E-mail: Info@suijkerbuijk-co.co.uk
Website: www.suijkerbuijk-co.nl
Article 1 - Definitions
1. Suijkerbuijk+Co B.V.: Suijkerbuijk+Co B.V., established in Amsterdam, registered with the Chamber of Commerce under number 97096296.
2. Customer: The person or entity with whom Suijkerbuijk+Co B.V. has entered into an agreement.
3. Parties: Suijkerbuijk+Co B.V. and the Customer jointly.
4. Consumer: A Customer who is a natural person acting in a private capacity.
Article 2 - Applicability
1. These terms and conditions apply to all offers, services, work, and agreements by or on behalf of Suijkerbuijk+Co B.V.
2. Deviations are only valid if agreed upon in writing.
3. Any general terms and conditions of the Customer or third parties are expressly excluded.
Article 3 - Offers and Quotations
1. All offers and quotations are non-binding, unless explicitly stated otherwise.
2. Offers and quotations are valid for a maximum of 3 months, unless stated differently.
3. If the Customer does not accept the offer within the applicable period, it will automatically lapse.
Article 4 - Acceptance
1. If a non-binding offer is accepted, Suijkerbuijk+Co B.V. reserves the right to withdraw the offer within 3 days of receiving the acceptance, without the Customer deriving any rights.
Article 5 - Prices
1. All prices are in euros and exclusive of VAT, unless agreed otherwise in writing.
2. Suijkerbuijk+Co B.V. reserves the right to change prices at any time.
3. A guide price may be agreed; deviations must be justified and communicated in time.
4. The Customer has the right to cancel the part of the order that exceeds the target price.
5. Price adjustments will be announced before they take effect.
6. If a Consumer disagrees with a price increase, they may cancel the agreement.
Article 6 - Payments and Payment Terms
1. The agreed price may be split across multiple invoices during the year. If one deadline has passed, the amount will be reallocated across the remaining periods.
2. Payments must be made within 14 days of delivery.
3. The stated terms are strict deadlines; missing a deadline places the Customer in default automatically.
4. Suijkerbuijk+Co B.V. may require full or partial prepayment or a financial guarantee.
Article 7 - Consequences of Late Payment
1. Late payment incurs statutory commercial interest per month from the due date, calculated per full month.
2. The Customer must also pay extrajudicial collection costs and damages, if applicable.
3. Collection costs are calculated based on the Dutch Decree on Extrajudicial Collection Costs.
4. Suijkerbuijk+Co B.V. may suspend its obligations until payment is received.
5. In case of liquidation, bankruptcy, or suspension of payment, all claims become immediately due.
6. If the Customer refuses cooperation, the agreed price remains payable.
Article 8 - Right of Suspension
1. The Customer waives the right to suspend the performance of any obligations under this agreement.
Article 9 - Set-off
1. The Customer waives the right to offset any debt to Suijkerbuijk+Co B.V. with a claim against it.
Article 10 - Insurance
1. The Customer must insure the following against fire, explosion, water damage, and theft:
- items necessary for the performance of the agreement
- any property of Suijkerbuijk+Co B.V. in their possession
- items delivered under retention of title
2. The insurance policy must be submitted for inspection upon request.
Article 11 - Withdrawal of Order
1. The Customer may terminate the assignment at any time.
2. In such cases, the Customer is liable for payment of the agreed fees and any costs already incurred.
Article 12 - Complaint Obligation
1. The Customer must report complaints about the service immediately in writing, including a detailed description.
2. A complaint does not entitle the Customer to demand services beyond the original agreement.
Article 13 - Guarantee
1. For services, Suijkerbuijk+Co B.V. only commits to a best-efforts obligation, not a result guarantee.
Article 14 - Execution of the Agreement
1. Suijkerbuijk+Co B.V. will perform the agreement to the best of its knowledge and abilities.
2. The work may be performed (partially) by third parties.
3. Execution takes place after a written agreement and possible prepayment.
4. The Customer must enable Suijkerbuijk+Co B.V. to start on time; delays caused by the Customer will incur additional costs.
