GENERAL CONDITIONS

1. General

1.1 These General Terms and Conditions (hereinafter referred to as 'GTC') apply to all services provided by any member of the Pieter Smit Group (hereinafter referred to as 'Pieter Smit'). A member of the Pieter Smit Group is defined as a company that is owned, directly or indirectly, for more than 50%, directly or indirectly, by the Dutch private limited liability company, Pieter Smit Tussenholding B.V., which has its registered office in Nieuw-Vennep, with its registered office at Pesetaweg 44, 2153 PJ Nieuw-Vennep, the Netherlands and is registered with the Dutch Chamber of Commerce under number 93886705.

 

1.2 The term client (hereinafter referred to as 'Client') refers to a natural or legal person to whom Pieter Smit has made an offer or quotation, or with whom Pieter Smit has entered into an agreement. Pieter Smit and the Client are jointly referred to as the ‘Parties’ in these GTC.

 

1.3 The GTC apply to all quotations from, assignments to Pieter Smit, agreements between Pieter Smit and (a) Client(s) or to any other written documents, including digital documents or any other type of documents from/on behalf of Pieter Smit, including notifications by letter or email, as well as to changes and/or additions to all that has been listed above, as well as finally to verbal communications from/on behalf of Pieter Smit.

 

1.4 If and insofar as other terms and conditions raised by Pieter Smit apply in deviation from or addition to these Terms and Conditions, any deviation from those Terms and Conditions shall prevail over these Terms and Conditions. If and to the extent that something is not regulated in those specific conditions, these conditions apply.

 

1.5 These GTC apply, subject to the express waiver of the Client's terms and conditions, in the relationship between the Client and Pieter Smit. Other (general) terms and conditions than mentioned above do not apply. The applicability of the Client's General Terms and Conditions, by whatever name, is expressly rejected by Pieter Smit. The Client's general terms and conditions of purchase and purchase will only apply if it has been expressly agreed in writing that they will apply to the relationship between the Parties.

 

1.6 The Client expressly agrees that these GTC apply to all agreements concluded with Pieter Smit, within the national borders of the Netherlands or abroad, regardless of whether they are passed on orally, by telephone, fax, e-mail or in any other (electronic) manner. The Client declares that it agrees with the following GTC of Pieter Smit, of which it declares that it has taken note in good time and has accepted all its stipulations, unless expressly agreed otherwise.

 

1.7 The most recently published version or the version as it applied at the time of the establishment of the legal relationship with the Client shall always apply.

 

1.8 If Pieter Smit does not always require strict compliance with these GTC, this does not mean that the provisions thereof do not apply, or that Pieter Smit loses the right to demand strict compliance with the provisions of these GTC in other cases.

 

1.9 Pieter Smit is authorised to engage another party(ies) at its own discretion and discretion for the full or partial execution of the relevant agreement, hereinafter referred to as 'Agreement', in which case the GTC also apply, regardless of whether the performance has been carried out by Pieter Smit and/or another party(ies).

 

1.10 If, contrary to the previous paragraph, the Client does not wish to accept the applicability of the GTC to the Agreement, it must notify Pieter Smit of this in clear and unambiguous terms in writing within 2 (two) days of receipt of any quotation (hereinafter referred to as 'Quotation'). In that case, the Offer will be deemed not to have been issued and in any event to be deemed 'not accepted'. 1.11 Insofar as a provision(s) and/or condition(s) included in one or more documents as referred to in paragraph 2 may deviate from one or more in the GTC, the former prevails that in the GTC, which does not apply, however, to what may have been communicated orally in deviation from the GTC.

 

2. Proposal

 

2.1 All Quotations from Pieter Smit are without obligation and can be revoked by Pieter Smit at any time. Unless otherwise specified, a Quotation is valid for 14 days after its issue.

 

2.2 The content of the final order confirmation or agreement of Pieter Smit determines the content of the agreement. Obvious errors, mistakes or clerical errors in Quotations, prospectuses, leaflets and/or publications, images, drawings, order confirmations and stated data are not binding on Pieter Smit. Pieter Smit cannot be held to its Quotations or offers if the Client can reasonably understand or should have understood that the Quotation or offers or part thereof contains an obvious mistake or clerical error.

