Business to Client
Table of Contents:
Article 1 – Applicability, definitions
Article 2 – Offers, prices
Article 3 – Formation of contracts
Article 4 – Fee, prices, rates
Article 5 – Engaging third par ties
Article 6 – Obligations of the Other Party
Article 7 – Confidential information
Article 8 – Delivery, delivery term
Article 9 – Progress, performance of contracts
Article 10 – Additional and less work
Article 11 – Delivery and approval
Article 12 – Complaints and return shipments
Article 13 – Guarantees
Article 14 – Liability
Article 15 – Payment between companies
Article 16 – Retention of title
Article 17 – Intellectual property rights
Article 18 – Right of retention
Article 19 – Bankruptcy, no power of disposal
Article 20 – Force majeure
Article 21 – Prohibition on use
Article 22 – Cancellation, suspension
Article 23 – Processing of personal data
Article 24 – Final provisions
Article 1: Applicability, definitions
These conditions apply to all offers and all contracts of purchase and sale as well as all contracts for services, including contracts for the development and/or production of products as well as all contracts for the performance of activities by Reiger Suspension B.V., with its registered office in Hengelo (Gelderland), registered with the Chamber of Commerce under number 09147703, hereinafter referred to as “Reiger”, concluded with Consumers who are not active in the conduct of a profession or business when concluding this contract.
The buyer or the client will be referred to hereinafter as the ” the=”” consumer”.<br=””></br=””>
Article 2: Offers, prices
Every offer made by Reiger applies for the period stated therein. An offer that does not include a term of validity is without obligation. In case of an offer without obligation, Reiger will have the right to withdraw this offer within at most 10 working days after receipt of acceptance.
A compound offer does not oblige Reiger to deliver part of the offered performance against a proportionate part of the price.
If the offer is based on the information provided by the Consumer and this information proves to be incorrect or incomplete or it later changes this information, Reiger will have the right to adjust the prices and/or delivery terms indicated. The adjusted prices and/or delivery terms will be considered to have been approved by the Consumer if the Consumer does not object in writing within 10 working days.
The offer and the prices do not apply automatically to repeat orders or partial orders.
Models, examples of documents and statements of characteristics, capacities, dimensions, weights and other descriptions in brochures, promotional materials shown and provided and/or on the Reiger website are as accurate as possible, but are merely indicative in nature. The Consumer cannot derive any rights therefrom. Reiger is obliged to implement all measures that may be expected of it within reason in order to avoid and limit loss or unlawful processing of Personal Data.
The models and examples that have been provided remain the property of Reiger and must be returned to Reiger upon first request for the Consumer’s account within 10 working days or at any other moment validly agreed between the parties in writing, unless agreed otherwise.
Reiger has the right to charge the costs related to the offer to the Consumer provided it has informed the Consumer of these costs in advance and in writing.
If the Consumer does not accept an offer, it will be obliged to return to Reiger upon Reiger’s first request all documents provided with the offer within 5 working days.
Article 3: Formation of contracts
Contracts are formed at the moment Reiger receives back a copy of the offer or order confirmation signed by the Consumer, also in the event this acceptance has minor differences compared to the offer. However, if the acceptance from the Consumer differs in essential details, the contract is not formed until Reiger has agreed to these deviations in writing.
Reiger is not bound by oral agreements, supplements or changes to the general terms and conditions or contracts or assignments until after written confirmation thereof to the Consumer or as soon as Reiger has commenced performance of the assignment, order or agreements without immediate objection by the Consumer.
All contracts are concluded by Reiger under the express suspensive condition of proof of the Consumer’s sufficient creditworthiness, at Reiger’s sole discretion. The Consumer is obliged in this connection to allow Reiger to request information concerning the Consumer in this regard if necessary.
If the Consumer is established in a country designated by the Dutch Central Government as a country subject to sanctions, a valid contract will not exist until Reiger’s bank has issued the required approvals in writing. This restriction also applies in full to Reiger’s subcontractors, dealers and points of sale.
