Capitalized terms, both singular and plural, shall have the meanings set forth in this article:
a. Techit: the private company with limited liability Techit B.V., established in (3905 PH) Veenendaal at the address Landjuweel 68, registered at the Chamber of Commerce under number: 80279422.
b. Client: the other party that places an order with Techit.
c. Parties: from Techit and Client jointly.
d. Agreement: any arrangement or agreement between Techit and Client, and of which the Terms and Conditions are an integral part.
e. Work: all work to be performed by van Techit on behalf of the Client, including but not limited to the performance of installation work, configuration, assembly work, the laying of cabling as well as any drilling, digging and breaking work.
f. Items: all items to be delivered or supplied by Techit to the Client under the Agreement (whether or not for the purpose of an Event), including but not limited to IT equipment, network equipment, sound systems, telephones and video installations.
g. Work: the total of Work and/or Items that Techit delivers to the Client under the Agreement.
h. Subscription: the Agreement on the basis of which Techit delivers services to the Client, such as but not exclusively relating to system management, telephony and internet.
i. Rented: all items rented by Techit to the Client, such as but not exclusively IT equipment, network equipment, sound installations, telephones and video installations.
j. General Terms and Conditions: these general terms and conditions of Techit, which are filed with the Chamber of Commerce under number: 80279422.
1. The Terms and Conditions apply to and are part of every (legal) act related to the preparation, realization or execution of the Agreement. The Terms and Conditions also apply to all subsequent Agreements between the Client and Techit, if the Client has accepted their validity in previous Agreements with Techit.
2. The Terms and Conditions also apply to the work or deliveries carried out by third parties as part of the Agreement.
3. The applicability of any terms and conditions of the Client is explicitly excluded.
4. Deviation from the Terms and Conditions is only possible if the Parties have agreed this explicitly and in writing in advance.
5. Techit reserves the right to change or supplement the Terms and Conditions (interim). Changes take effect 30 days after notification of the changes to the Client.
6. Techit may not always require strict compliance with the Terms and Conditions. This does not mean that the provisions do not apply or that Techit loses the right to require strict compliance with the Terms and Conditions in other cases.
7. If any provision in the Agreement or Terms and Conditions turns out to be void, this does not affect the validity of the entire Agreement or Terms and Conditions. The parties will in that case adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as is legally possible.
8. All articles mentioned in Chapter I (General Provisions) of these General Terms and Conditions are integrally applicable to Chapter II (Work and Goods), Chapter III (Subscription) and Chapter IV (Rental) of these General Terms and Conditions.
1. Quotations may be issued by Techit orally or in writing.
2. An offer made by Techit is additionally valid for 14 days after it is sent, unless otherwise indicated on the offer. If Client accepts an offer, Techit has the right to revoke the offer within 3 business days of receiving the acceptance.
3. Techit cannot be held to offers if they contain an obvious mistake or clerical error.
4. An offer expires if the Case to which the offer relates is no longer available in the meantime.
5. If an offer is based on information provided by the customer and this information turns out to be incorrect or incomplete or changes afterwards, Techit has the right to adjust the prices, rates and/or terms given.
6. If a quotation consists of a composite quotation, Techit cannot be obligated to perform any part of the quotation at part of the price specified in the quotation.
7. The contents of all quotation documents, such as drawings, descriptions or specifications, are as accurate as possible, but are not binding.
8. Client must treat the information contained in the quotation documents as confidential and may not use it for its own use or disclose it to third parties.
9. If no agreement is reached based on Techit’s offer, Techit is entitled to a reasonable compensation from the Client for the costs related to its offer, such as the costs of designing or estimating, according to article 7:405 of the Civil Code. Payment of the offer costs due will take place within 14 days from the date of the relevant invoice.
10. An Agreement between Techit and the Client comes into being when the Client accepts an offer from Techit or at the moment Techit has started to perform the Work, services and/or delivery of Goods without contradiction from the Client.
1. The Client is obliged to provide all data and/or information, which Techit indicates it needs for the correct execution of the Agreement and/or of which the Client knows or can reasonably know that Techit needs this information for the correct execution of the Agreement, in the form, in the multitude and in the way Techit wishes and furthermore in time so that Techit can execute the order without delay.
2. Client warrants to Techit the accuracy, completeness and reliability of the data and information provided to Techit, even if such information comes from a third party.
3. If any facts or circumstances occur that the Client knows or can reasonably know are or may be relevant to the performance of the Agreement, the Client shall immediately notify Techit of those facts and circumstances.
