Legal

Terms and Conditions

These are the terms and conditions of Rijschool L (the “Contractor”). The address of Rijschool L is Slotermeerlaan 58, 1064HC Amsterdam.

If you have any questions, please contact us via the contact form or by post: Rijschool L, Slotermeerlaan 58, 1064HC Amsterdam.

Rijschool L has the right to amend these terms and conditions. You agree that the latest version of these terms and conditions will always apply to the assignment. The parties may record deviating agreements in writing.

Article 1 – General

These terms and conditions apply to every offer, quotation and assignment between the Contractor and you (the “Client”). The Contractor will send you these terms and conditions free of charge on request. They are also available at www.rijschool-l.nl.

Article 2 – Formation of the assignment

The assignment is formed when the Client indicates agreement with the assignment.

Article 3 – Quotations and offers

All offers and quotations from the Contractor are without obligation, unless otherwise agreed. An offer in a quotation only applies to the specific underlying assignment (and not to any future orders).
If the Client provides data to the Contractor, the Contractor may assume this is correct and will base its quotation on it.

Article 4 – Price

The Contractor may increase the price in the interim if unforeseen circumstances that increase costs occur after the assignment has been formed.
The price excludes any expenses of the Contractor and excludes VAT and other government levies.

Article 5 – Payment and collection costs

The Client must always pay within fourteen days of the invoice date. The Contractor will invoice monthly.
If the Client does not pay the invoice on time, the Client is automatically in default. The Client then owes the statutory interest rate (if a consumer) or the statutory commercial interest rate (if a business) plus 1%. Interest on the amount due is calculated from the moment the Client is in default until the moment the full amount owed has been paid.
The Contractor’s full claim against the Client is immediately due and payable if: the Client exceeds a payment term; the Client is bankrupt or has been granted a suspension of payments; the Client (company) is dissolved or liquidated; the Client (natural person) is placed under guardianship or dies.
The Client exceeds a payment term;
The Client is bankrupt or has been granted a suspension of payments;
The Client (company) is dissolved or liquidated;
The Client (natural person) is placed under guardianship or dies.
If the Client does not pay on time, the Client is immediately in default. The Client then owes all extrajudicial collection costs to the Contractor. For an invoice amount up to €267, these costs will be €40. For a higher invoice amount, the maximum collection costs are as follows: 15% over the first €2,500; 10% over the remaining part up to €5,000; 5% over the remaining part up to €10,000; 1% over the remaining part up to €200,000; 0.5% over the remainder.
15% over the first €2,500;
10% over the remaining part up to €5,000;
5% over the remaining part up to €10,000;
1% over the remaining part up to €200,000;
0.5% over the remainder.

The Client exceeds a payment term;
The Client is bankrupt or has been granted a suspension of payments;
The Client (company) is dissolved or liquidated;
The Client (natural person) is placed under guardianship or dies.

15% over the first €2,500;
10% over the remaining part up to €5,000;
5% over the remaining part up to €10,000;
1% over the remaining part up to €200,000;
0.5% over the remainder.

Article 6 – Performance period

If the Client owes an advance payment or must provide information or materials, the period within which the Contractor must complete the work (the performance period) only starts once the payment, information or materials have been received by the Contractor.
If a period has been agreed or specified for the performance of the assignment, this is never a strict deadline. If a period is exceeded, the Client must first give the Contractor written notice of default.
The Client cannot dissolve the assignment due to the Contractor exceeding a period. This does not apply if performance is permanently impossible, or if the Contractor also fails to perform the assignment within a new period communicated in writing.

Article 7 – Third parties

The Contractor may (partly) have work carried out by third parties. Articles 7:404 (performance by a specific person), 7:407 paragraph 2 (joint and several liability) and 7:409 (death of a specific person) of the Dutch Civil Code do not apply.

Article 8 – Performance of the assignment

The Contractor will perform the assignment to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
The Contractor may perform the assignment in different phases and invoice the completed parts separately.
If the Contractor performs the assignment in phases, it may suspend the execution of the parts of a following phase until the Client has approved the results of the previous phase in writing.
The Client shall ensure that it provides the Contractor with all information or materials necessary for the Contractor to perform the assignment in a timely manner.
If the Client does not provide the necessary information or materials on time, the Contractor may suspend the performance of the assignment and invoice the additional costs resulting from the delay. The Contractor is not liable for damage arising because the Contractor relied on incorrect or incomplete data provided by the Client.

Article 9 – Changes to the assignment

If it becomes apparent during the assignment that it is necessary, for proper performance, to change or supplement the content of the assignment, the parties will do so in mutual consultation.
The Contractor may increase or decrease the agreed price. Where possible, the Contractor will provide a price quotation for this in advance. A change to the assignment may also change the specified performance period. The Client accepts the possibility of changes to the assignment, price and performance period.
The Contractor may refuse a request from the Client to change the assignment if this could have qualitative or quantitative consequences for the work.