Assignment issued by the Consumer must be accompanied by a clear, written description of the nature of the assignment. The description must be submitted together with the order confirmation is returned.
Changes to a written order once it has been placed must also be made in writing and accompanied by a clear description of the changes. Changes do not bind Reiger until it has confirmed them in writing.
Reiger is not bound by arrangements or contracts concluded by its subordinate employees with the Consumer. The Consumer is required to contact Reiger management in case of doubt in this regard.
Article 4: Fee, prices, rates
Reiger will deliver the agreed performance against a fixed fee unless the parties have been agreed an hourly rate for the activities.
Reiger has the right to increase this fixed fee if it becomes clear during the performance of the contract that the agreed or anticipated quantity of work was not estimated correctly by the parties, without such being attributable to Reiger, and it cannot be expected within reason to perform the activities against the fee that was agreed. In case the Consumer does not agree to the increase of the fee, the Consumer will have the right to lodge a substantiated objection within 10 working days after the notification of the increase.
If the parties agreed activities against an hourly rate, Reiger will calculate the fee on the basis of the number of hours spent whole applying the agreed or customary Reiger hourly rate.
The hourly rates apply on normal working days, which means: Monday to Friday (with the exception of public holidays) between 08:00 hours and 17:00 hours.
In case of assignments designated as urgent by the Consumer or Reiger or if work has to be carried out outside the abovementioned working days at the Consumer’s request, Reiger will have the right to apply a surcharge to the hourly rate.
Reiger’s time recording will be binding in case of a dispute between the parties concerning the number of hours spent and/or charged. All of the above subject to evidence to the contrary produced by the Consumer.
The prices and rates stated in an offer, price list or list rates are exclusive of VAT and any costs, such as costs of dispatch, transport costs, administration costs and invoices from third parties that were engaged.
In case of (cost) price increasing circumstances between the date of the conclusion of the contract and its performance due to changes to legislation and regulations, government measures, currency fluctuations or changes to the prices of required materials and/or raw materials, Reiger will have the right to increase the agreed prices and rates accordingly and charge these to the Other Party. In case the Consumer does not agree to the increase of the fee, the Consumer will have the right to lodge a substantiated objection within 10 working days after the notification of the increase.
Article 5: Engaging third parties
Reiger has the right to have certain deliveries and activities carried out by third parties if such is required for the proper performance of the contract in Reiger’s opinion. When selecting a third party, Reiger will consider the wishes of the Consumer to the extent possible. The Consumer may issue instructions to the third party engaged for the performance of the contract following consultation with Reiger. All costs incurred and/or caused by the third party will be for the Consumer’s account.
Article 6: Obligations of the Consumer
The Consumer must ensure that:
all information required for the performance of the contract shall be made available to Reiger prior to the signing of the order confirmation and in the format desired by Reiger, unless agreed otherwise;
in the event the activities have to be performed at the Consumer’s location or at a location designated by the Consumer, Reiger is granted access to this location at the working hours announced in advance;
the information carriers, electronic files, software and the like made available to the Consumer by Reiger are free from viruses and/or defects;
the parts, materials, semi-finished products, raw materials and the like of which the parties have agreed that the Consumer will deliver them, are made available to Reiger on time and in good condition;
the facilities desired within reason by Reiger and/or the third parties engaged by Reiger are available at the location where Reiger and/or the abovementioned third parties are to perform activities within the context of the performance of the contract, without such involving costs for them;
any items of property made available by the Consumer to Reiger within the context of the repair, overhaul or other activities, will be available to Reiger on time.
The Consumer ensures that the information provided is correct and complete and indemnifies Reiger against claims from third parties that arise from the fact that the information is incorrect and/or incomplete.
If the Consumer fails to comply with the abovementioned obligations or fails to do so on time, Reiger will have the right to suspend performance of the contract until the moment the Consumer has complied with its obligations. The costs related to the delay that has arisen or the working hours that were lost, the costs of performing additional activities and the other consequences that arise therefrom are for the account and risk of the Consumer.
If the Consumer fails to comply with its obligations and Reiger fails to demand performance from the Other Party such will not prejudice Reiger’s right to demand performance at a later moment as yet.