4. The client has to make sure that the work to be performed by others and / or deliveries, which are not part of the order of Techit or the third party (parties) used by Techit, will be performed in such a way and in such a timely manner, that the performance of the order will not be delayed.
5. If the Client fails to comply with the obligations mentioned in paragraphs 1 to 4, Techit is entitled to suspend the performance of the Agreement. In addition, in that case, the Client is obliged to compensate Techit for the resulting extra costs, Work or other damages.
1. Techit will execute the Agreement to the best of its knowledge and
ability in accordance with the requirements of good
workmanship on the basis of an
obligation of effort. Techit determines the
manner and means by which the
Agreement will be executed. Techit takes
into account as much as possible the wishes made known by
the Client.
2. Terms agreed or issued by Techit
are never deadlines. If
a deadline is exceeded,
the customer has to declare Techit in default in writing
. Techit needs to be offered a reasonable period
– at least 14 days – to still perform
the Agreement.
Exceeding a deadline by Techit does not give
the right to a
compensation.
3. Techit has the right to involve third parties in the
performance of the obligations which result
from the Agreement or to transfer the obligations which
result from the Agreement entirely or
partially to a third party.
Article 6. Prices and costs
1. All prices quoted by Techit are excluding
VAT, other levies imposed by the government
, travel costs, accommodation costs and
transport costs, unless otherwise agreed between Parties in writing
.
2. If after the formation of the Agreement,
but before the task is fully completed,
prices in respect of raw materials, wages or
materials change, Techit
is entitled to adjust the agreed rate
accordingly without the
Client being able to terminate the Agreement.
3. Techit is authorized to increase agreed prices
without Client being able to terminate the
Agreement, if the increase
of the price results from a power or
obligation under laws or regulations.
4. Costs arising from or related to
additions and amendments to the Agreement
shall be borne by Client.
Article 7. Invoicing and Payment
1. Techit is entitled to require an advance payment
prior to the
execution of the Agreement. A paid advance will be deducted from the last
invoice. As long as
Client has not paid the advance invoice on time and/or
in full, Techit has the right
to suspend the performance of the Agreement
and/or charge Client for the resulting additional
costs.
2. Each invoice is subject to a payment term of
14 days from invoice date, unless otherwise agreed in writing
between the Parties.
3. Techit is entitled to invoice periodically.
4. If Client fails to timely and/or fully
fulfills his payment obligation(s), then
Client is in default and Techit, without
further summons or notice of default, the right
from the due date of the invoice
charge the legal interest until
the date of full payment, without prejudice to any further rights Techit
has.
In addition, all costs incurred as a result of judicial or extra-judicial
collection of the claim(s) are for the account of
the Client. These are at least the
costs over the principal sum according to the
Decree for compensation of extrajudicial
collection costs, with a minimum of € 150,00.
5. Techit has the right to receive payments made by
Client to Techit first in
GENERAL TERMS AND CONDITIONS
Techit B.V.
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deduct expenses, then deduct accrued interest at
and
finally deduct principal
and accrued interest.
6. If, in the opinion of Techit
, the Client’s financial position or payment record
gives reason to do so, Techit
may require (additional) security in a form to be determined by
Techit.
7. Objections to (the amount of) an invoice
must be reported in writing to Techit within 14 days of the invoice date
. Each
notification has to contain a detailed
description of the complaint so that
Techit is able to respond adequately. Objections
to (the amount of) an invoice do not suspend the
payment obligation(s) of the Client
.
Article 8. Suspension and dissolution
1. Techit has – in addition to its legal powers
to dissolve and suspend – the right with
immediate effect to dissolve the Agreement
and/or suspend the execution of the
Agreement, if one of the
following events occurs:
a. Client does not, not fully or not timely fulfill the obligations under the
Agreement and/or General Conditions
;
b. After the conclusion of the Agreement
Techit has become aware of information that gives good
grounds to fear that
the Client will not fulfill its obligations;
c. Client dies;
d. a request for (temporary)
suspension of payments has been filed by Client;
e. Client is declared bankrupt or a petition for bankruptcy has been filed
;
f. an attachment has been levied against Client;
g. a resolution for the dissolution and/or liquidation of
Client has been
concluded;
h. Client otherwise loses the
power of disposition or
legal capacity with respect to
its assets or parts thereof.
Client is obliged to notify Techit immediately
of the occurrence of any event referred to in sub
d through h.
