General delivery conditions Dissertation specialist
Thesis Specialist is a trade name of Scanlaser BV.
Thesis specialist is located: Symon Spiersweg 4, 1506 RZ Zaandam | Chamber of Commerce 35017036
Offers, agreement and services
These general terms and conditions apply to all offers, agreements and services whereby Proefschriftspecialist provides services and/or goods of whatever nature, even if they are not described (further) in these terms and conditions, unless the parties have expressly agreed otherwise in writing. All offers are without obligation.
Any conditions of the client do not apply, unless they have been expressly accepted in writing by Proefschriftspecialist. The Agreement with Dissertation Specialist is only concluded after payment of the ordered goods.
Rates, rate changes and payment
All rates are exclusive of turnover tax (VAT) and other government levies unless stated otherwise. Payment for the products will be completed immediately upon ordering, after the payment has been processed the order will be initiated.
If the client makes changes to the agreed specifications, Proefschriftspecialist is entitled to increase the agreed price. Changes to the specifications are in any case considered to be: author's corrections or changed instructions after receipt of models and of typesetting, printing, printing and other proofs.
Extra laborious text, unclear models, faulty information carriers, faulty computer software or data files, faulty method of delivery of the materials or products to be supplied by the client and all similar supplies by the client that require Proefschriftspecialist to perform more work or costs than they did when entering into could reasonably expect from the agreement, are grounds for an increase in the agreed price.
Unless expressly agreed otherwise in writing, full payment of invoices sent by Proefschriftspecialist must be made within 14 days of the invoice date, without the client being able to invoke any discount, settlement or suspension.
Confidential information
Each party will take all reasonable precautions to keep confidential information received from the other party confidential.
Intellectual property right
Dissertation Specialist reserves the copyright and all other intellectual property rights in all its advice, reports, models and the like that are written and/or stored on any digital medium. Making it available to third parties, multiplying, copying, storing in an automated data file in any way, or making it public in any way or form is not permitted without the express written permission of Thesis Specialist. If the client has requested advice and/or services from Proefschriftspecialist for the benefit of its own counterparties, the provisions of the preceding paragraph do not apply, but only if the client does this in the context of his profession or business and subject to a written prohibition of Dissertation specialist.
Dissertation Specialist takes no responsibility for the material provided. The client has copyright over the supplied material.
Ownership and right of use
The ownership of the products delivered by Proefschriftspecialist only transfers to the client after full payment of the delivered products has been made to Proefschriftspecialist. However, the software, which hereafter also includes related documentation, remains the property of Thesis Specialist, unless otherwise agreed.
If third parties seize the goods delivered subject to retention of title, or wish to establish or assert rights thereon, the client is obliged to immediately inform Proefschriftspecialist about this. The Client undertakes to insure the goods delivered subject to retention of title. The Client must give permission to Proefschriftspecialist to enter all those places where the property of Proefschriftspecialist is located and to take those items back. Thesis Specialist reserves the right to make changes to the products it supplies or to replace parts thereof, provided that the operation of the products concerned is not materially affected.
Cooperation by client
In view of the need for the client to cooperate with the execution of the agreement, the client will always provide all useful and necessary data or information in a timely manner. If the data necessary for the execution of the agreement are not made available to Proefschriftspecialist, not on time or not in accordance with the agreements, or if the client does not fulfill its obligations in any other way, this may lead to suspension of the execution of the agreement and additional costs may be charged according to the usual rates of Thesis Specialist.
Delivery
Delivery times are always approximate and never strict deadlines, unless otherwise agreed. Proefschriftspecialist is only in default with regard to deliveries after successively a binding delivery time has been exceeded, and the client has subsequently allowed the supplier a reasonable time to comply and has given Proefschriftspecialist notice of default by registered letter when this reasonable term is exceeded.
Cancellation
The client is authorized, if there are reasonable grounds to do so, to cancel the agreement. In that case, the client is obliged to pay for what has already been performed.
If the assignment agreement is terminated by the client due to circumstances attributable to it, it is obliged to pay reasonable compensation as compensation.
The right to dissolution does not apply to the deliveries of Thesis Specialist. The client does not have the statutory cooling-off period if a product is specially made to measure. Thesis specialist always supplies specially produced products, so the right to the cooling-off period expires.
Liability
Thesis specialist guarantees to carry out the activities assigned to it with great care. In the event of serious progress problems, Thesis Specialist will take such measures that a solution can be reached as quickly as possible. The Client guarantees that Thesis Specialist will cooperate fully in the development of the activities assigned to Thesis Specialist. Assignments for mediation and guidance in certain activities are, unless expressly agreed otherwise, always best efforts obligations. If the desired result is not achieved, the other party is at all times obliged to fulfill its obligations under this and the special agreement. The other party will only be released from this obligation if there is intent, gross negligence or gross negligence on the part of Thesis Specialist. The contractor's liability in respect of:
1. Damage that arises directly or indirectly as a result of the incorrect interpretation and/or injudicious use of the knowledge, information, products and other trade items provided by Thesis Specialist.
2. Damage, which arises directly or indirectly, because the activities of Thesis Specialist cannot be performed and/or cannot be performed on time, as a result of events and circumstances that cannot be attributed to Thesis Specialist according to the law, legal act or generally accepted standards. .
3. Damage that the client, his staff, or third parties suffer directly or indirectly during the development of activities by Thesisspecialist, unless this damage is the result of deliberately harmful actions or gross negligence on the part of Thesisspecialist and authorized persons and unless the contractor is insured against this damage.
4. Damage, caused directly or indirectly, due to a lack of cooperation on the part of the client.
5. The liability of Thesis Specialist under the agreement concluded with the customer is limited under all circumstances to the invoice amount excluding VAT of the assignment to which the damage relates.
6. If Thesis Specialist has data files – in whatever form – of the client under its management, and these files are lost for any reason, the liability of Thesis Specialist is limited to compensation for the electronic media on which the data files are stored.
7. In the event that Dissertation Specialist is liable, the Dissertation Specialist's obligation to pay compensation is always limited to a maximum of the amount paid out by its insurer in the appropriate case. If the insurer does not pay out or if the damage is not covered by the insurance policy, the obligation to pay compensation is limited to a maximum of the invoice amount of the order in which the damage occurred. Thesis Specialist is not liable for damages towards third parties.
Non-attributable shortcoming in the performance
Extraordinary circumstances, such as storm damage and other natural disasters, obstruction by third parties, obstruction of transport in general, strike in whole or in part, riot, war or danger of war, mobilization in whole or in part, obstructive measures of any government, fire, disturbances and accidents in the company or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the actual circumstances, can not be attributed to Thesis Specialist if it would fail to comply with the agreement as a result. The contractor is hereby released from his obligation to deliver or perform the assignment, without the client being able to assert any right to compensation of any kind or by whatever name. In these or similar cases, Thesis Specialist is entitled to cancel or suspend or amend the agreement for the execution of the assignment, until the extraordinary circumstances have ceased to exist.
Applicable law and disputes
These terms and conditions, the agreements arising therefrom and all legal acts of Dissertation Specialist are exclusively governed by Dutch law. All disputes will be settled exclusively by the competent court in Scanlaser's place of business.
Chamber of Commerce Zaandam file number 35017036