Article 7: Confidential information
The parties commit that they will keep secret all information they acquire from or about the Other Party within the context of the conclusion and performance of the contract and in respect of which this party has indicated that it concerns confidential information or in respect of which they know or should know within reason that this information should be treated in confidence. The parties will only make this information available to third parties in so far as this is necessary for the performance of the contract and after the Consumer’s written consent has been obtained.
Each party will implement all precautionary measures to be implemented within reason in order to keep the confidential information secret.
The duty of confidentiality does not apply if a party is obliged to disclose the confidential information pursuant to legislation and/or legislation or a court order and cannot invoke a right to refuse to give evidence provided for in law or granted by the courts.
Reiger has the right at all times to publish about the agreed activities and deliveries and to reuse the methods, procedures etc. used or developed for this purpose, provided the privacy of the Consumer is guaranteed or Reiger has obtained the Consumer’s consent to do so.
If Reiger applies a privacy statement, the information referred to therein will be used exclusively in accordance with the provisions of this statement.
Article 8: Delivery, delivery term
Agreed terms can never be considered to be strict deadlines. In the event Reiger fails to comply with its delivery obligations or fails to do so on time, the Consumer will be obliged to give written notice of default and allow a reasonable term to comply as yet with these obligations.
Reiger has the right to deliver in parts in which connection each partial delivery may be invoiced separately.
The risk of loss of or damage to the goods or documents will pass to the Consumer when they are delivered. This is moment at which the goods or documents to be delivered leave the Reiger premises or warehouse or Reiger has informed the Consumer that these goods or documents can be collected by the Consumer.
Dispatch or transport of the goods or documents takes place for the account and risk of the Consumer and in a manner to be determined by Reiger. Reiger is not liable for damage of any kind whatsoever – to the goods or documents themselves or otherwise – related to the dispatch or transport.
In the event Reiger delivers the goods or documents to the Consumer, the risk of the goods or documents will pass to the Consumer at the moment they arrive at the Other Party’s location and are actually available.
If it proves impossible to deliver the goods or documents to the Consumer or if the goods are not collected and/or it proves impossible to perform the activities agreed for the purpose of the assignment, due to a cause that is within the Consumer’s control, Reiger reserves the right to store these documents or goods and/or the materials, parts etc. purchased for the assignment for the account and risk of the Other Party. The Consumer is obliged to enable Reiger within a term to be set by Reiger after notification of the storage to deliver these goods or documents or to perform the agreed activities or to collect the goods or documents within this term.
In the event the Consumer fails to comply with its obligations after the term referred to in the previous paragraph, Reiger will grant the Consumer one more fourteen-day period of respite after sending notice of default. After this fourteen-day period has ended, Reiger will have the right to dissolve all or part of the contract with immediate effect by means of a written statement and to sell the goods to third parties or to destroy documents already created without such creating an obligation to compensate losses, costs or interest on the part of Reiger. The matters set out above are without prejudice to the Consumer’s obligation to compensate any (storage) costs, losses due to delays, lost profit or other losses or Reiger’s right to claim performance.
An agreed deliver term does not commence until the moment Reiger has received from the Consumer all information necessary for the delivery as well as any agreed (advance) payment. The delivery term will be extended proportionately if this causes any delays.
Article 9: Progress, performance of the contract
If the commencement, progress or delivery of the work or the agreed delivery of the goods is delayed because:
Reiger has not received all necessary information from the Consumer before the order confirmation is signed;
Reiger has not received any agreed (advance) payment from the Consumer together with the order confirmation.
there are other circumstances that are for the account and risk of the Consumer;
Reiger is entitled to a reasonable extension of the delivery term and compensation of the costs and losses involved, such as any waiting hours.
Reiger endeavours to realise the agreed activities and deliveries within the time agreed and planned for this purpose, in so far as this may be reasonably expected. In the event the performance of the contract has to be accelerated at the request of the Consumer, Reiger will have the right to charge the overtime and other costs involved to the Consumer.
