Terms and Conditions
GENERAL TERMS AND CONDITIONS
Of BAVAK BEVEILIGINGSGROEP B.V. ("BAVAK"), a private limited liability company having registered offices in Noordwijk (ZH) the Netherlands, filed with the Chamber of Commerce in Leiden, the Netherlands, under number 28054318.
PART I Article 1. Definitions In these General Terms and Conditions, "Client" will be understood to mean: every legal person or legal entity that has concluded or wishes to conclude an agreement with BAVAK, and in addition, that legal persons or entities authorised representative or representatives, agent or agents and successor or successors.
Article 2. Applicability
- All offers, confirmations, agreements, deliveries, acceptances and assemblies will be governed exclusively by the current General Terms and Conditions, unless the parties expressly agree otherwise in writing.
- Additions to or deviations from these General Terms and Conditions must be expressly agreed in writing.
- The applicability of the General Terms and Conditions of the Client will be expressly excluded, unless BAVAK expressly accepts the applicability of the General Terms and Conditions of the Client in writing.
Article 3. Offers and agreements
- All offers made by BAVAK will always be free of obligation, unless expressly agreed otherwise.
- Alterations and/or additions therein will not bind BAVAK unless these are confirmed in writing by BAVAK.
- An agreement between BAVAK and the Client will only be concluded when an assignment is confirmed in writing by BAVAK, or if BAVAK has executed the order, either wholly or in part.
- In the event of entering into an agreement, BAVAK will be entitled to request security for the financial fulfilment of the agreement to be concluded. The refusal of the Client to provide security will entitle BAVAK to reject the order.
- BAVAK will be entitled to engage third parties for the performance of its work and to pass on the costs hereof to the Client.
Article 4. Prices
- All prices and rates will be in Euros and will be exclusive of Dutch VAT and other levies imposed by the government at the time of acceptance of the order.
- All prices will be based on cost prices that apply at the time of the offer. If these cost prices have risen as a result of an increase in the price of raw materials, other materials, auxiliary materials, components, transport costs, wages, insurance premiums, tax expenses, import duties, exchange rates, etc., since the date of the offer, BAVAK will be entitled to increase the price accordingly.
- The provisions of the previous paragraph will also apply if these cost increasing factors were foreseeable at the time when the agreement was concluded.
- However, if the cost price increases in accordance with paragraph 2 amounts to more than 15%, the Client will be entitled to cancel the order within three days of being notified thereof.
- In the event of deliveries/orders of less than € 500,00 BAVAK will be entitled to charge the forwarding costs.
Article 5. Delivery
- Indicated delivery times will never be considered as deadlines, unless expressly agreed otherwise. Consequently, in the event of deliveries not being made on time, BAVAK must be given notice of default and issued with a final delivery period.
- Any exceeding of the agreed delivery dates will not entitle the Client to claim damages in whatever form, to non-acceptance or total dissolution of the agreement or to the complete or partial suspension of any obligation of the Client arising from the agreement, unless gross negligence or an intentional act or omission is at issue.
- BAVAK’s delivery obligation will be fulfilled by the mere offering of items. The receipt signed by the Client or their representative will serve as complete proof of delivery. In the event of non-acceptance, the costs will be for the account of the Client.
- If the Client is negligent in its obligation to perform actions that is part of the delivery, the products will be for the risk of the Client from the time that they are ready for forwarding.
- When the agreed delivery time is postponed, outside the fault of Bavak, Bavak reserves the right to charge 100% of the contracted amount, supplemented with any additional storage costs and transportation cost, minus installation costs.
Article 6. Retention of title and transfer of ownership
- As long as the Client has not fulfilled all of its payment and other obligations to BAVAK, the delivered items will remain the property of BAVAK.
- The Client will not be entitled to offer the delivered items to take as security or to transfer ownership of these items to third parties or surrender them for use by third parties, until the Client has fulfilled its payment or other obligations to BAVAK. Until that time, the Client will have the delivered items on loan.