2. If Techit uses its termination or
suspension powers, all costs and damages resulting
for Techit will be for
account of the Client and all
claims of Techit will be immediately due and payable.
3. If Techit proceeds with suspension or dissolution,
Techit shall not be liable in any way for
the damage caused to Client
as a result.
4. Client waives all rights to
whole or partial dissolution of the
Agreement or whole or partial
suspension of his/her
(payment) obligations.
Article 9. Right of Retention
1. Techit has the right of lien on all data, papers and other
property of the Client which is located at
until the moment
the Client has paid all the debts
to Techit.
2. Techit is not liable for any damages
– of whatever nature – resulting from the
right of retention exercised by it.
Article 10. Intellectual property rights
1. The Client is explicitly forbidden to
infringe on the intellectual
property rights of Techit and/or third parties hired there by her
. All intellectual
property rights of Techit including
concerning drawings, sketches, constructions,
advice, descriptions, reports, working methods
etc. and all (possible) changes and extensions
thereto, belong exclusively to Techit and/or third parties hired by
.
2.
The Client is explicitly forbidden to infringe on the intellectual
property rights of Techit and/or third parties hired by it
, for example by
reproduction, publication and/or
exploitation, unless Techit has explicitly
given written permission to do so.
Article 11. Complaints Procedure
1. If the Client has a complaint about
Work performed, Goods delivered and/or about
other aspects of the service provided by
Techit, the Client may submit a complaint in writing to Techit
. Any complaint should
contain as detailed a description as possible of
the complaint so that Techit is able to
respond appropriately.
2. Techit will give the Client a response to the complaint as soon as possible,
but in any case within one month after
receipt of the complaint.
If it is not yet possible to make a substantive or
final response, within one
month of receiving the complaint, Techit will
acknowledge the complaint and provide an indication of the time period
within which it expects to provide a substantive or
final response to the complaint.
3. If Client files a complaint, this
does not suspend his payment obligation(s).
4. If Techit finds that the Client is justified in filing a complaint
, Techit will – one and
all at Techit’s discretion – provide an
appropriate solution.
5. If Techit judges that the Client has filed a complaint
unjustly, then the costs
incurred as a result – including the
investigation costs – on the part of Techit will be for
account of the Client.
Article 12. Contract Assumption
Client is not entitled to transfer the rights and
obligations under the Agreement to
a third party without Techit’s written consent.
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Techit B.V.
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Article 13. Force majeure
1. Techit is not obliged to fulfill any
obligation towards the Client if it is hindered to do so
due to force majeure.
2. In these General
Conditions means – in addition to what
thereon in law and case law is
included – all external causes,
foreseen or unforeseen, on which Techit has no
can influence and thus Techit is not in
is able to fulfill its obligations, such as
pandemics, epidemics, illness of personnel,
default by suppliers, subcontractors or other
third parties on which Techit depends, a
general lack of needed raw materials
and/or other for establishing the
agreed performance required sick or
services, transportation problems due to a
shortage of transportation resources,
government measures that prevent compliance
impede, extreme weather conditions,
public health hazard, failures of
public infrastructure, general
transportation problems, strikes, fire, theft,
war, terrorist attacks, domestic
unrest or natural disasters.
3. Techit can suspend its obligations under the
Agreement during the period that the force majeure
continues. If this period
lasts longer than two months, then the parties
are entitled to dissolve the Agreement, without
any obligation for compensation from Techit to
Client.
4.
If at the time of the occurrence of
force majeure Techit has already fulfilled or will be able to fulfill all or part of its obligations under the
Agreement, Techit
is entitled to invoice the part already fulfilled and/or to be fulfilled
. Client is
obliged to pay this invoice.
Article 14. Liability
1. Techit is only liable as far as this
article shows. The same applies for third parties hired by Techit for
the purpose of the execution of the Agreement
.
2. The limitations of
liability of Techit contained in this provision do not apply if the
damage is due to intentional or deliberate
recklessness of Techit.
3. Techit is not liable for the quality of
the material provided by or on behalf of Client
.
4. Techit is not liable for damages, of any
nature, caused by Techit’s reliance on
incorrect
information or data provided by or on behalf of the Client.
5. Techit is not liable for any damage
resulting from the constructions, working methods and
tools prescribed by or on behalf of Client
as well as orders and instructions given by or on behalf of
Client.
6. Techit is not liable for damages
incurred in connection with force majeure (Article 13).