Reiger is deemed to be familiar with the relevant statutory regulations and government decisions. The costs related to compliance with these regulations and decisions are for the account of the Consumer.
If the Consumer wishes changes to the agreed work, Reiger will inform the Consumer of the consequences of these changes for the agreed prices, rates and delivery terms.
If it becomes clear during the performance of the contract that the activities and/or deliveries cannot be performed in the agreed manner due to unforeseen circumstances, Reiger will consult with the Consumer concerning the amendment of the contract. Reiger will inform the Consumer in this connection regarding any consequences of the amendment for the prices, rates and delivery terms. If the amendment makes the execution of the contract not possible, Reiger will be entitled in any event to full compensation of all activities and deliveries already performed.
The Consumer will always check each draft version of documents to be created by Reiger carefully and provide its response to Reiger as soon as possible. If necessary, the draft will be adjusted by Reiger and submitted to the Consumer for approval once again. Reiger may demand in this connection that the definitive version of the documents created are initialled as correct by the Consumer on each page or that the Consumer signs a written agreement concerning the definitive version. The Consumer may not use the documents created until after Reiger has received the initialled definitive version or the written agreement.
If Reiger has to make any changes to documents that were already approved, this will be considered to be additional work and Reiger will have the right to charge the additional costs therefrom to the Consumer.
Article 10: Additional and less work
Additional work is defined as: all additional activities and deliveries arising from the work or at the Consumer’s request, which are not included in the offer or assignment.
Additional and less work must be agreed in writing between Reiger and the Consumer. Reiger is not bound by oral agreements until it has confirmed them in writing to the Consumer.
Settlement of additional and less work takes place:
in the event of changes to the original assignment;
in case of unforeseen cost increases or reductions.
Setoff of additional and/or less work takes place upon final settlement, unless the parties have agreed otherwise in writing.
Article 11: Delivery and approval
As regards the goods to be developed by Reiger on the instructions of the Consumer, Reiger will inform the Consumer that the work on the goods developed is complete and that these goods are ready for use.
The goods to be developed are deemed to have been delivered in accordance with the contract, if they have been made available to the Consumer and the Consumer has inspected and approved the goods or has inspected and approved the specifications, characteristics, qualities etc. agreed with Reiger.
The goods to be developed are also deemed to have been delivered in accordance with the contract, if the Consumer has not submitted a complaint to Reiger within a term of 2 weeks after the notification that the work on the goods developed has been completed or as much earlier as the Consumer has taken the goods developed into use before this day.
Activities that have not yet been performed or completed by third parties engaged by or on behalf of the Consumer, which affect the proper use of the goods developed, do not affect their delivery.
If the Consumer wishes to have changes made to the goods developed after delivery, such will be considered to constitute additional work. If this is the case, Reiger will have the right to charge the costs and/or time worked to the Consumer.
In the event the Consumer discovers defects, imperfections etc. after the delivery referred to in this article, these will be subject to provisions of the complaints clause included in these general terms and conditions.
Article 12: Complaints and return shipments
The Consumer is obliged to check the goods delivered immediately after receipt and state any visible defects, malfunctions, damage and/or deviations in numbers on the waybill or the accompanying receipt. In the absence of a waybill or an accompanying receipt, the Consumer will be obliged to report the defects, breakdowns etc. to Reiger within 2 working days after receipt of the goods, which is followed by written confirmation thereof. In the absence of such a report, the goods will be deemed to have been received in good condition and to comply with the contract.
Other complaints regarding the goods delivered must be reported to Reiger immediately after discovery.
The Consumer is obliged to check any documents delivered by Reiger, which were not presented to the Consumer as a draft, immediately upon receipt. Any visible defects and/or imperfections that can reasonably be discovered during an initial inspection must be reported to Reiger within 1 week after receipt of the documents, followed by a written confirmation thereof. In the absence of such a report, the goods will be deemed to have been received in good condition and to comply with the contract.