 

2.3 The Client is at all times obliged to provide Pieter Smit with complete and correct information regarding the preparation of an offer before the conclusion of an agreement. If the Client provides or has provided incomplete or incorrect information to Pieter Smit, Pieter Smit can never be held to the Quotation made or Pieter Smit is entitled, if it has already been concluded, to dissolve the agreement immediately, with due observance of the provisions of these GTC regarding compensation by the Client.

 

2.4 The Agreement will only be concluded upon receipt by Pieter Smit of the Quotation signed for 'approval' by the Client at the designated place, or receipt by Pieter Smit of any other written confirmation from the Client that it accepts the Quotation in its entirety. In this context, 'written' and 'signed' are also understood to mean in the form of a scan of the signed document, attached to an e-mail (files sent via WhatsApp or text message are not included) or signed via a digital signing platform accepted by Pieter Smit, such as DocuSign to Pieter Smit.

 

2.5 Offers and/or promises made by Pieter Smit personnel are never binding on Pieter Smit, unless they have been confirmed in writing and signed by or on behalf of Pieter Smit by an authorised representative.

 

2.6 The Quotation is based on the motor fuel(s) concerned, including electricity and/or hydrogen, although diesel oil will usually be involved, whether or not in combination with electricity, at the time the Quotation is issued to the Client. If the fuel(s) in question rises by 10% or more, and this increase continues for a period of more than 5 days, Pieter Smit will, at its own discretion, either pass on the additional price on the basis of the kilometres calculated in the Quotation, or terminate the Agreement with the Client without accepting any further liability to compensate the Client.

 

2.7 Any price increases by third parties, such as for example for ferries, hotels, flights, tolls, or due to legislation, regulations, or court rulings that compel Pieter Smit to adjust its prices, will be passed on to the Client. Pieter Smit will notify the Client, who may terminate the Agreement in writing within three (3) calendar days of the notice if they do not accept the adjustment.

 

2.8 If the Client requests Pieter Smit to amend the Quotation as issued, Pieter Smit will issue a new Quotation which, after the date and delivery, either in person or electronically, will immediately replace the previous Quotations, which will therefore immediately lose their validity. The acceptance of a Quotation is deemed to have been made unchanged if and at the time that the Client approves it, or clearly allows the execution of the assignment to begin. All work more or differently than agreed in the Quotation will be invoiced separately by Pieter Smit as additional work or additional costs.

​

3. Scope of service

 

3.1 The scope of the services between Pieter Smit and the Client will be determined in the Agreement. Any deviation of this size can affect the agreements made in the agreement, including price and planning / availability.

 

3.2 If the service is adjusted during the term of the agreement, Pieter Smit is entitled to refuse this adjustment, or to charge additional requirements and costs if it does allow this change.

 

4. Force majeure

 

4.1 If Pieter Smit is prevented from performing the Agreement due to force majeure, or that performance is thereby made significantly more expensive or burdensome, Pieter Smit has the right to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part without judicial intervention, at the discretion of Pieter Smit, without Pieter Smit being obliged to pay any compensation. whereby Pieter Smit will announce its intention in good time in advance, in writing and/or by e-mail.

 

4.2 'Force majeure' here means any circumstance, both foreseen and unforeseen, as a result of which compliance with the Agreement can no longer reasonably be expected of Pieter Smit. This includes, but is not limited to: measures taken by public authorities acting with effective or manifest legal authority, including, but not limited to, issuing quarantine and/or other types of (order) measures or anything equivalent, whether or not in connection with epi- and/or pandemics or in any case a threat to public health in the broadest sense of the word, furthermore, strikes, business shutdowns, lockouts, illness and/or lack of personnel, fire, explosion, operational disturbances, either in Pieter Smit's own company or in the company of a number of its contractors or suppliers, furthermore, detention, confiscation (of goods), taking possession, for example by toll services, customs or other recognised or unrecognised authorities, seizure, seizure (criminal or civil), transport disruptions, weather conditions, including but not limited to, flooding, high or low tide, frost, freezing, ice, tidal waves including tsunamis, storms, fog, lightning (strikes), furthermore (danger of) (civil) war, revolution, civil and political unrest, acts of terrorism, hijacking, government measures, riots, sabotage, lockout, traffic disturbances, delay of an aircraft or other means of transport, other than the means of transport used by Pieter Smit itself, which is used in the provision of transport services, other traffic situations such as but not limited to traffic jams, traffic jams, accidents without intent or gross negligence on the part of Pieter Smit, further subsidence, collapse, flooding, closure or delay at border posts, delays in/near stations, customs posts, airports or toll services, etc., unforeseeable defects in the means of transport, theft, vandalism and other similar acts of third parties, abandoned mines, torpedoes, bombs and/or other abandoned weapons of war etc., finally other calamities than already mentioned such as but not limited to, nuclear disasters, air disasters and any other conceivable and unthinkable disasters whatsoever.