7. Techit is not liable for any
damage caused by:
a. careless or incompetent use of
Items and/or the result of the performed
Work;
b. wear and tear due to normal use of Goods
and/or of the result of the performed
Work;
c. a Case and/or the result of the performed
Work to be used for another
purpose than for which it is intended;
d. improper maintenance of Items and/or the performed
Work by someone other than Techit;
e. repair or maintenance of a Case or
Work performed by another
than Techit;
f. placement, processing or Techit and/or
processing Business or performed
Work by someone other than Techit;
g. circumstances beyond Techit’s control
such as (extreme)
weather conditions and
temperature changes;
h. other accessories placed on or
to a Good or on or to the result of
Work performed by any other
than Techit;
i. software downloaded or installed by the Client
on a
Good;
j. use contrary to the instructions and/or manuals provided by Techit.
8. Techit is never liable for indirect damage,
including consequential damage, lost
profits, missed savings and damage due to
business stagnation.
9. Techit can only be liable for
direct damage caused by a
attributable failure to perform the
from the Agreement
obligation(s) that the Client has reported to Techit by registered mail within 14
days after the Client has
become aware of it or could have become aware of it
.
Direct damages are defined as:
a. the reasonable costs to determine the
cause and extent of damage, for
Insofar as the determination relates to the
damage within the meaning of these General
Prerequisites;
b. any reasonable costs incurred to make the
Techit’s deficient performance to the
Agreement;
c. reasonable costs incurred to prevent or
limit damage, provided that Client
demonstrates that these costs have led to
limitation of direct damage as referred to in
these General Terms and Conditions.
10. Techit’s (cumulative) liability on
any legal ground(s) is at all times
limited to the amount paid out under Techit’s
liability insurance policy in the
relevant case.
11. If for any reason no payment is made from
the aforementioned insurance,
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Techit B.V. shall apply.
Page 5 of 10 Version: December 2022
That any (cumulative) liability,
based on any legal ground(s), there
cannot result in a monetary amount to be paid to
Client greater than
the amount invoiced under the
portion of the Agreement to which the
liability relates.
12. Any liability of Techit expires by
lapse of 6 months from the time
the Agreement – for whatever reason – has
ended.
Article 15. Indemnification
1. Client indemnifies Techit against all
claims of third parties related to
or arising from the legal relationship existing between Techit and
Client.
2. The Client explicitly indemnifies Techit for
claims of third parties regarding right
of intellectual property on the data provided by
Client to Techit.
3. If and insofar as the Client has insured any risk associated with the
Agreement,
he is obliged to claim any damages under that
insurance and to indemnify Techit
for recourse claims by the insurer.
Article 16. Applicable law and disputes
1. All legal relationships to which Techit is a party
are governed by Dutch law.
2. Unless otherwise required by mandatory law,
all disputes between Techit and the Client
will be submitted to the competent judge of
the district where Techit is located.
3. The parties will first attempt to resolve a dispute in mutual
consultation before any
recourse to the courts.
CHAPTER II. BUSINESS AND OPERATIONS
Article 17. Applicability
1. Chapter II applies additionally to
Chapter I (General Provisions) when Techit
performs Work for and/or delivers Goods
to the Client.
2. In case of contradictions between the provisions of this
chapter of the General Terms and Conditions and
provisions of Chapter I of the General
Terms and Conditions, with regard to the
performance of Work and the delivery of
Goods what is stated in this chapter prevails.
Article 18. Delivery of Goods and
retention of title
1. Delivery of the Goods shall be made by Techit Ex
Works (according to Incoterms 2020), unless
Parties have agreed otherwise in writing.
Risk for the Goods shall pass to the Client on
the moment Techit makes the Goods available to the Client at Techit’s
premises
. The risk of damage to or
loss of the Goods during transport is therefore
for the account of the Client.
2. If the parties agree that Techit will deliver the Goods to
an address specified by the Client,
then the Client is obliged to take delivery of the Goods at
the moment they are delivered to the address specified by
the Client.
Transport costs are for the account of
the Client. If the Client refuses to take delivery
or is not present, Techit
is entitled to store the Goods at the risk of
the Client. The associated costs
– including transport and
storage costs – are for the account of the
Client.
3. All delivered Goods remain property of Techit
until all claims Techit has on
the Client (including any related
(collection) costs and interest)
are paid in full.
4.