All complaints concerning the activities must also be reported to Reiger immediately after they are discovered and before their first use, but in any event within a (guarantee) period after delivery determined by Reiger, followed by a written confirmation thereof. A (guarantee) period of 6 months will apply if no (guarantee) period has been agreed. The activities are deemed to have been performed in accordance with the contract in the absence of such a report.
Claims under guarantees agreed are not possible if a complaint is not reported to Reiger within the terms referred to in the previous paragraphs. Furthermore, all consequences of a failure to report are for the risk of the Consumer.
Complaints do not suspend the Consumer’s payment obligation.
The Consumer must enable Reiger to investigate the complaint and provide all relevant information to Reiger for this purpose. In the event a return shipment is necessary for the purpose of investigating the complaint, such will take place for the Consumer’s account, unless it later becomes clear that the complaint was well-founded. The transport risk is always for the Consumer’s account.
Return shipments are always carried out in a manner to be determined by Reiger and in their original packaging.
It is not possible to complain about goods whose nature and/or composition was altered or that were modified or processed in whole or in part after receipt by the Consumer.
It is not possible to complain about errors and/or imperfections in approved documents, if these errors and/or imperfections could have been detected by the Consumery at a careful inspection of the initial draft.
Article 13: Guarantees
Reiger ensures that the agreed deliveries are carried out properly and in accordance with the standards that apply in the industry, but never provides a further guarantee with respect to these deliveries other than as agreed expressly between the parties.
Reiger guarantees the customary, normal quality and soundness of the goods delivered during the guarantee period.
When using raw or other materials and/or parts for the purpose of the production of the goods, Reiger will assume the information provided by the manufacturer or supplier of these raw and other materials and/or parts concerning the characteristics thereof is correct. The matters set out above mean that Reiger is not liable for damage of any kind that arises in connection with the raw and other materials and/or parts used. In the event the manufacturer or supplier has provided a guarantee in respect of the raw or other materials and/or parts delivered, such guarantee will apply in a similar manner between the parties. Reiger will inform the Consumer thereof.
If the purpose for which the Consumer wishes to process or use the goods deviates from the customary use of these goods, Reiger only guarantees that the goods are suitable for this purpose if it has confirmed this in writing to the Consumer.
If the goods delivered are used for sporting purposes (such as specific races) this may affect the guarantee period granted by Reiger and the content of the guarantee provided. Reiger always provides guarantees exclusively on the basis of the information it has received from the Consumer upon or within the context of order regarding the intended use or on the basis of the matters included in the order confirmation. All guarantees provided by Reiger lapse in the event the Consumer processes, modifies, uses the goods or has them used other than as indicated in the order or the order confirmation.
Without prejudice to the provisions of the other paragraphs of this article, all guarantees lapse if the Consumer fails to carry out or fails to have carried out the customary and necessary maintenance of the goods delivered to it.
In case the assignment consists of the modification (repairing, overhauling etc.) of the goods delivered by the Consumer, Reiger will guarantee the soundness of the activities performed for a period of 6 months after these activities were carried out.
The guarantee period referred to in the previous article lapses if it becomes clear that the products delivered by Reiger were not always maintained at a service centre recognised by Reiger or were not maintained in accordance with the maintenance regulations included in the delivery.
The guarantee cannot be invoked as long as the Consumer has not yet paid the price or fee agreed for the goods or the activities.
In the event the guarantee is invoked with good reason, Reiger will – at its discretion – arrange free repairs or replacement of the goods, perform the agreed activities correctly, or refund the agreed price or grant a discount on the agreed price. In case of additional damage, such will be subject to the provisions of the liability clause included in these general terms and conditions.
Article 14: Liability
Apart from the guarantees agreed expressly or provided by Reiger, Reiger accepts no liability other than the liability that must be accepted by Reiger in case of Consumer transactions pursuant to the law.
Without prejudice to the provisions of the previous paragraph, Reiger is only liable for direct losses. Any liability on the part of Reiger, such as direct trading losses, lost profit and/or losses sustained, losses due to delays and/or personal injury or property damage, is expressly excluded, other than the liability that must be accepted by Reiger in case of Consumer transactions pursuant to the law.