 

4.3 If it has been demonstrated that damage that has been found could have been a result of one or more of the circumstances mentioned above, it is presumed that this is or are the cause thereof.

 

5. Payment terms

 

5.1 All prices quoted are in euros and exclusive of sales tax (VAT) and levies from government or financial institutions, unless otherwise agreed in writing.

 

5.2 Unless otherwise agreed in writing, the payment term is thirty (30) days from the date of the invoice, whereby an appeal to any form of discount, compensation, set-off, set-off or suspension by Pieter Smit is expressly excluded.

 

5.3 If the Client uses a system that requires a purchase order number (PO number) for the processing of invoices issued by Pieter Smit, the Client shall be responsible for providing all relevant PO numbers in a timely manner. This also applies where multiple PO numbers are required, for example in the case of a cost split between services and related expenses. The Client must communicate all required PO numbers in writing (by email) to Pieter Smit within five (5) working days after signing the agreement on which the invoicing is based.

 

5.4 If the Client fails to comply with the obligation set out in Article 5.3, the right to require payment solely via PO number shall lapse. In such case, the Client shall automatically be obliged to make payment in accordance with Pieter Smit’s standard payment procedure, as described in Article 5.2, without any further notice, confirmation or action required from Pieter Smit.

 

5.5 If the invoice is not paid within the set payment term, the Client will be in default by operation of law, without the need for a (written) demand and/or notice of default. Set-off against an (alleged) counterclaim, suspension of payment, deduction or discount is not permitted,so that what has not been paid will at all times concern the amount of the invoice(s) to the extent and as much as not paid, hereinafter referred to as '(the) outstanding amount', whereby set-off and/or other unilaterally performed acts as listed above as not permitted, never if, payment, whether or not partial.

 

5.6 After the expiry of the payment term, the Client will owe 1% per period of 30 days on the outstanding amount, whereby each period referred to above will count as a full period of 30 days. At the end of each such period, i.e. after 360 days, the amount on which the interest referred to above is calculated shall be increased by the interest due up to and including the 360th day.

 

5.7 After the payment term has expired, Pieter Smit is entitled to place the claim in the hands of a third party(ies), such as a bailiff or lawyer, for collection without further (written) notice of default or notice. Pieter Smit is entitled to recover the associated extrajudicial costs, amounting to at least 15% of the outstanding amount, plus the VAT thereon, from the Client.

 

5.8 Persons employed by Pieter Smit who do not have an express power of attorney to do so cannot be paid in full discharge.

 

5.9 In the event of late payment, Pieter Smit has the right to suspend the fulfilment of the agreement and thus the Assignment for an indefinite period of time.

 

5.10 If the Client disputes the invoice in whole or in part, it must notify Pieter Smit of this in writing and stating reasons within five days of receipt of the invoice . Contesting (part of) the invoice does not suspend the Client's payment obligation at all, but at least not for the part that is not affected by the alleged dispute.

 

5.11 If the payment for the Client is carried out by a third party, the Client remains responsible for the final payment of the invoice.

 

5.12 The Client may only make payments via regular bank transfer. All other payment methods are expressly excluded.

 

6. Dissolution/suspension

 

6.1 If the Client does not comply with any obligation entered into under the Agreement, or fails to do so properly and/or in a timely manner, as well as in the event of bankruptcy, temporary suspension of payments of the Client, the offer by the Client of a debt agreement, the cessation of the Client's business, liquidation or transfer of the Client's business, including the transfer of one or more shares in the Client's business and/or a transfer of one or more shares in the Client's business and/or a change in the Client's management or in the event of attachment of the Client's movable and/or immovable property, the Client will be deemed to be in default by operation of law and Pieter Smit, without prejudice to its other rights (including the right to compensation), will have the right to terminate the Agreement in whole or in part without any notice of default, summons and without judicial intervention, at the discretion of Pieter Smit. In that case, Pieter Smit is not obliged to pay any compensation, while in all these cases everything that Pieter Smit has to claim from the Client, even if it is not yet due and payable, will be immediately due and payable in its entirety in the case referred to here.