- If the Client fails to fulfil any obligation arising from the agreement or fails to fulfil that obligation properly or on time, or if another situation arises as referred to in article 7.1., BAVAK will be entitled to repossess the items without judicial intervention. For this purpose, the Client will grant BAVAK irrevocable authorisation to enter the area or areas where the delivered items are present. If they fail to do so, the Client will forfeit a penalty of € 500,00 per day.
- In the event of BAVAK actually repossessing the items, the agreement will be dissolved in accordance with article 7.1.
- The Client will be obliged to give BAVAK direct written notification if third parties exercise rights on the items delivered by BAVAK, in so far as these items are not – yet – the property of the Client, also if any situation arises in accordance with the provisions of Article 7.1. Should it turn out that the Client has not fulfilled this obligation, it will forfeit a penalty of 15% of the amount it owes to BAVAK, exclusive of Dutch VAT, with a minimum of € 250,00.
Article 7. Notice of termination and termination of the agreement
- BAVAK reserves the right to terminate the agreement with the Client without judicial intervention, if the Client: a. requests a suspension of payments or files for bankruptcy, is declared bankrupt or is put under administration b. does not fulfil any – payment – obligation arising from the agreement, or does not fulfil this obligation properly or on time c. decides to liquidate and/or halt its business operations d. loses the disposition over its assets or, if the Client is a natural person, is placed under guardianship or dies
- In the event of termination as referred to above, all claims against the Client will be payable forthwith and BAVAK will also be entitled to claim full compensation for damages, loss of profit and/or loss of interest.
- The ‘loss of profit’ item will amount to at least 15% of the agreed price with a minimum of € 500,00 (exclusive of Dutch VAT), subject to proof to the contrary; the ‘loss of interest’ item will be equal to the statutory interest.
Article 8. Cancellation agreement
By one-sided termination of the agreement, cancellation by Client, BAVAK reserves the right to charge the Client 15% of the total contract sum; to compensate the costs and loss of profits.
Article 9. Guarantee and other claims
- Unless otherwise agreed in writing, BAVAK guarantees the proper execution of the agreed performance for a period of twelve months, as detailed in the following paragraphs. For goods and materials, the warranty period applies from the time of delivery. For services and works the warranty period applies from the time of completion.
- If the parties have agreed to deviating warrantee conditions, the provisions of this article will remain in full force, unless this conflicts with those deviating warrantee conditions.
- If the agreed performance has not been executed properly, BAVAK will decide within a reasonable period of time whether it will still perform the work properly or credit the client for the relevant part of the contract amount.
- If BAVAK opts to still execute the performance properly, it will determine the manner and time of execution. The Client must in all cases offer BAVAK the opportunity to do so. If the agreed performance (also) included the processing of material provided by the client, the Client must supply new material at its own expense and risk.
- The Client is responsible for sending parts or materials that are to be repaired or replaced by BAVAK to the business location of BAVAK.
- The following items are not part of the warranty and will be charged to the client: a. all transport or shipping costs b. costs for dismantling and assembly c. travel and lodging expenses and travel time
- BAVAK is only obliged to implement the warranty if the Client has fulfilled all its obligations.
- The warranty does not cover defects that are the result of:
- normal wear and tear; acts of gods; improper use; lack of maintenance or maintenance carried out incorrectly; installation assembly, modification or repairs carried out by the Client or third parties; faulty or unsuitable goods originating from or prescribed by the client; faulty or unsuitable materials or tools used by the client No warranty is given for:
- goods delivered that were not new at the time of delivery; inspections and repairs carried out on goods owned by the Client, parts that are subject to a manufacturer’s guarantee
Article 10. Liability
- BAVAK will not be responsible for damage on the part of the Client, Client or third parties that has arisen as a consequence of the delivered items, except for damage that is covered by the relevant insurance policies taken out by BAVAK up to the amount payable under the insurance policy. If in any case the insurance policy does not result in payment, the liability will not exceed the net invoice amount of the agreement, exclusive of Dutch VAT.
- BAVAK will never be obliged to pay trading loss (breakdown of operations, loss of income, etc.) and consequential loss that has occurred for whatever reason, including delays in the delivery time of materials or services.