The Consumer must take all measures necessary to prevent or limit the damage. All costs that arise directly and/or indirectly from these measures will be for the Consumer’s account. The abovementioned measures include in particular compliance with the maintenance requirements included with the product delivered by Reiger.If it cannot be demonstrated that the products were maintained in accordance with the requirements, in so far as this is possible within reason, Reiger cannot be held liable for the resulting damage.
If Reiger is liable for the loss sustained by the Consumer, Reiger’s obligation to pay compensation is always limited to an amount not exceeding the amount paid by its insurer in the case concerned. If the insurer does not pay or if the damage is not covered by insurance taken out by Reiger, Reiger’s obligation to pay compensation is limited to an amount not exceeding the invoice amount of the goods delivered or the activities performed.
The Consumer is obliged to hold Reiger liable in this connection within at most 6 months after it became aware or could have become aware of the damage sustained.
Reiger is not liable and the Consumer cannot invoke the applicable guarantee if the damage arose due to one of the following causes:
inexpert use or use contrary to the designated use of the goods delivered or the instructions, advice, operating instructions etc. issued by or on behalf of Reiger;
inexpert custody (storage) or maintenance of the goods;
errors or gaps in the information provided to Reiger by or on behalf of the Consumer;
normal wear and tear, erosion or corrosion;
obsolescence and/or degradation of the goods due to outside influences other than influences that normally should not affect the goods;
directions or instructions issued by or on behalf of the Consumer;
choices made by the Consumer with respect to the goods to be delivered;
choices made by the Consumer with respect to the goods to be delivered;
repairs or other activities or repairs carried out by or on behalf of the Consumer in respect of the goods delivered, without Reiger’s express, prior approval.
The Consumer is fully liable in the cases referred to in the previous paragraph for all losses that arise therefrom and expressly indemnified Reiger against all claims from third parties for compensation of these losses.
The limitations of liability included in this article do not apply if the losses are attributable to intent and/or wilful recklessness on the part of Reiger or managerial staff at management level or if such is precluded by mandatory statutory provisions. Reiger will only indemnify the Consumer in these cases against any claims from third parties against the Consumer.
Article 15: Payment between companies
Reiger always has the right to demand (partial) payment in advance or any other security for payment from the Consumer.
Payment must be made within a payment term of 8 days after the invoice date, unless the parties have agreed a different payment term in writing. Invoices are deemed to be correct if the Consumer has not objected within the payment term.
If an invoice has not been paid in full or no direct debit could take place after expiry of the term referred to in the previous paragraph, the Consumer will be afforded in writing an additional term of fourteen days to pay as yet.
After this fourteen-day period has ended, the Consumer will owe Reiger default interest amounting to 2% per month, to be calculated cumulatively in respect of the principal sum. Parts of a month are counted as a full month in this connection.
Furthermore, Reiger will have the right to charge extrajudicial collection costs to the Consumer amounting to 15% of the invoice amount subject to a minimum of €150 in the event payment is still not made following a demand from Reiger.
If the Consumer does not pay in full, Reiger will have the right to dissolve the contract, without further notice of default, by means of a written statement or suspend its obligations under the contract until the Consumer has paid as yet or has provided sound security for this purpose.
Reiger will first use any payments made by the Consumer for the payment of any interest and costs due and thereafter for unpaid invoices with the oldest expiry dates, unless the Other Party indicates in writing when making payment that it concerns a later invoice.
The Consumer does not have the right to set off Reiger’s claims against any claims it may have against Reiger.
Article 16: Retention of title
Reiger retains title to the goods delivered and to be delivered under the contract until the moment at which the Consumer has complied with all of its payment obligations towards Reiger.
The payment obligations referred to in the previous paragraph consist of payment of the purchase price of the goods, increased by the claims in connection with activities performed related to the delivery and claims in connection with the Consumer’s attributable failure to comply with its obligations, such as claims for payment of compensation, extrajudicial collection costs, interest and any penalties.