The Client is not authorized to
sell, deliver or otherwise dispose of a Good prior to said
transfer of ownership. In addition, Client
shall not be permitted to pledge this Good or grant any other right thereto to
third parties as long as
ownership of the Good has not passed to Client
.
5.
If third parties seize the Goods delivered under
or
want to establish or exercise other rights on them, the Client is obliged to inform Techit
immediately.
6. Techit is entitled to sell the Case that is under
delivered and still present at
Client if
Client does not ensure timely payment
or is in payment difficulties
or threatens to be in payment difficulties.
7. If Techit wishes to exercise its property rights referred to in this article
,
gives Client in advance unconditional and
GENERAL TERMS AND CONDITIONS
Techit B.V.
Page 6 of 10 Version: December 2022
non-revocable permission to Techit to enter all
those places where Techit’s
property is located and to take back that Property
.
Article 19. Execution of Work
1.
The Client is obliged to actively inform Techit about the location of cables, pipes
and the like at the place where the Work has to be performed
before the start
of the Work and/or deliveries.
2. If the Parties agree that Techit will perform
Work at a location designated by
the Client, then the Client
is obliged – unless the Parties have agreed otherwise in writing beforehand
– to take care of the following
free of charge:
a. for the necessary permits (if any),
waivers and decisions;
b. that Techit will be on the pre-announced
working hours has free access to the place
Where the Work is to be
performed;
c. that the location is easily accessible;
d. that the site is level and free of obstacles
above, on or in/under the ground as well as is free
From foreign objects and substances;
e. that the location where the Work will be
performed is free of excess materials and
waste;
f. that the location where the Work will be
performed meets the legal
(safety) requirements and other
government regulations;
g. that Techit has access to the necessary
(utility) facilities, the costs of which
shall be borne by the Client;
h. that Techit has access to a space in the immediate vicinity of the
site to store
materials if necessary;
i. that Techit has access to a scrapping room and a
wash and toilet facility in the immediate vicinity of the
site.
3. If the Client fails to comply with
the obligations mentioned in paragraphs 1 and/or 2
then Techit is entitled to suspend the performance of the
Agreement. In addition
Client is obligated to reimburse Techit
for any additional costs (such as but not
exclusively for the use of dragline bulkheads
or driving plates), Work or other damages
resulting therefrom.
4. Techit performs agreed Work
without interruption (on consecutive days)
and at Techit’s normal working hours (from
Monday to Friday between 08.30 and 17.00
hours).
5. Techit shall determine how and by which
person the Work will be performed.
6. Client allows Techit to affix name
designations and advertising to the
place(s) where Work is performed.
Article 20. (Completion)delivery and examination
1. If the Work and/or deliveries of
Goods are (re)delivered in parts, the
(re)delivery of each part will be regarded as a separate
performance.
2.
The Client is not entitled, before the day
on which the Work is regarded as delivered or completed
, to carry out or have carried out work on the Work itself or by a third party, unless
Techit has given written permission.
3. Work and/or deliveries of Goods
are considered completed as soon as Techit
has notified the Client that the
Work and/or deliveries of Goods
are ready.
4. Client is obliged immediately after the
Work and/or delivery of Goods are
completed thoroughly verify that the
Work and/or delivered of Goods have been performed by
Techit properly and in accordance with the Agreement
.
5. The Work and/or delivery of Goods
will in any case be deemed to have been performed and completed in accordance with the
Agreement if:
b. The Client has approved the Activities and/or
delivered Goods;
c. The Client has not rejected in writing the Work and/or
delivered Goods within 7 days after
the Work and delivery of Goods
have been completed.
6. If the Client disapproves of the completed Work
and/or delivered Items,
the Client must notify Techit of such disapproval in writing within 7
days of completion. The
notification should contain as detailed as possible
description and substantiation of the disapproval
or defect, so that Techit is able
to respond adequately.
7. The notification referred to in paragraph 6 of this article
does not suspend the Client’s payment obligation
.
8. If Techit deems that the Client has rightly rejected (a
part of) the Work, and/or Goods
then Techit will – at
Techit’s discretion – provide a suitable solution
.
9. If Techit deems that the Work and/or
Goods are rejected wrongly or in violation of paragraph 5 of this article
, then the costs that arise from this
– including the
investigation costs – on the side of Techit will be for the account of
the Client.
Article 21. Early Commissioning
1.
