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GENERAL TERMS AND CONDITIONS OF TRAINS & CO B.V.
- These General Terms and Conditions apply to all instructions, follow-up instructions, amended instructions and/or subsequent instructions to Trains & Co B.V.
- All instructions are deemed to be accepted and performed by Trains & Co B.V., even if it was the express or implied intention that an instruction was to be performed by a specific individual. The application of articles 7:404 and 7:407 (2) of the Dutch Civil Code is expressly excluded.
- In the event that Trains & Co B.V. is instructed by several principals, all principals are jointly and severally liable for the obligations arising from or relating to the instruction.
- The principal shall indemnify and hold harmless Trains & Co B.V. and persons involved in the performance of the instruction against any claims by third parties arising from or relating to the instruction.
- Any liability of Trains & Co B.V. and persons involved in the performance of the instruction is limited to the amount covered under Trains & Co B.V.’s professional liability policy. The terms and conditions of the policy are available upon request. If for whatever reason no compensation is paid under the professional liability policy, any liability is limited to the amount involved for salary in that specific matter, and this up to a maximum amount of EUR 25,000.
- Each right to compensation for damages expires after the mere lapse of 12 months.
- Third parties to be engaged by Trains & Co B.V. shall be selected with due care. Trains & Co B.V. is not liable, however, for any failure or default by any such third party. The principal authorizes Trains & Co B.V. to accept any limitation of liability stipulated by third parties on behalf of the principal.
- Instructions are taken exclusively on behalf of the principal. Third parties cannot derive any rights from the contents of the work performed by Trains & Co B.V.
- Each invoice must be paid within fourteen days after the invoice date. A failure to do places the principal in default without requiring further notice thereof and the legal (commercial) interest as described in Article 6:119 a of the Dutch Civil Code is due.
- In the event that the principal fails to provide the information requested, does not fulfil its (payment) obligations or (otherwise) obstructs the performance of the work Trains & Co B.V. is authorized to terminate the instruction immediately.
- Trains & Co B.V. reserves the right to revise the rates it charges annually to bring them in line with price developments.
- Trains & Co B.V. and the principal may communicate via electronic means of communication, recognize that certain risks may be involved, and are not liable for any damage or loss incurred by either of them as a result of the use of electronic communications (in relation to third parties).
- Pursuant to legislation (including the Act on the Prevention of Money Laundering and Terrorist Financing (Wet ter voorkoming van witwassen en financieren van terrorisme-WWFT) Trains & Co B.V. is obliged to verify the identity of its principals and to report certain unusual transactions to the authorities in certain circumstances. By instructing Trains & Co B.V. the principal confirms that he is aware of these obligations.
- These General Conditions have also been drafted and agreed upon (as third party stipulations in the sense of art. 6:253 of the Dutch Civil Code) for the benefit of the director and shareholder of Trains & Co B.V., the director of its shareholder and all persons involved in the performance of the instruction.
- The legal relationship between Trains & Co B.V and the principal is governed by Dutch law. Any disputes shall be brought exclusively for the Court of Rotterdam.
- The Dutch version of these General Terms and Conditions prevails over the English version.