Article 10 – Suspension, dissolution

The Contractor may suspend the assignment if, due to circumstances (beyond its control or of which it was unaware), it is temporarily unable to fulfil its obligations.
If performance is permanently impossible, the parties may dissolve the assignment for the part that has not yet been performed.
The Contractor may suspend or dissolve performance of the assignment if the Client fails to fulfil its obligations, does not fulfil them fully, or does not fulfil them on time. The Client must then pay the Contractor damages or compensation.

Article 11 – Interim termination

If the Contractor terminates the assignment in the interim, the Contractor will arrange for the transfer of the remaining work to third parties, unless the termination is attributable to the Client. If the transfer of the work involves additional costs for the Contractor, these costs are for the Client’s account.
The Contractor may terminate the assignment immediately (without owing any damages or compensation) in any of the following cases: the Client exceeds a payment term; the Client is bankrupt or has been granted a suspension of payments; the Client (company) is dissolved or liquidated; the Client (natural person) is placed under guardianship or dies; there is another circumstance whereby the Client can no longer freely dispose of its assets.
The Client exceeds a payment term;
The Client is bankrupt or has been granted a suspension of payments;
The Client (company) is dissolved or liquidated;
The Client (natural person) is placed under guardianship or dies;
There is another circumstance whereby the Client can no longer freely dispose of its assets.

The Client exceeds a payment term;
The Client is bankrupt or has been granted a suspension of payments;
The Client (company) is dissolved or liquidated;
The Client (natural person) is placed under guardianship or dies;
There is another circumstance whereby the Client can no longer freely dispose of its assets.

Article 12 – Force majeure

The Contractor does not have to fulfil its obligations in the event of force majeure.
During the period that the force majeure continues, the Contractor may suspend the obligations under the assignment. If this period lasts longer than 1 month, both parties may dissolve the assignment without being liable for damages.
If the Contractor has partially fulfilled its obligations and the fulfilled part has independent value, the Contractor may invoice the fulfilled part.

Article 13 – Retention of title

Everything supplied by the Contractor remains the property of the Contractor until the Client has fully complied with all its obligations.
The Client must do everything it can reasonably be expected to do to safeguard the Contractor’s property.
If the Contractor wishes to exercise its ownership rights, the Client gives unconditional and irrevocable permission to the Contractor to enter all places where the property is located, so that the Contractor can retrieve it.

Article 14 – Inspection

The Client must inspect what has been delivered at the moment it is made available or the work has been carried out. The Client must check whether the quality and quantity of what has been delivered matches what was agreed and whether it meets the requirements agreed by the parties.
The Client must notify the Contractor in writing of any visible defects within fourteen days of delivery. Any non-visible defects must be reported to the Contractor in writing within thirty days of discovery. The notification must contain a detailed description of the defect.

Article 15 – Complaints

The Client must report any complaints in writing within one month of discovering them (or, in the case of non-visible defects, after the Client could have discovered them).
If the Client submits a complaint on time, this does not suspend the Client’s payment obligation.
If the Client reports a complaint later, the Client is no longer entitled to repair, replacement or compensation.
If it is established that an item is defective and this has been reported on time, the Contractor will replace, repair or compensate for the defective item within a reasonable period after written notice of the defect by the Client.
If it is established that a complaint is unfounded, the costs incurred by the Contractor as a result (such as investigation costs) are entirely for the Client’s account.

Article 16 – Liability

The Contractor is only liable for direct damage to the Client that is a direct and exclusive result of a shortcoming by the Contractor.
The Contractor is not liable for damage arising because it relied on incorrect or incomplete data provided by the Client.
The Contractor’s liability is always limited to the invoice value, with a maximum of €500.00.
The Contractor’s liability is in any case limited to the amount paid out by its insurer in that case.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor.

Article 17 – Limitation period

The limitation period for all claims and defences against the Contractor is one year.

Article 18 – Indemnification

The Client indemnifies the Contractor against any claims from third parties who suffer damage due to the performance of the assignment and whose cause is not attributable to the Contractor.
If third parties hold the Contractor liable, the Client will assist the Contractor both out of court and in court and do everything that may be expected of it in that case.
If the Client does not take any measures, the Contractor may do so itself. All costs and damage incurred by the Contractor as a result are entirely for the account and risk of the Client.

Article 19 – Confidentiality

Unless there is a legal or professional obligation to disclose, the Contractor will keep all information from the Client confidential from third parties.
The Contractor will not use the information provided by the Client for any purpose other than that for which it was obtained, except when the Contractor is involved in proceedings in which these documents may be relevant.
The Client will not disclose the content of agreements, order confirmations, quotations, reports, advice or other written or unwritten statements of the Contractor and will ensure that third parties do not see their content.

Article 20 – Invalidity

If part of these terms and conditions is void or voidable, this does not affect the validity of the rest of the Agreement. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.

Article 21 – Conflicting clause

In the event that these terms and conditions and the agreement contain conflicting terms, the terms included in the agreement apply.

Article 22 – Applicable law

Dutch law.

Article 23 – Competent court

District Court of Limburg.