If the Client wishes to take (parts of) the Work into use
before the planned
delivery or completion, the Client must approve the
Work relating to (parts of)
the Work that it wishes to take into use earlier and sign it for completion
before the
date of this early taking into use. However, if the Client fails to do so and
puts (parts of) the Work into use,
the Work is deemed to have been approved and
completed.
GENERAL TERMS AND CONDITIONS
Techit B.V.
Page 7 of 10 Version: December 2022
2. Damage arising as a result of commissioning as
referred to in paragraph 1 of this article to (parts of) the
Work shall be for the account and risk of
Client.
Article 22. Additional and less work
1. All changes in the execution of the
Agreement, either at the request of
Client, or as a result of the fact that
by whatever circumstances another
execution is necessary, shall be considered as additional work
if there are additional costs
involved. Additional work is subject to these
General Conditions.
2. If the Client requests Techit to perform additional work
, Techit may at any time
refuse to comply with such a request or
enter into negotiations.
3. Extra work is calculated on the basis of the value
of the price determining factors valid at the
moment the extra work is performed. Techit
will inform Client as much as possible in advance
of the costs associated with
additional work. The absence of a written
order from the Client regarding
the extra work shall not affect Techit’s claims for
payment.
4. The Client accepts that additional work
may cause a delay in the execution of the
Agreement. Client has no right to compensation for that
delay.
5. If (the demand for) additional work
arises during the performance of the
Agreement, this shall not constitute a ground for
termination or dissolution of the Agreement
for the Client.
6. Cost-increasing circumstances that cannot be
attributed to Techit will be settled as
being extra work. Techit will notify the Client
as soon as possible.
7. After an Agreement has been established between the Parties
, the Client cannot cancel the Agreement
in whole or in part unless Techit
agrees to do so in writing. If Techit agrees
to a request from the Client for full or
partial cancellation, Techit is entitled
to claim compensation for the damage suffered by it as a result
of this, which amounts to at least
50% of the fee (including VAT) for the
cancelled Work and/or
cancelled Goods.
8. Settlement of additional and less work takes place
at the final settlement, unless the Parties
have agreed otherwise in writing.
Article 23. Prices and Costs
1. All issued prices are based on
performing Work on Techit’s normal
working hours (from Monday to
Friday between 08.30 and 17.00) and without
interruption.
If the Client requires Techit
to perform Work outside
Techit’s normal working hours or with
interruption (not on consecutive days),
then Techit is entitled to charge the Client an extra
fee for this.
2. All prices quoted by Techit include
drilling and breaking work, provided the drilling and
breaking work relates to
stone or plaster walls. Drilling and
crushing work in respect of other
walls – such as but not exclusively (reinforced)
concrete or metal – will be charged to the Client
on the basis of
post-calculation in accordance with the rates, calculation methods
and working methods customary at Techit
.
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Techit B.V.
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CHAPTER III. ABBONNEMENT
Article 24. Applicability
1. Chapter III applies additionally to
Chapter I (General Provisions) if
Client and Subscription is taken out with Techit.
2. In case of contradictions between the provisions of this
chapter of the General Terms and Conditions and
provisions of Chapter I of the General
Terms and Conditions, with regard to the
Subscription what is stated in this chapter
shall prevail.
Article 25. Services
Techit makes every effort to ensure that the services arising from the Subscription
run as smoothly as possible
. However, it is technically impossible
to prevent every disruption or limitation of the service
. Techit makes every effort to remedy service disruptions or
limitations as soon
as possible.
Article 26. Ownership and protection of facilities.
1. The Agreement does not include any
transfer of ownership of facilities – such as but
not limited to cables, equipment and
network connection points – by which Techit
establishes connections.
2. The Agreement also does not include the transfer
of intellectual property rights used by Techit in the
framework of the execution of the Agreement
such as with respect to
of software made available.
These intellectual property rights remain
vested in Techit and/or third parties engaged by it at
.
3. Client receives a non-exclusive non-transferable
right to use any
software for the duration of the
Agreement to the extent
necessary to use the Subscription
.
4. Client must ensure that the
facilities at the agreed location
are handled with care.
5. If third parties with respect to facilities on the
agreed location to assert rights
or to take measures such as
seizure, the Client must notify them
immediately of Techitop’s rights
. The Client must inform Techit immediately
about this.
6. The Client is not entitled to make its own changes
to facilities or to
move them or have them moved by others than Techit
unless
Techit has given written permission
to do so.
7. Client shall leave unaffected
the type numbers, serial numbers,
logos and/or other markings affixed to the facilities
.