If it concerns delivery of identical goods that cannot be identified individually, the shipment of goods belonging to the oldest invoices will be deemed to have been sold first. The retention of title therefore always applies to goods delivered that are still in the stock, store and/or inventory of the Consumer at the time of the invocation of the retention of title.
As long as the goods delivered are subject to a retention of title, the Consumer may not pledge the goods in any way or place the goods under the actual control of a financier by means of list of receivables pledged to the bank.
The Consumer is obliged to inform Reiger in writing immediately but within at most 3 working days in case third parties allege that they hold a right of retention or other rights in respect of the goods subject to retention of title.
The Consumer must store the goods with due care and identifiably as the property of Reiger as long as they are subject to the retention of title.
The Consumer must take out the required commercial or property insurance so that the goods that were delivered subject to the retention of title are always included in the insurance and will allow Reiger to inspect the insurance policy and the related proof of payment of the premiums upon first request.
If the Consumer acts contrary to the provisions of this article or Reiger invokes the retention of title, Reiger and its employees will have the irrevocable right to enter the Consumer’s premises and take back the goods delivered subject to retention of title. This applies in full to Reiger’s right to compensation of damage, lost profit and interest and the right to dissolve the contract without further notice of default by means of a written statement.
Article 17: Intellectual property rights
Reiger is and remains the party entitled to all intellectual property rights in respect of, arising from, related to and/or belonging to the goods delivered by Reiger within the context of the contract, unless the parties have agreed otherwise in writing. Reiger expressly and exclusively reserves the exercise of these rights, both during and after the performance of the contract.
This means among other things that the Consumer is not allowed to imitate, change, reproduce etc. the goods delivered by Reiger or parts thereof, without the prior, written approval of Reiger.
The Consumer guarantees that any documents and files provided by it to Reiger do not infringe the copyright or any other intellectual property right of third parties. The Consumer is liable for any losses sustained by Reiger as a result of such infringements and indemnifies Reiger against claims from such parties.
Article 18: Right of retention
Reiger has the right to suspend the delivery of the goods and documents ordered, which were created for the Consumer in connection with the performance of the contract as well as the return of documents and goods owned by the Consumer, which Reiger has in its possession for the assembly, maintenance or repairs, if and during the period that:
the Consumer has not paid or has not paid in full all costs of the activities carried out in respect of these goods;
the Consumer has not paid or has not paid in full all costs of the activities carried out previously by Reiger in respect of these goods;
the Consumer has not paid or has not paid in full other payable claims that arise from the contractual relationship with Reiger.
Reiger is not liable for any damage – of any kind whatsoever – that is the result of Reiger exercising the right of retention.
Article 19: Bankruptcy, having no power of disposition etc.
Reiger always has the right to dissolve the contract without further notice of default by means of a written statement at the moment at which;
the Consumer is declared bankrupt personally or a petition for his personal bankruptcy has been submitted;
an executory attachment is levied against the Consumer;
the Consumer is placed under guardianship or administration;
the Consumer otherwise loses its right to dispose of or legal capacity with respect to its assets or parts thereof.
The Consumer must always inform the trustee or administrator of the (content of the) contract and these general terms and conditions.
Article 20: Force Majeure
Reiger is not obliged to comply with any obligation towards the Consumer if it is prevented from doing so as a result of a circumstance that is not its fault, nor if it is not accountable by law, legal act or according to generally accepted standards.
Under these general terms and conditions, force majeure shall mean, in addition to the meaning thereof as laid down in the law and in case law, all external causes, anticipated or not anticipated, on which Reiger cannot exert influence, but which prevent Reiger from fulfilling its obligations. Including strikes within Reiger’s business or that of third parties. Reiger also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Reiger should have already complied with the relevant obligation.
Reiger has the right to suspend the obligations arising from the contract during the period of force majeure. If this period exceeds two months, each party will have the right to dissolve the contract without being obliged to pay compensation to the other party.
In so far as Reiger has already complied in part with its obligations under the contract at the time the situation of force majeure arises or will be able to comply with this obligation, and the part that has been or will be complied with has independent value, the User will have the right to invoice separately the part that has already been complied with or that will be complied with. The Consumer is obliged to pay this invoice as if it concerned a separate contract.