 

7. Cancellation of the Agreement by the Client

 

7.1 The Client is not entitled to unilaterally terminate the Agreement. Should the Client nonetheless, in whole or in part, effectively terminate the Agreement in any manner (including cancellation of (part of) the Agreement) and/or prevent Pieter Smit from performing the Agreement, the Client shall be obliged to pay the following fees: 7.1.1 from the signing of the Agreement up to four (4) weeks prior to the commencement of the services the deposit/reservation fee (10%) is due;

 

7.1.2 from four (4) to two (2) weeks prior to the commencement of the services: 20% of the fee, representing costs for preparation, organization, and administration;

 

7.1.3 from two (2) weeks to 48 hours prior to the commencement of the services: 50% of the fee; 7.1.4 in case of cancellation from 48 hours up to the commencement of the services: the full agreed amount is payable. 7.2 The amount due as presented in this clause shall be invoiced to the Client without delay.

 

8. Address of destination, presentation and condition of the goods

 

8.1 The Client guarantees the correctness of the destination address(es) applicable in accordance with the Agreement and also that this address(es) (hereinafter referred to collectively in the singular 'address') has been disclosed to Pieter Smit with the consent of the person concerned and who may object to it on the basis of, among other things, the GDPR, and indemnifies Pieter Smit in the event that Pieter Smit may be addressed, whether or not on the basis of the GDPR and whether or not in connection with the fact that Pieter Smit registers the address, keeps it, reports to it in the context of the Agreement and/or on other grounds and the Client bears all costs, including those of legal assistance, that Pieter Smit may incur and may have to incur in connection with (e.g. putting forward a defence) in the sense of having been addressed in the sense just intentional.

 

8.2 The Client guarantees that what is to be transported complies with the regulations to be imposed on it, in particular those relating to safety and can be transported safely, and that any packaging of what is to be transported offers adequate protection, even in traffic situations such as, without being limited to, sudden braking, accelerating, taking a sharp or non-sharp turn, which situations simply cannot always be avoided. This guarantee in the sense of compliance with the regulations and safety requirements also applies to the phase after transport, such as the construction of stages, etc., of set pieces, props, etc., as well as their placement, so that the safety of the personnel of Pieter Smit involved in that phase, at least working on that assignment, as inspiciëntents, is guaranteed by the Client.

 

8.3 At least in the following cases, but not limited to, Pieter Smit cannot be held liable for nonperformance or incomplete compliance with the agreement with regard to a shipment to be transported, it is entitled to refuse or suspend a shipment and is not obliged to pay any (damage) compensation: a. if the shipment in question is not found at the collection address; b. if the pick-up or delivery address is not accessible to Pieter Smit; c. if the details of the Client or the addressee are not clearly stated; d. if the consignment is not accompanied by the necessary documents; e. if the pick-up address or the delivery address cannot be located; f. if the shipment is found by Pieter Smit in an outwardly damaged condition; g. if the shipment would endanger the safety of Pieter Smit's employees, its subcontractors or of its means of transport and installations; h. if the consignment could soil, corrode or otherwise damage other consignmentsin any way; i. if the agreement with regard to one or more shipments cannot be performed in accordance with the agreed specifications for any other reason not attributable to Pieter Smit; j. or in the event of force majeure.

 

8.4 The method of transport, shipping, etc. is, unless otherwise agreed in writing, determined by Pieter Smit.

 

8.5 Pieter Smit does not in any case provide any services with regard to the following goods: a. securities, cheques, bearer securities and other securities; b. prohibited narcotics; c. goods the carriage of which is prohibited or regulated by law or international, national, regional or local regulations of the country of origin or destination; d. in the case of international transport: goods the import and export of which is prohibited in the respective transit or destination countries according to the applicable directives or legal rules in force, or of which additional formalities are required; e. live or dead animals, medical or biological research material, medical waste, remains, body parts or organs; f. dangerous goods such as radioactive substances, fuels, acids, explosive goods, (fire) weapons and their components as well as ammunition; g. any object which, although not covered by any of the aforementioned regulations, could, by its nature or packaging, pose a danger to third parties, health, the environment, the safety of the means of transport / driver or damage the other packages carried; h. shipments, of any kind, where one of the Parties with an interest in the mission is listed on one of the United Nations sanctions programs, or regional and national programs implementing and/or supplementing them, as well as Parties listed on regulations establishing autonomous measures.