- The Client will indemnify BAVAK and its employees against claims of third parties relating to damage that has been caused by the use of services and materials supplied by BAVAK.
- The Client will indemnify BAVAK against claims of third parties that have performed work for the purpose of projects and/or services on the instruction of the Client or Client. BAVAK will not be responsible for the costs and damage that have arisen as a result of actions or omissions by the Client or by third parties engaged for the project by the Client.
- If the Client fails to provide BAVAK with all timely assistance, data and information that BAVAK considers necessary or useful in order to perform the work and make deliveries, the Client will never be able to claim damages or derive any other rights in the event of non-fulfilment of the agreement by BAVAK.
- BAVAK will not be liable for the delivered materials selected by the Client and will not guarantee that the delivered items and materials will be suitable for the use intended by the Client, unless the Client has expressly informed BAVAK of its intentions beforehand and has not made any subsequent alteration or alterations.
- BAVAK will not be liable for any direct or indirect damage to items that the Client has forwarded to BAVAK for processing or incorporation.
- The Client will ensure the application of all safety measures and warnings prescribed by law.
- The liability restrictions included in this article will not apply in so far as the damage is the result of an intentional act or omission or gross negligence on the part of BAVAK or its subordinate management.
Article 11. Payment
- Unless agreed otherwise in writing, all payments must be made within 30 days of the invoice date, either in cash or by payment into a bank or giro account designated by BAVAK.
- All payments must be made without setoff. The Client may not suspend its payments for any reason whatsoever.
- If BAVAK has not received the invoice amount from the Client within the set period, the Client will be in immediate default. In that case, the Client will owe a – default – interest in accordance with the statutory interest with the statutory rate as of per the day, applicable during the period that the Client remains in default, with every part of a month counting as a whole month.
- If the payment has not been received within 30 days of the invoice date and if BAVAK then takes legal action to obtain this payment from the Client, the latter will be obliged to pay the judicial or extra-judicial collection costs incurred by BAVAK, which will be set at a minimum of 15% of the principal sum (or a part thereof), such with a minimum of € 250,00, without prejudice to any litigation costs owed by the Client by virtue of a court ruling.
- All payments made by or on behalf of the Client will first be used to settle interest and costs owed and subsequently invoices that have been unpaid for the longest period, even if the Client indicates that the settlement relates to a later invoice.
- If the Client remains in default with the payment of a part-delivery or delivery phase, BAVAK will be entitled to suspend the remaining orders or phases for the period during which the Client fails to pay a – part – invoice outstanding, without prejudice to the right of BAVAK to terminate the order or orders definitively following notice of default and to demand payment of all amounts claimable by BAVAK at that time. In that case, BAVAK will also be entitled to damages in accordance with article 7.
Article 12. Force majeure
- Force majeure will be understood to mean: a situation due to facts and circumstances beyond BAVAK’s control, which will result in BAVAK being unable to perform the order in accordance with the agreements reached, e.g. time lost through frost, strikes or sit-down strikes, lockouts, fire, technical failures at the company, traffic obstructions or transport problems, lack of raw materials or other materials, continuing default on the part of its suppliers, for whatever reason, mobilisation, states of siege, riots and civil commotion, import or export restrictions and other government measures or regulations, and any additional circumstance on which BAVAK cannot reasonably exert any influence.
- In the event of force majeure, BAVAK will be entitled to suspend the agreement without judicial intervention as long as the force majeure situation continues, or to terminate the agreement in accordance with article 12.3, without BAVAK being obliged to pay any damages or penalty to the Client.
- However, in the event of a suspension of the performance of an order continuing for more than three months, the Client will be entitled to terminate the agreement, unless the specific circumstances of a case justify a shorter period. The Client must be able to demonstrate these specific circumstances.
- In the event of termination as referred to above, BAVAK will be entitled to demand payment for all that has been delivered or performed up until that time and BAVAK will not be obliged to pay any damages or penalty to the Client.
Article 13. Complaints
- Complaints will only be dealt with if BAVAK receives written notification thereof by registered letter within eight days of receipt of the products.