Article 15 - Customer Information
1. The Customer provides all information necessary for proper execution in a timely and accurate manner.
2. The Customer is responsible for the correctness and completeness of all provided data, including that from third parties.
3. Upon request, Suijkerbuijk+Co B.V. will return the submitted documents.
4. Delays due to missing, incorrect, or late information will result in additional costs for the Customer.
Article 16 - Confidentiality
1. The Customer shall treat all received information as confidential.
2. This includes all other information of which confidentiality is to be reasonably expected.
3. The Customer shall take all necessary steps to ensure confidentiality.
4. Confidentiality does not apply to:
- information already public prior to disclosure
- information that must be disclosed by law
5. The duty of confidentiality remains in force for 3 years after contract termination.
Article 17 - Penalty Clause
1. Breach of confidentiality or intellectual property results in an immediate penalty.
2. The penalty is €1,000 for consumers and €5,000 for business customers.
3. An additional 5% per day is charged for continued violations.
4. No formal notice or actual damages are required for the penalty to apply.
5. Suijkerbuijk+Co B.V. may claim additional compensation.
Article 18 - Indemnification
1. The Customer indemnifies Suijkerbuijk+Co B.V. against claims from third parties regarding delivered goods or services.
Article 19 - Complaints
1. The Customer must examine delivered services for defects immediately.
2. Defects must be reported within 1 month of discovery.
3. The complaint must be detailed enough for an appropriate response.
4. The Customer must prove the complaint relates to the agreement.
5. Complaints about ongoing work do not entitle the Customer to demand different work.
Article 20 - Notice of Default
1. Any notice of default must be submitted in writing.
2. The Customer is responsible for timely receipt by Suijkerbuijk+Co B.V.
Article 21 - Joint Liability
1. If multiple Customers enter into the agreement, each is jointly and severally liable for its performance.
Article 22 - Liability of Suijkerbuijk+Co B.V.
1. Suijkerbuijk+Co B.V. is only liable for damages caused by intent or gross negligence.
2. Liability only covers direct damage related to the agreement.
3. Suijkerbuijk+Co B.V. is not liable for indirect damage such as loss of profit or consequential loss.
4. Liability is limited to insurance coverage, or otherwise to the invoice amount related to the liability.
5. Website and catalogue visuals are indicative and non-binding.
Article 23 - Limitation Period
1. Any claim for damages expires 12 months after the event that caused the liability.
Article 24 - Termination
1. The Customer may terminate the agreement in case of material breach.
2. If performance is still possible, termination requires prior notice of default.
3. Suijkerbuijk+Co B.V. may terminate the agreement if the Customer fails to comply or is expected to fail.
Article 25 - Force Majeure
1. In addition to Article 6:75 of the Dutch Civil Code, force majeure includes:
- war, natural disasters, or civil unrest
- failure or force majeure by suppliers
- power or telecom outages, computer viruses
- strikes, government measures, transport issues, extreme weather
2. During force majeure, obligations are suspended.
3. If force majeure lasts over 30 days, either party may terminate the agreement.
4. No compensation is due during force majeure, even if Suijkerbuijk+Co B.V. benefits from it.
Article 26 - Amendment of the Agreement
1. Amendments may be made by mutual agreement if necessary for execution.
Article 27 - Amendment of Terms and Conditions
1. Suijkerbuijk+Co B.V. may change these terms.
2. Minor changes can be made at any time.
3. Major changes will be discussed with the Customer in advance.
4. A Consumer may terminate the agreement in case of significant changes.
Article 28 - Transfer of Rights
1. The Customer may not transfer any rights from the agreement without written consent.
2. This clause has proprietary effect as defined in Article 3:83(2) of the Dutch Civil Code.
Article 29 - Invalidity
1. If any provision proves invalid, the rest remains in effect.
2. The invalid provision will be replaced with one that best reflects the original intent.
Article 30 - Governing Law and Jurisdiction
1. These terms are governed by Dutch law.
2. The court in the district of Suijkerbuijk+Co B.V.'s registered office has exclusive jurisdiction, unless the law dictates otherwise.
Created on 29 April 2025.