 

8.6 The enumerations as described in Articles 7.4 and 7.5 should not be regarded as exhaustive.

 

8.7 Certain goods can only be accepted by Pieter Smit for shipment if the Client has concluded a separate agreement with Pieter Smit about this. This is the case, among other things, when offering perishable goods, precious stones, precious metals and jewellery.

 

8.8 The Client will always inform Pieter Smit in advance of any non-visible details of the goods that may affect the handling of the transport. In the absence thereof, Pieter Smit does not accept any liability or responsibility.

 

9. Licences

 

9.1 The Client is responsible, at its own expense, or at its own expense, for obtaining any permits, necessary licenses, exemptions and/or compliance with whatever may apply (further) in the sense of laws, regulations, regulations, etc.

 

9.2 The client indemnifies Pieter Smit if it is held liable, also in the sense of being fined, in connection with not (fully) complying with what is formulated in paragraph 1 above.

 

9.3 If and insofar as the Client nevertheless wants Pieter Smit to take care of the acquisition of certain permits, this is only possible if Pieter Smit and the Client have made clear agreements about this in the Agreement. If these are not included in the Agreement, Pieter Smit can never be held responsible.

 

9.4 In the case of the provisions of Article 9.3, Pieter Smit's contribution is always an obligation to perform to the best of its ability and never an obligation to achieve a result, unless explicitly agreed otherwise in the Agreement.

 

9.5 All provisions of Article 10 shall apply in full to the services as described in this Article.

 

9.6 Additional conditions may apply to a permit or other government documents that Pieter Smit provides on behalf of or for the Client, which take precedence in the event of deviation from these conditions. In all cases not regulated thereby, these conditions apply.

 

10. Pieter Smit's liability for damages (and limitation of exclusion thereof)

 

10.1 In the event of liability for damages, Pieter Smit excludes compensation to the Client for indirect damage and consequential damage, so that, where appropriate, only material damage to goods owned by the Client will be excluded only if and insofar as the damage could have been avoided with normal professional knowledge and experience and with due observance of normal vigilance and manner of professional practice or which is due to negligence, carelessness or wrong actions of Pieter Smit, his employees or any Subcontractors.

 

10.2 Compensation for damage caused by acts of war (acts of war), as well as military operations, even insofar as not considered to be 'war', strikes, riots, nuclear reactions as well as chemical, biological, biochemical and/or electromagnetic weapons, all this without prejudice to the provisions of Article 3 above, as well as compensation for damage caused during the execution of the Agreement in countries other than those belonging to Europe is excluded. However, for the purposes of this provision, the Russian Federation, Belarus Russia and Ukraine are explicitly designated as not belonging to Europe, while conversely, Turkey and Israel are treated as if they were countries within Europe.

 

10.3 Pieter Smit is not liable for damage caused by incompleteness, inaccuracy or inadequacy of information provided by or on behalf of the Client.

 

10.4 Pieter Smit can never be liable for any violation anywhere and at any time, if and insofar as this violation is the result of an instruction from or on behalf of the Client.

 

10.5 In any event, Pieter Smit is never obliged to pay compensation to the client in respect of any liability for damages in excess of the amount that may be paid out by or on behalf of Pieter Smit's insurer, plus the amount of any deductible associated with the insurance in question.

 

10.6 A condition for any right to compensation to arise is always that the Client reports the damage in writing to Pieter Smit as soon as possible after it has arisen. Any claim for damages against Pieter Smit lapses if it is not invoked in time, which always applies due to the mere lapse of six months after the claim arose.

 

10.7 Pieter Smit's liability on account of any attributable failure in the performance of an Assignment will in all cases only arise if the Client immediately and properly gives Pieter Smit notice of default in writing, whereby a reasonable period is set to remedy the shortcoming, and Pieter Smit continues to imputably fail to comply with its obligations even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Pieter Smit is able to respond adequately.

 

10.8 Pieter Smit may refuse its services without any liability when the Client or the location of the service is part of sanctions imposed by the UN Security Council, the European Union (EU) or individual states, as well as Clients or locations that are part of a regulation of the European Parliament and/or the European Council on autonomous measures.

