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Terms and Conditions

General terms and conditions of the private company Hartevelt Beheer B.V. and with offices in De Meern and with its affiliated companies, as filed on February 27, 2009 under no. 47/2009 at the registry of the district court in Utrecht.

Article 1 – Applicability

1.1. These terms and conditions apply to all our offers and to all agreements that we conclude with persons acting in the exercise of a profession or business and offers and agreements that we conclude with consumers. Provisions deviating from these terms and conditions apply if and insofar as they have been confirmed by us in writing and only apply to the agreement under which they have been drawn up.

1.2. Offers and agreements relating to cleaning of clothing, etc., where in addition to the conditions 1.1. consumers are also part of it. Contrary to the provisions of Article 1.1, the General Terms and Conditions for Textile Cleaning for Consumers of the Dutch Association of Textile Cleaners (see appendix NETEX conditions) apply.

Article 2 – Offers

2.1. All our offers are without obligation.

Article 3 – Formation of the agreement

3.1. Agreements with us are concluded as soon as we have sent the order confirmation or have started the execution of an order or the client has given written order.

3.2. Orders from the other party will be processed by us if correct and complete information is stated on the order. We may refuse incomplete or unclear orders.

3.3. If we agree to a change to an order accepted by us, all costs arising from the change may be charged, including the costs already incurred in connection with the execution of the original order.

Article 4 – Prices

4.1. All our prices are exclusive of turnover tax (VAT) and other levies and/or taxes that are and/or are imposed by the government.

4.2. If changes occur in the cost components during the term of the agreement, we reserve the right to pass on price increases to the other party.

Article 5 – Terms

5.1. Agreed terms will be observed by us to the best of our ability. Exceeding these terms does not give the other party the right to claim dissolution of the agreement and/or compensation.

Article 6 – Delivery of goods by the other party

6.1. Upon delivery of the goods to be handled by us, the other party must follow our changes at its own expense. The goods to be handed over must be accompanied by a consignment note stating at least the type of goods and the numbers thereof, while it must furthermore show under which order these goods fall. All risks and costs that may arise from non-compliance or improper compliance with the provisions herein are for the account of the other party.

6.2. The other party may only pack the goods to be delivered to us in materials that can be disposed of in our usual manner, without additional costs. We can refuse goods that are not packed in this way. If we accept these items, we are authorized to charge the extra disposal costs to the other party.

6.3. If items are handed over to us that come from families, companies or institutions, etc. where an infectious disease is or has been prevalent, this must be clearly stated when the items are presented. In the case of goods with such an origin, we are entitled to determine that the goods in question are decontaminated in advance, at the expense of the other party. If we suffer damage, including indirect damage, due to non-compliance with the notification obligation referred to here, the other party will be liable for this. The other party will indemnify us against claims from third parties for compensation of damage caused by non-compliance with the notification obligation referred to above.

6.4. When the goods are handed over to us, they will be counted by us. If the goods are delivered in packages, the number of packages is counted; if the cases are handed over pending, the number of pending cases is counted. Goods delivered in packages are only accepted subject to the correct content, both in terms of numbers, type and quality. The result of the count is recorded in writing. The person delivering the goods will be authorized to sign this count for approval on behalf of the other party. Goods that are not or not properly packed or goods that are delivered in damaged packaging can be refused by us. The same applies if the provisions of Article 6.1. has not been fulfilled.

Article 7 – The performance of work assigned to us

7.1. The work assigned to us will be carried out by us with due observance of what we have agreed with the other party.

7.2. If and insofar as it has not been expressly agreed otherwise with the other party, we will always observe the regulations that appear from the treatment and/or composition labels. If the goods to be handled are not provided with treatment and/or composition labels that are legible to us and no specific conditions have been agreed with the other party, the goods are deemed to be able to be handled in the manner customary in our sector.

7.3. If our work consists of repairing improperly produced or damaged clothing, we have fulfilled our obligations if we have achieved a reasonable result, given the nature of the error to be repaired.

7.4. If, during the performance of the work, it is established in our opinion that the work assigned cannot lead to the result intended by the agreement, we shall, without prejudice to the other party’s payment obligation arising from the order, be authorized to continue our work. to put. In that case, continuation of the work is at the risk of the other party.

7.5. We are authorized to have the work assigned to us carried out in whole or in part by third parties.

Article 8 – Extra work

8.1. Work not included in the assignment will be carried out on the basis of subsequent calculation at our applicable rate.

Article 9 – Storage

9.1. Goods are stored in a manner that is generally suitable for textiles. If a special method of storage is necessary, this must be reported to us when placing the order. Failure to make such a notification is at the risk of the other party, after which it will be charged accordingly.

9.2. If the other party’s goods are included in a fictitious customs warehouse, these goods can only be disposed of with due observance of all government regulations for that case.

Article 10 – Delivery of goods to the other party

10.1. The person who receives the goods on behalf of the other party checks whether the freight corresponds with the statement in the consignment note and signs the consignment note for approval. 10.2. The goods to be delivered by us to the other party will be packed by us in the manner agreed with the other party. In the absence of an agreement about this, the goods will be packed in our usual manner. We are authorized to pass on the packaging costs to it, unless expressly agreed otherwise.