Article 27. Fees, Rates and Payment
1. Client owes Techit fees
for the Subscription and the resulting
services as the Parties have
agreed in the quotation / Agreement.
2. Fees may consist of amounts due once
, amounts due monthly or
otherwise periodically, and
amounts contingent on the use of
services.
3. Techit will charge priodically due fees
in arrears.
4. Techit is entitled to adjust the agreed
fees and rates annually
with a minimum increase of the annual
indexation based on the CBS index figure.
Article 28. Duration Subscription
1. A Subscription is entered into for
indefinite period and has a minimum duration of
one year, unless the Parties have agreed otherwise in writing
.
2. The Subscription may be terminated by the Parties in writing towards the end and after
expiration of the minimum term of one year
with
observance of a notice period of one
month.
3. If the Customer prematurely terminates the Subscription
before the minimum period of one year has
expired wishes to terminate, then
Client remains obligated to pay the periodic
fees over the remaining period of
the minimum period.
4. After termination of the Subscription,
Client must provide the
opportunity to remove the facilities at
the agreed location upon Techit’s first request. If, one month after termination of the
Subscription,
Client has not yet given Techit the opportunity
to perform the work,
Client continues to owe Techit the periodic fees
referred to in article 27 of the General
Conditions until the
moment that Techit has been able to perform the aforementioned
work.
Article 29. Liability of Client
Client is liable for damage caused by
a shortcoming attributable to Client
. This damage also includes damage as
result of destruction, loss, theft or damage
of facilities at the agreed location, if
the occurrence of this damage can be attributed to the Client
GENERAL TERMS AND CONDITIONS
Techit B.V.
Page 9 of 10 Version: December 2022
CHAPTER IV. RENTAL
Article 30. Applicability
1. Chapter IV applies additionally to
Chapter I (General Provisions) with
respect to the Rented Property, for example but
not exclusively for the purpose of an event
of the Client.
2. In case of inconsistency between the provisions of this
chapter of the General Conditions and
provisions of Chapter I of the General
Conditions, what is stated in this chapter shall prevail with respect to the
Rented Property.
3. If Techit with respect to the Rented Property
Work, such as but not
exclusively (temporary) installation work,
then the provisions with
regard to the performance of Work
as mentioned in Chapter II also apply.
Article 31. Modification of Agreement
1. If the Client wishes to
cancel, supplement or amend the Agreement,
the Client must submit a written request to Techit in
. Techit is not obliged to agree to
such a request.
2. If Techit agrees to a request to amend
the Agreement with the Client and the
Agreement is cancelled in whole or in part
as a result, the Client will owe the
following compensation to Techit.
If the cancellation takes place:
a. up to 7 days prior to the
delivery date of the Rented, then
Client obliged to pay 30% of the total
agreed fee to Techit to
comply;
b. more than 48 hours but less than 7 days
prior to the delivery date of the
Rented, then the Client shall be obliged to
50% of the total agreed
compensation to Techit;
c. more than 24 hours but less than 48 hours
prior to the delivery date of the
Rented, then the Client shall be obliged to
75% of the total agreed
compensation to Techit;
d. within 24 hours prior to the
delivery date of the Rented, then
Client shall be obligated to pay 100% of the
total agreed fee to Techit
.
In addition, Techit is entitled to charge the damage
it suffers due to the full or partial cancellation
to the Client.
3. If Techit agrees to a request for modification
of the Agreement with the Client and the
Agreement is supplemented as a result, then
Techit will make every effort to
inform the Client of the costs involved
. The absence of a written order
from the Client regarding the
completion of the Agreement shall not affect Techit’s
claims for payment.
4. If due to any circumstance a
change in the execution of the Agreement
is necessary, then the associated
costs will be charged to the Client at
according to Techit’s current
rates. Techit endeavors to inform the Client
as much as possible in advance about
the amount of these costs.
5. Even in case of a modification of the
Agreement, the General Conditions
remain applicable.
Article 32. Provision of Rented Property
1. The Rented object will at all times remain the property of
Techit and/or third parties engaged by it. If
third parties wish to establish
or assert any rights over the Hired, the Client is obliged to notify
Techit immediately – at the latest within 24 hours –
.
2. As soon as the Customer has taken delivery of the Rented Objects
, the risk and
the liability for the Rented Objects will pass to
the Customer until Techit has taken delivery of the Rented Objects for
return.
Article 33. Use of Goods
1. The Client is obliged to take care of the Rented Objects as a “good
caretaker” and to keep them
in good condition.