 

11. Confidentiality

 

11.1 Client and Pieter Smit will keep all Confidential Information confidential and will not disclose any Confidential Information to third parties without the prior written approval of the other party and will not use the Confidential Information for any purpose other than the performance of the obligations under the Agreement between the parties. If and insofar as the Client engages third parties in relation to its Agreement with Pieter Smit, the Client will ensure that the party to whom Confidential Information will be disclosed has unconditionally and fully committed itself to compliance with the provisions of this article prior to such disclosure.

 

11.2 "Confidential Information" means all information exchanged between Client and Pieter Smit (whether before or after the date of an Agreement and whether in writing, orally or in any other way and either directly or indirectly) relating to both parties, their company or customers and their business. However, Confidential Information does not include information that: (i) is in the public domain at the time of disclosure to the third-party recipient or (ii) enters the public domain after such disclosure other than through an unauthorized disclosure to the third-party recipient in breach of a confidentiality obligation or (iii) was lawfully in the possession of the third-party recipient prior to such disclosure as evidenced by their written records or (iv) lawfully comes into the possession of the third-party recipient of the third-party recipient of a third party on a non-confidential basis as evidenced by their written records or (v) that the recipient will be required to disclose pursuant to any applicable law, order of a court of competent jurisdiction or applicable regulation.

 

12. Staff Pieter Smit

 

12.1 If an agreement for services has been entered into with a view to performance by a certain person, Pieter Smit will always be entitled to replace this person with one or more other persons with the same qualifications after notification to the Client.

 

12.2 During the term of the Agreement and for a period of six (6) months after termination of the Agreement, the Client is not permitted to engage, employ or negotiate with these persons in this regard, both directly and indirectly, employees of Pieter Smit who are or have been involved in the performance of the services, other than in consultation with Pieter Smit.

 

13. Applicable law, jurisdiction and final provision

 

13.1 All legal relationships between Pieter Smit and the Client are subject to the local laws of the specific 'Pieter Smit entity' that participates in the agreement(s) or is the providing party for the services/service.

 

13.2 Pieter Smit and the Client will attempt to carefully and constructively resolve any dispute arising from, or in connection with, the Agreement between the two or these GTC. Disputes between Pieter Smit and the Client in which this is not possible will be settled exclusively by the competent court in Haarlem (NL), Leuven (BE), Paris (FR), Łódź (PL), Lisbon (PT) or Unna (GE), depending on the requesting and/or involved Pieter Smit entity, unless both Pieter Smit and the applicant or applicant together prefer the competent court in the Client's place of residence or main business location.

 

13.3 Insofar as the GTC are also written in a language other than Dutch, the Dutch text is always binding in the event of any difference in content, purport and/or interpretation. If there is any ambiguity about one or more provisions of these GTC, the interpretation must take place 'in the spirit' of these GTC. If a situation arises between Pieter Smit and the Client that is not regulated in these GTC, this situation must be assessed in accordance with the spirit of these GTC.

 

13.4 In cases where the GTC should fail to apply on one or more points for whatever reason, the GTC remain otherwise fully applicable and valid. Pieter Smit will draw up new provisions to replace the null and void, voided or unenforceable provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.

 

13.5 If an agreement for the Assignment has been entered into with a view to execution by a certain employee of Pieter Smit, Pieter Smit is always entitled to replace this person with one or more other persons with the same qualifications after notification to the Client.

 

13.6 During the term of the agreement/the Assignment and for a period of six months after termination of the agreement, the Client is not permitted to engage, employ or negotiate with these persons in this regard, both directly and indirectly, employees of Pieter Smit who are or have been involved in the execution of the Assignment, other than in consultation with Pieter Smit.

 

13.7 Complaints regarding the execution of the work or the delivery of materials must be received in writing no later than 60 days after delivery of the work or the last day of execution of work or delivery of materials in order to be admissible. Visible defects must be reported to Pieter Smit immediately after delivery, but at least immediately after discovery, but no later than 14 days after the date of invoice.

 

13.8 The applicability of the Vienna Sales Convention 1980 is excluded.

 

13.9 The obligation to pay by the Client is not suspended by the submission of complaints.

 

13.10 Complaints regarding the execution of the work or the delivery of the goods are not admissible if the Client has not observed the normal care that may be expected of it after the completion of the execution of the work or delivery of materials.