completion or processing, or for damage that is visible, shall be borne exclusively by the Client after completion.
13.7. In the event of the Contractor's own liability for direct damage, the employees deployed by the Contractor shall not be personally liable to the Client for damage caused as a result of a delivered product or caused during the performance of the agreed services, unless the damage is caused by them personally intentionally and/or through serious misconduct or gross negligence. The Client shall indemnify the Contractor's employees in this regard.
13.8. The Contractor shall not be liable for damage if the Client has not held the Contractor liable by registered letter within fourteen days of the incident of damage, and the Contractor's ability to conduct an investigation into the damage and its causes has been restricted by the Client's failure to give notice in the aforementioned manner and period.
13.9. The Contractor shall at all times be entitled to undo or limit the Client's damage for which it is liable. The Client shall give provide the Contractor with the opportunity and lend his full cooperation to this end if requested.
13.10. The Contractor assumes no responsibility and accepts no liability for damage to or tampering with the Client's existing plant or equipment with which the Contractor is required to work, including when it is switched on/off. The Client guarantees the proper functioning of its own facilities and equipment vis-à-vis the Contractor.
14. Guarantees and warranties
14.1. A guarantee shall only be given in accordance with the guarantee conditions of the manufacturer of the products delivered by the Contractor and shall include a guarantee regarding the soundness and proper functioning of the work(s) performed or product(s) delivered by the Contractor. Apart from written manufacturer's and/or importer's guarantee, no separate guarantee shall be given by the Contractor for goods delivered, unless otherwise agreed in writing. Its duration shall be limited to 12 months from the date of delivery, completion, acceptance or commissioning, as long as the factory or the importer from which the Contractor procures its products has not been declared bankrupt or in suspension of payments or the factory and/or importer's guarantee cannot otherwise be secured or demanded from the Contractor.
14.2. Warranty provisions are only valid in case of destination-compatible use of the goods delivered or services performed, provided that use, application or operation took place in accordance with the instructions, information in the manuals and technical specifications provided to the Client.
14.3. Guarantees, in whatever form, shall never relate to any goods or services other than the product supplied by the Contractor and work(s) performed by the Contractor himself.
14.4. A guarantee ceases to apply if the Client does the following in respect of the service provided or the product delivered:
Modifies and/or makes repairs in and/or to the delivered product or has these modifications made by others, without the Contractor being involved;
Uses the service or product for purposes other than the normal ones or those in accordance with the quotation/order confirmation;
Treats and/or maintains the service or product inexpertly or there is normal wear and tear.
15. Electronic communication
15.1. During the execution of the order, the Client and the Contractor may communicate with each other by electronic means with regard to the work and/or use electronic storage (such as Cloud applications).
15.2. Except as otherwise agreed in writing, the parties assume and may assume that transmission of properly addressed messages, emails, text messages, other digital messages sent over the internet and voicemail messages are received reciprocally and that this mode of communication is accepted.
15.3. The Client and the Contractor shall not be liable to each other for any damage that may result for one or both of them as a result of the use of electronic means of communication, networks, applications, electronic storage, or other systems including - but not limited to - damage resulting from non-delivery or delay in delivery of electronic communications, omissions, distortion, interception or manipulation of electronic communications by third parties or by software/equipment used to send, receive or process electronic communications, transmission of viruses and non-functioning or improper functioning of the telecommunications network or other means required for electronic communications, except insofar as the damage is the result of intent, serious misconduct or gross negligence.
15.4. The data extracts from the computer systems of the Contractor provide compelling evidence of (the content of) the electronic communications sent by the Contractor until proof to the contrary is provided by the Client.
15.5. In the context of the execution of the agreement with the Contractor and the performance of work by the Contractor, the processing and collection of personal data of natural persons, employed by the Client, as referred to in the General Data Protection Regulation (GDPR) (EU) 2016/679) is necessary. These data shall not be used for other purposes, unless permission is obtained for that purpose.
15.6. The Client shall indemnify the Contractor against all claims for intrusion in the privacy of all those who belong to the Client's organisation, are involved in the performance of the order between the Contractor and the Client and who exercise their personal rights vis-à-vis the Contractor ensuing from the GDPR.
16. Applicable law
16.1. All agreements between the Contractor and the Client are governed exclusively by Dutch law.
16.2. Any dispute arising from the agreement between the Contractor and the Client or from the services provided , including collection of a claim, shall be submitted exclusively to the competent judge of the District Court of Gelderland, location Arnhem, with the exception of those disputes that by law fall under the jurisdiction of the Subdistrict Court.
16.3. The UN Convention on Contracts for the International Sale of Goods (also knowns as the Vienna Convention) shall not apply to agreements between the Client and the Contractor.
16.4. In the event of a difference in interpretation between the Dutch text of these Terms and Conditions and a translation thereof, only the interpretation according to the Dutch text shall apply.
16.5. If one or more provisions of these Terms and Conditions are set aside by a court, they shall be replaced through conversion by a provision or provisions in accordance with the then applicable law and the remaining provisions shall remain in full force and effect.
Filed with the District Court of Gelderland, location Arnhem on 7 January 2026 under:
number: 1/2026 (G. van Beek & Zn. Totaalproject B.V.)
number: 2/2026 (G. van Beek Betonindustrie B.V.)
number: 3/2026 (G. van Beek & Zn. Kalverstalinrichting B.V.).