Article 21: Prohibition on use
All Reiger products, in any form whatsoever, may only be used for car and motor racing, unless agreed otherwise.
The use of the products for war vehicles or vehicles that could be used for the purpose of a military or other armed conflict, in any way whatsoever, directly and/or indirectly, is expressly forbidden.
The Consumer is liable for all losses that arise from the prohibited use in any way whatsoever, directly and/or indirectly.
Article 22: Cancellation, suspension
If the Consumer wishes to cancel the contract prior to or during its performance, it will owe Reiger a compensation to be determined by Reiger. This compensation comprises all direct and/or indirect costs incurred by Reiger and the losses Reiger suffered as a result of the cancellation, including lost profit. Reiger has the right to fix the compensation and – at its discretion and depending on the deliveries already performed – charge 20 to 100% of the agreed price to the Consumer.
The Consumer is liable towards third parties for all consequences of the cancellation and indemnifies Reiger against all claims from these third parties that arise therefrom.
Reiger has the right to set off all amounts paid by the Consumer against the compensation payable by the Other Party.
In case of suspension of the performance of the contract at the request of the Consumer, all costs incurred until that time will become immediately due and payable and Reiger will have the right to charge these to the Consumer. Also, Reiger has the right to charge all costs incurred or to be incurred during the period of suspension to the Consumer.
If the performance of the contract cannot be resumed after the agreed period of suspension, Reiger will have the right to dissolve the contract by means of a written statement addressed to the Consumer. If the performance of the contract can be resumed following the agreed period of suspension, the Other Party will be obliged to reimburse to the Consumer the costs that may arise from this resumption.
The Consumer retains in all cases his rights that vest in him pursuant to Section 5 of Title 5 of Book 6 of the Dutch Civil Code.
Article 23: Processing of personal data
When accepting and handling an assignment, it is important that personal data from third parties are exchanged. In order for the transmission of (sensitive) personal data to be made, the Consumer must make this data available to Reiger in a secure manner. Measures include sufficient security of equipment and ensuring sufficiently secured transmission.
Under the GDPR (General Data Protection Regulation), Reiger is obliged to protect personal data from the moment that they come under its control until the personal data can be destroyed.
After receiving the (sensitive) personal data, Reiger will handle these (sensitive) personal data with due care.
Reiger will only share the data with its employees insofar as sharing is necessary to ensure the proper handling of the assignment and to promote the quality of services provided by Reiger.
Reiger will never share data with third parties without the express, written approval of the Consumer, unless such is required by the nature of the assignment. In the latter case, your permission is deemed to be included when giving the assignment.
During the handling of the case, the personal data are carefully kept at the Reiger offices and only moved if proper handling of the file requires this. If the physical file is located outside the Reiger offices, Reiger will apply the necessary care in order to prevent the loss or unlawful processing of personal data.
Files and personal data will be stored both internally and externally by Reiger during the statutory retention period. Reiger will handle the storage and processing of the file with due care. In the event Reiger uses the services of third parties for the purpose of storage, Reiger will oblige the third party to apply at least the same level of security.
In the event a data breach occurs at Reiger or at one of its auxiliary persons, despite the care applied by Reiger, Reiger will only be liable if the data breach was caused by the fact that the security of its systems was not in good order. In addition, Reiger will only be liable in case of losses for direct losses caused by the data breach and not for the consequential losses.
Furthermore, any liability is limited firstly to the amount of the fees paid by the customer in the past three months and secondly to the amount paid by Reiger’s liability insurer in the case concerned.
Article 24: Final provisions
The contract concluded between Reiger and the Consumer is governed exclusively by Dutch law.
The applicability of the Vienna Sales Convention (CISG) is expressly agreed.
Any disputes will be submitted to the competent court in the place where the Consumer has its place of business.
If the Consumer is established abroad, Reiger will have the right to decide to submit the dispute to the competent court in the country or state where the Consumer is established or the place where Reiger has its registered office.