- Complaints made in any other way, complaints made to intermediaries, or complaints which reach BAVAK at a later date, will have no effect as regards acceptance. In the event of complaints being received on time, the Client will give BAVAK the opportunity to verify its complaint. If the Client fails to do so, the complaint will not be eligible for processing.
- If the complaint is considered valid by BAVAK, BAVAK will be given the necessary time to take what it considers to be appropriate measures, or to replace the rejected items.
- Complaints will not be dealt with if it turns out that third parties have made changes or carried out repairs to the items, except in cases where this has taken place with the prior knowledge of BAVAK and in emergencies in which the Client was unable to consult with BAVAK beforehand, but nevertheless notified BAVAK of the emergency immediately. Return consignments will not be accepted, unless agreed in writing beforehand.
- Complaints relating to – part – invoices must be received by BAVAK by means of registered letter within five working days of the forwarding date.
- Following the expiry of the periods referred to above, the Client will be considered to have approved the delivered items, work performed or invoice. In that case, complaints will no longer be dealt with by BAVAK.
- Complaints will not release the Client from its obligation to pay on time in accordance with article 11. Damages will be excluded.
- If the Client does not fulfil its – payment – obligations, BAVAK will not be obliged to accept the complaint and any rights to replacement delivery or damages will lapse.
Article 14. Applicable law
All agreements entered into with BAVAK will be governed by the Dutch law.
Article 15. Disputes
All disputes arising from transactions governed by these General Terms and Conditions will be adjudicated exclusively by the competent court in BAVAK’s place of business, except if BAVAK is entitled to bring the dispute before the competent court in the Client’s place of business or domicile.
PART II In addition to Part I, Part II of these General Terms and Conditions will apply if BAVAK has also provided the design and/or performs the assembly.
Article 16. Offers Subject to the determinations in article 3, the following terms will also apply:
- Offers and assignments will be made or accepted on the basis of data, trademarks, amounts and drawings submitted to BAVAK in writing.
- The delivery and/or performance will be made on the basis of the drawings referred to in paragraph 1 with observance of the alterations made by the Client and accepted by BAVAK in writing.
- BAVAK will not accept any liability whatsoever for the accuracy of the data, trademarks, amounts and drawings referred to in Article 1 supplied on behalf of the Client. In addition, BAVAK will not accept any liability for the accuracy of its data, calculations, trademarks, amounts and drawings.
- Copyrights to designs, drawings, calculations, etc. submitted by BAVAK will be explicitly reserved.
Article 17. Payment
- Without prejudice to the provisions of article 11, payment relating to delivery with design and/or assembly must be made as follows: Payment ≤ 1.500 euro a. 100% directly when the order is placed, payment by return Payment ≤ 5.000 en > 1.500 a. 50% directly when the order is placed, payment by return b. 50% directly by starting the installation, payment within 30 days Payment > 5.000 a. 30% directly when the order is placed, payment by return c. 60% directly by starting the installation, payment by return b. 10% directly by delivery, payment within 30 days
- If the delivery is delayed at the request of the Client, or if the Client has failed to fulfil its obligations or failed to fulfil them on time or did not enable BAVAK to complete its constructional activities or complete these on time, BAVAK will be entitled to demand payment of the instalments still to be paid at the time that these would have been payable in the event of normal performance of the assignment.
Article 18. Extra work
Extra work will only take place based on a written agreement. BAVAK will determine the price of the extra work based on the rates that is assumed during its calculations.
Article 19. Delivery
Without prejudice to the provisions of article 5, the following stipulations will apply with respect to assembly:
- The Client shall bear the risk for the components to be assembled from the time of delivery. If, through no fault of BAVAK, any component is unable to be delivered at the same time as other components ready for delivery, and BAVAK is of the opinion that this will not affect the performance of the work, the final delivery will not be suspended as a result. However, the payment instalment due at the final delivery will be reduced by the price of the undelivered item.