Article 11 – Transport

11.1. If we are obliged to provide transport on the basis of the agreement, we can charge the associated costs separately to the other party at our applicable rates. The choice of transport is reserved to us. Transport always takes place at the risk of the other party under conditions for general transport conditions for domestic transport in accordance with A.V.C. 2002. Foreign transport takes place following C.M.R. conditions.

Article 12 – Advice

12.1. If our advice is requested, we will advise as carefully as possible. However, we are not liable for the correctness of the advice given by us and for any damage that may arise as a result, unless the other party proves that a reasonably acting person comparable to us, under the circumstances in which we advised, would reasonably have followed the advice given by us. had not given. We are authorized to charge the other party for our consultancy work and the costs incurred in that context, such as the costs of making samples or tests, etc., at our usual rates.

Article 13 – Insurance

13.1. The other party is responsible for insuring its goods that are handled and stored by us, to cover damage for which we have excluded liability in the present general terms and conditions and agreements to be concluded.

Article 14 – Invoicing and payment terms

14.1. Payment must be made within 21 days of the invoice date, in full and without any appeal to discount and/or set-off, for whatever reason, unless the invoice specifies a different payment term, which then applies in that case.

14.2. If we provide customs facilities on the instructions of the other party, we are authorized to require the other party to pay us all associated costs at our first request, by means of a telephone transfer at its expense, within 48 hours.

14.3. If the agreed payment terms are exceeded, the other party will owe us default interest equal to the statutory interest, but with a minimum of 1% per month or part thereof, without notice of default being required.

14.4. All costs, both extrajudicial and judicial, which we must incur to collect the amount owed to us, are for the account of the other party. The extrajudicial costs of legal assistance will be charged to the other party with a minimum of 15% of the total amount to be collected.

14.5. We are entitled to suspend the performance of an agreement in whole or in part if circumstances come to our knowledge that give us grounds to fear that the other party will not fulfill its obligations towards us.

Article 15 – Retention

15.1. For all outstanding claims of us against the other party, for whatever reason, we have the right to retain the goods of the other party held by us, until those claims with interest and all costs have been paid in full.

Article 16 – Complaints

16.1. Complaints from the other party, meaning that the number of delivered goods does not correspond with the consignment note or that the number does not correspond with the order of the other party, must be reported on the consignment note no later than upon receipt, failing which the consignment note is deemed to state the correct number of items. If the number of delivered goods does not correspond to the numbers stated in the consignment note, it will be assumed that this is the result of an administrative error, including a counting error, unless the other party proves otherwise.

16.2. Complaints from the other party, meaning that the number of goods delivered does not correspond to the type of goods stated on the consignment note or that the goods have not been handled correctly, must be reported by the other party no later than 24 hours after the goods have been delivered, failing which whose consignment note is deemed to indicate the correct type of goods and the goods are deemed to have been handled correctly. 16.3. Our handling of returned goods does not affect the payment obligation of the other party.

Article 17 – Liability

17.1. If we are liable, our liability is in all cases limited to a maximum of the invoice value of the order from the other party, during the execution of which we have become liable for damages. The other party must indemnify us against damage caused by third parties.

17.2. Without prejudice to the provisions above, we are never liable, except for intent or gross negligence, for direct damage or consequential damage, which has arisen: a. because the item to be processed by us has properties and/or components that we need not reasonably be recognized and which makes the item unsuitable for the treatment applied, such as, for example, low strength, insufficient loop resistance of the pile fabrics, weaving defects, insufficient fastness of the dyes, damage caused by chemicals used during dyeing or printing or by weighting, finishing or – or impregnating agents, faulty confection, shrinkage, permeable tensions in the goods, etc. etc.; b. due to incorrect, incomplete or illegible or unusually placed labeling or labeling in a foreign language; c. due to incorrect material specifications; d. due to the presence of objects in or on the goods as well as damage caused by loss of or damage to buttons, buckles, zippers, trims and belts, etc., which are attached to the goods to be handled; e.because the work assigned to us consists of washing, chemically cleaning and/or reconditioning items that have properties as a result of which the agreed result cannot be achieved.

17.3. We are not liable for stock differences, unless the difference is demonstrably caused by intent or fault on our part.

17.4. The other party is liable to us for compensation of all damage suffered by us because objects of any nature whatsoever that are in or on the goods originating from it, other goods that are being processed simultaneously with them, are damaged or damaged. work in.

Article 18 – Force majeure

18.1. Force majeure means any circumstance beyond our control (even if this was foreseeable at the time of the conclusion of the agreement), which temporarily or permanently prevents the fulfillment of the agreement as well as, insofar as already understood or not, war. , danger of war, civil war, strikes, lockouts, transport difficulties, fire and other disruptions in our company or our suppliers.

Article 19 – Legal requirements

19.1. We do our best to comply with and act in accordance with all applicable statutory regulations in the performance of the agreed work.

19.2. We guarantee strict compliance with the obligations arising for us from social insurance and payroll tax legislation.

Article 20 – Quality Control

20.1. We are not obliged to check the quality of the goods delivered to us, unless this has been agreed with the other party.

Article 21 – Final provisions

21.1. Dutch law applies to all agreements and offers to which these terms and conditions apply in whole or in part.

21.2. We are authorized to submit all differences arising from an offer or an agreement to which our terms and conditions apply in whole or in part to the competent court in Utrecht, except insofar as any mandatory legal provision dictates otherwise.