2. Client is in any case obliged to strictly comply with the
following provisions.
3. The Client may use the Rented exclusively
for the purpose for which the Rented
is intended.
4. The Client is not permitted to use the
Move Rented to or use at
any location other than the place of
delivery/installation, unless Techit has given
prior written consent
.
5. The Client is not permitted to sublet or otherwise make the
Rented available to third parties at
.
6. The Client is not permitted to
make any changes to the Rented Objects
and make any repairs (whether or not by
third parties) unless Techit has given its written consent
to do so. This includes
the replacement of parts of
the Rented object.
7. Client is obliged to ensure that
the Rented is operated only in accordance with
the user instructions and/or (other)
manuals.
8. The Client is obliged to follow all instructions of
Techit regarding the Rented Property
.
9. The Client is obliged to ensure that
the Rented Property is only operated by the
authorized persons.
10. The Client undertakes to provide Techit with access to the Rented Property at all
times.
11. Client agrees to pay all charges
and penalties arising from the use of the
Rented by Client, its personnel or
GENERAL TERMS AND CONDITIONS
Techit B.V.
Page 10 of 10 Version: December 2022
other engaged third parties, to be paid.
In that case, Techit has the right to charge
administrative costs in the amount of €50 per
case to the Client.
12. Client is obliged to the extent possible
take preventive measures to
prevent damage, theft, loss and/or misappropriation, such as the (correct) use of
locks as well as locking the location where
the Rented object is located. If there is any
damage, theft, loss and/or embezzlement and
Techit is of the opinion that the Client has not taken
sufficient preventive measures
, it is up to the Client to prove the
contrary. If the Client cannot demonstrate
that it has taken sufficient preventive
measures, the damage,
theft, loss and/or misappropriation will be attributable to
the Client.
13. In the event of theft, loss or misappropriation
of the Rented Property, the Client is obliged to
report this to Techit as soon as possible – no later than 24 hours
after its discovery – and
to cooperate in reporting it to a
police station.
14. The Client is obliged to report damage to or
caused with the Rented Property immediately –
at the latest within 24 hours of its occurrence –
in writing to Techit. In the event of
damage to the Rented Property, the Customer
is not permitted to use the Rented Property,
unless Techit indicates otherwise in writing.
15.
If the Customer fails to comply with
one or more of the obligations mentioned in paragraphs 1 to 14 of this
article and this results in extra costs or Work
for
Techit or other damage,
then the Customer is obliged to compensate Techit for those costs, extra
Work and/or damage.
Article 34. Return
1. The Client will return the Rented object at the end of
the Agreement in the condition that Techit
may expect of a properly maintained
item of the kind to which the Agreement relates
.
Except for normal wear and tear, the Client will return the rented
object to Techit without any defects and in a clean and good condition. Techit is entitled to charge – if necessary –
the cost of repair and/or cleaning to
Client.
2. If Techit does not find anyone on collection of the Hired
, Techit is entitled to take the Goods with them
.
3. The Rented Objects will be inspected by Techit
after return, if desired by appointment in
the presence of the Client. If at
the aforementioned inspection any damage is found to the Rented
, the Client will inform
this as soon as possible.
The Client is liable for the damage found at
and is obliged to compensate the
damage to Techit.
Article 35. Liability of Client
and indemnification
1. Client is at all times obliged to limit damages
as much as possible.
2. Client is during the period that Techit
making the Rent available to the Client
asserts liability for all damages to the
Rented or caused by the Rented, with
including the damage in connection with
damage, theft, loss or misappropriation
of the Rented, unless the damage is due
to willful intent or deliberate recklessness of Techit.
3. The damage for theft, loss or
embezzlement of the Goods or in case of
the destruction of the Rented Property will be calculated – at the
discretion of Techit – on the basis of the
replacement value or daily value.
4. The Client is obliged to pay to Techit the expert fees incurred by Techit
for determining
the damage to the Rented Property or caused
with the Goods.
5. For the account of the Client, and for this
the Client indemnifies Techit, in any
case:
a. damage caused by gross negligence,
intent or deliberate recklessness on the part
of the Client;
b. damage to third parties caused by
a situation for which the
insurance terms of Techit’s
liability insurance do not provide
coverage;
c. the excess amount as resulting from Techit’s
insurance terms and conditions;
d. fines, fines and/or costs for Techit,
resulting from actions of
Client, its personnel or other
engaged third parties.