- The delivery time will be determined subject to the condition that the circumstances under which work can be performed by BAVAK remain the same as at the time of the conclusion of the agreement, and that the necessary materials and/or components are delivered to BAVAK on time. If a delay occurs because the intended circumstances are changed and the necessary materials and/or components, although ordered on time, have not been delivered to BAVAK on time, the delivery time will be extended by the period of this delay.
- In the event that the deliveries of the components to be assembled and/or the assembly cannot be delivered on the agreed date/dates due to force majeure as referred to in article 12, the Client will be notified of this by BAVAK. In that case, the materials will be stored by BAVAK, for the account and at the risk of the Client and will be ready on demand.
- In the event of assembly assignments, BAVAK will not be obliged to commence its work before construction is sufficiently advanced and the necessary preparatory work has been completed, such to be at BAVAK’s discretion. In addition, the Client must have paid its due payment instalments.
- If as a result of circumstances attributable to the Client the assembly cannot progress without interruption, BAVAK will be entitled to recover the subsequent damage from the Client.
- Delayed delivery will not entitle the Client to refuse purchase or performance.
Article 20. Material inspection
If the Client wishes to inspect the material, the inspection must be carried out at the location where it is manufactured and where it is ready for forwarding.
Article 21. Obligations of the Client in the event of assembly or acceptance
- The Client shall make sufficient storage space available free of charge that is soundly protected against damage.
- The Client shall make adequate accommodation available free of charge for staff.
- Before work commences, the Client will ensure that there are sufficient and sound access roads from the public highway to the worksite.
- There must be a sound working surface present that is suitable for hoisting gear. 5. A connection for the use of electric power or three-phase current will be made available free of charge by the Client.
- The Client will ensure that work that is not part of the BAVAK assignment is carried out properly and on time, so that the assembly of the system/structure will not be delayed as a result.
- The Client will ensure that such lighting is present that the assembly work can be carried out in artificial light.
- All costs arising from the Client failing to fulfil the obligations stated above properly or on time, may be charged by BAVAK.
- As soon as the agreement is concluded, BAVAK will be entitled to erect billboards displaying the BAVAK business name and to let them stand for the period that the work continues, without BAVAK being subject to any charges.
Article 22. Construction drawings and calculations, models, samples, etc.
- All data, models, drawings, etc. issued by BAVAK will remain its property and may in no way be used, copied or reproduced, or brought to the attention of third parties.
- All documents, samples, test systems, etc. issued by BAVAK must be returned to BAVAK on demand.
PART III In addition to Part I and Part II of these General Terms and Conditions, Part III will apply if BAVAK also provides training, education, courses, coaching and practice days, the design and/or performs the assembly.
Article 23. Rules of conduct
- All agreements regards to training will be carried out in compliance with the code of conduct of NVO2. This code of conduct can be asked at the secretariat of BAVAK as well as the NVO2 or can be found at respectively www.bavak.com or www.nvo2.nl.
- With the preparation and execution of the assignments, BAVAK will always take the interest of the Client in mind.
- BAVAK will accept only those orders for which it possesses the qualifications. The employees of Bavak work through knowledge, experience and personal qualities in an efficient manner to the orders.
- For at least three years after termination of the contract, BAVAK retain all documentation of the orders that carried out, because of any justifications afterwards. BAVAK ensures that files are not used for any other purposes.
- Due to the provided orders and accompanying information, BAVAK observes the utmost care, which can be asked reasonably. This means in general, that confidential information or which confidential nature should be understood will be used only within the scope of the order.
- BAVAK reserves the right to use the logo of the Client for advertisement and for references, unless the Client lodges an objection in writing.
Article 24. Offers and agreements Subject to the determinations in article 3, the following terms will apply:
- The Client as well as BAVAK may request in consultation to the deployment of employees, other than the ones who were firstly responsible for carrying out the work. This may not to be at the expense of the quality and continuity of the performance of the agreement.
- BAVAK reserves the right to turn down a participant in a training or to refuse a Client, if the participant or Client does not meet the requirements and conditions for participation in a training.
- BAVAK will turn down an order or put on hold, if BAVAK will come into conflict with the rules of conduct. (see article 23).
- Training, education, courses, coaching and practice days offered by Bavak, will only proceed when sufficient notification. If there are more applications than participants, placement will follow in order of registration. The remaining applications will, if possible, be registered for the next same training
- Quotations for training and education have a validity of three months, unless explicitly stated otherwise.
Article 25. Agreement and carrying out conditions
- After the agreement has been concluded, BAVAK will collect sufficient information which is needed. The Client will provide BAVAK all the sufficient information which is needed. Once all the information is exchanged, the Client and BAVAK are able to express the size of the training and the possible results. If this leads to a preliminary investigation, the conditions of the investigation will be agreed in advance with the Client.
- Arrangements according to the work conditions will possibly made over:
- choice of experts and the possibility of a project manager
- possible involvement of third parties (only by mutual agreement)
- division of responsibilities according to the organisation and logistics around the intervention by BAVAK The above mentioned summery up is not restrictive. Matters that are not mentioned, but in line with the subject, will be arranged by mutual agreement.
- BAVAK reserves the right to withdraw from an agreement, if, under conditions by force majeure, when carry out an order will be interfered. In such circumstances BAVAK is not liable for damages.
- If necessary, BAVAK will keep the Client informed regarding the progress of work. BAVAK will provide the Client insight into the used methods and information.
Article 26. Intellectual ownership
- Modules, lessons material, books, models, techniques and instruments such as software, which will be used for the realisation of the agreement, are and remain the property of BAVAK and/or the original owners. Disclosure and multiplication can only be done after approval of the management of BAVAK.
- The Client has the right to reproduce for its own organisation, as appropriate within the purpose of the agreement given to BAVAK. In case of interim termination, the above mentioned is still apply.
Article 27. Remuneration agreement
- BAVAK will charge a fee in line with the services and responsibilities. The fee is determined based on the amount of work and costs spent to the agreement. Preceding the start of the agreement, the costs will be charged in writing to the Client for approval.
- Every year, the rates will be readjusted by BAVAK. The adjustment is based on the indexed by CBS-inflation correction. The resulting rate changes will charge in every current and new agreement.
- All payments must be made within 14 days after date of invoice, at the latest before the beginning of the training. After passing the term we will charge the legal rates, unless otherwise is agreed in writing.
- Participation in a training without payment is excluded, unless otherwise is agreed in writing.
- The obligation for payment by the Client does not expire by applying paragraph 4 of this article.
- BAVAK exclude settlements.
Article 28. Annulations agreement
- If the Client wishes to end the agreement prematurely, the Client must report this in writing to BAVAK. The letter should specify, as much as possible, the reasons for early termination.
- Upon early termination of an agreement, the following rules apply to the different training areas of BAVAK:
- Custom made training in general: Cancellation by the Client, BAVAK will be charge: a. All development and preparation costs which has been made at the time of cancellation. b. All performance costs made before realization of the agreement.
- 100% by cancellation between 0 until 3 weeks before the start of the training
- 75% by cancellation between 3 until 6 weeks before the start of the training. However, when the training will be rebooked immediately; 25% of the costs
- 50% by cancellation between 6 until 8 weeks before start of the training
- 0% by cancellation longer than 8 weeks before start of the training c. All costs of any booked accommodation which is charged in accordance with the conditions of the accommodation provider.
- Open training: a. By cancellation by the Client, BAVAK will charge the following costs regarding to the participation
- 100% by cancellation between 0 until 3 weeks before the start of the training
- 75% by cancellation between 3 until 6 weeks before the start of the training. However, when the training will be rebooked immediately; 25% of the costs
- 50% by cancellation between 6 until 8 weeks before start of the training
- 0% by cancellation longer than 8 weeks before start of the training b. When a participant is unable to come to the training, the Client can, without any additional costs, arrange a replacement which meets the requirements for participation.
- Practice days and suchlike: a. With cancellations by the Client, regardless of the time, BAVAK will charge full costs of participation. b. When a participant is unable to come to the training, the Client can, without any additional costs, arrange a replacement which meets the requirements for participation.
- (Individual) coaching: By cancellation of the (total) coaching agreement: a. All development and preparation costs which has been made at the time of cancellation. d. All performance costs made before realization of the agreement.
- 100% by cancellation between 0 until 3 weeks before the start of the activity
- 50% by cancellation between 3 until 6 weeks before start of the activity
- 0% by cancellation longer than 6 weeks before start of the activity b. All costs of any booked accommodation which is charged in accordance with the conditions of the accommodation provider.
- When cancelling a conversation within the coaching’s agreement: a. Costs will be charged by cancellation of a meeting in less than two days. b. All costs of any booked accommodation which is charged in accordance with the conditions of the accommodation provider.
- For counselling, other than the above mentioned, (advisory work), applies by early termination by the Client, BAVAK will charged all costs which has been made for the work that is already been done. BAVAK is entitled to compensate the loss of capacity.
- Teaching material which has already been sent will be charged or on request sent back to BAVAK. The terms in article 26 still remain in that case.
Article 29. Drop out of a trainer
- By illness or in absence of a trainer, BAVAK will take care of a replacement if possible.
- When replacement is not possible, BAVAK will notify the Client as soon as possible. BAVAK will come back the Client with alternative dates for the training.
- By illness or in absence of a trainer, the Client has no right to any compensation, neither if BAVAK have any benefit due to force majeure.
- Absence of a trainer is no reason for free cancellation. The terms in article 28 still remain in that case.
Article 30. Liability
- In case of an alleged, damage by the Client, the liability of BAVAK is limited till the amount which BAVAK received for the works under contract.
- Except for intent and gross negligence, BAVAK is not liable for indirect, incidental, following and industrial damages.
Article 31. Order evaluation
- BAVAK is entitled to evaluate the agreements by external bodies like VETRON en CEDEO. Besides that, BAVAK will perform her own evaluation. The Clients will be asked to work with it as much as possible.
Article 32. Exam and certification
- If there is any or more exams for a certain training taken by BAVAK, the exams forms always a required part of the training. It is BAVAK and her trainers to judge on the competence of the participants and if the participant passed for the final exam.
- When a participant passes for the final exam, a certificate will be given out by name with a limited period of validity.
Article 33. Complaint agreements
- BAVAK attach a certain value to satisfied Clients. When the client observes a shortcoming in the performance of the agreement, the Client will be requested to send a complaint in written, with arguments, within a term of 4 weeks after the termination of the agreement.
- After receiving the complaint, BAVAK will take care for a quick response to the Client for a proper handling.
Article 34. Contract disputes Subject to the determinations in article 15, the following terms will apply:
- If there is a dispute, regarding admitting to a training, the dispute can be submitted in writing and motivated, within 5 working days to the management of BAVAK.
- Within 5 working days after receiving the dispute in writing, as mentioned in part 1, the management of BAVAK will place the dispute in writing and motivated to the submitter of the dispute. The decision of the management of BAVAK is binding, without exclusions of article 14 and 33 of this General Terms and Conditions.
- With a dispute regarding whether or not passing the exam, the participant can submit the dispute in writing or verbal, by one of the trainers or the Client only in writing to the management of BAVAK.
- Within 7 working days after receiving the dispute in writing, as mentioned in part 3, the management of BAVAK will place the dispute in writing and motivated to the submitter of the dispute. The decision of the management of BAVAK is binding, without exclusions of article 14 and 33 of this General Terms and Conditions.
- Costs, resulting from the application of article 14 will come for the expense of the party who will not be equated by a judge or a mediator.
Article 35. Person registration
- By entering info an agreement with BAVAK, BAVAK gets permission for processing the personal data of the participants.
- The personal data will only used for our own activities. The administration of the personal data will be done in the manner which is described by the law.
The General Terms and Conditions are registered trademarks at the Chamber of Commerce and Fabrics of Rijnland. These General Terms and Conditions will replace all earlier registered Terms and Conditions.
Noordwijk, March 2020
Find out more aboutIntegrated SecurityScan and Detection
Perimeter SecurityService, Maintenance & Training