General Terms and Conditions Coreworks BV
1. About the General Terms and Conditions
1.1 In these General Terms and Conditions, ‘Coreworks’ shall refer to: Coreworks BV (Chamber of Commerce no. 171.48.719) and ‘Client’ shall refer to: anyone with whom Coreworks enters into an agreement or to whom Coreworks offers a quote.
1.2 Any divergence from the General Terms and Conditions requires an agreement in writing.
1.3 The applicability of any terms and conditions that may be used by Client is explicitly excluded by Coreworks.
1.4 Agreements count as having been entered into from the day the agreement was signed by Coreworks and Client, or the day on which Coreworks actually performed an assignment placed by Client, respectively. If it becomes apparent during the work that it is necessary for the proper performance of it that the agreement be amended or supplemented, parties will amend the agreement by mutual consultation and in time.
1.5 If Client is an association or a foundation, the contract must be signed by a natural person who has authority to act on behalf of this association or foundation. By signing, the particular person accepts several liability alongside the association or foundation.
2. Agreements concerning offers, prices and payment
2.1 All Coreworks’ offers and quotes have no binding effect, unless stated otherwise. Offers and quotes are not automatically valid for future orders.
2.2 Any drawings, designs and calculations made by Coreworks are and shall remain the intellectual property of Coreworks and may only be realized by Coreworks. Drawings, designs and calculations made by Coreworks may explicitly not be provided to third parties.
2.3 The prices stated in a quote or offer are exclusive of BTW (Dutch VAT) and other government levies.
2.4 In the following situations, Coreworks shall be entitled to adapt the agreed price at a later date:
a. If the circumstances for assembly and disassembly deviate considerably from the situation on which the price was based.
b. If less or more work was performed.
2.5 If Client, for whichever reason, cannot use (part of) the rented goods, the full rental shall remain due.
2.6 Rental, transport costs and BTW must be paid without any deduction or settlement at the latest 5 working days prior to commencement of the work, unless agreed in writing otherwise.
2.7 Coreworks may demand (supplementary) security for the fulfilment of the payment obligations, and suspend performance of the agreement until the security has been provided.
2.8 If Client does not pay within the agreed terms, he shall owe 1% interest per month from the invoice date, with part of a month being considered as a full month. In addition, each invoice remaining unpaid on the due date shall be increased with a fixed compensation amount of 10% of the invoice amount with a minimum of 125 euro per invoice. At such time, Coreworks shall be entitled to terminate the rental agreement, without being liable to pay Client compensation.
2.9 Any extrajudicial (collection) costs, any costs for legal advice incurred by Coreworks and legal costs incurred by Coreworks are fully payable by Client.
3. Agreements concerning cancelling, suspending, terminating the agreement
3.1 Client may annul the contract if Client pays Coreworks 80% of the total rental sum and informs Coreworks of this by registered letter. This must take place a minimum of 14 days before commencement of the project. After this, 100% of the total rental sum shall be due.
3.2 In the following situations, Coreworks shall be entitled to suspend the performance of the assignment or terminate the agreement:
a. if Client should not meet any obligation arising from the agreement entered into, or not meet any of these obligations adequately or in time.
b. if there is good reason to believe that Client will not meet his contractual obligations.
c. in the event of bankruptcy or suspension of payments.
d. in the event Client’s company is closed down, wound up, transferred (in part or in full).
e. in the event of attachment of Client’s assets.
In all these cases, Coreworks shall not be obliged to reimburse any damages or costs, without any prejudice whatsoever to Coreworks’ rights.
4. Agreements concerning delivery, location
4.1 The agreed time at which Coreworks starts the performance of the assignment, or delivers the rental goods, is aimed for by Coreworks in reasonableness. Exceeding the target term does not oblige Coreworks to pay any compensation and does not entitle Client to terminate the agreement and/or suspend his obligations.
4.2 In connection with the supply of materials, Client shall ensure that the site is accessible early and can be reached normally by truck. This also applies to the accessibility of the objects to be constructed. These must be accessible normally to be able to supply and remove materials by forklift truck or other plant.
4.3 Client or his authorized representative will point out the right place for the construction or mark it out on the site. If mistakes are made here by Client or his representative and the construction has started, the object may be disassembled, moved or reassembled by mutual consultation. The arising costs and the loss of time shall be fully at Client’s costs and responsibility.
4.4 Client warrants the choice of site. He knows the state of it and is liable for any damage to the site (see also clause 9.6). The loading and unloading area must be as flat as possible.
4.5 Client will always be present at the building site, for the duration of the assembly and disassembly.
4.6 Under no circumstances may Coreworks staff, vehicles, equipment or materials be used to perform other assignments than those described in the rental contract.
4.7 Upon Coreworks’ request, Client will cordon off the building site with fences or red and white tape to allow Coreworks to work safely and undisturbed.
4.8 The layout of the site, as well as the required facilities (such as electricity) must be fully available and in stock, so that Coreworks can perform the assignment without having to make special arrangements.
4.9 Client must ensure that toilets, washing, changing and eating facilities are available for Coreworks personnel during their work period on the site. In the absence hereof, Coreworks will charge Client the extra costs to be incurred for this.
4.10 Upon arrival of the trucks, Client or his representative and the agreed number of helpers will be present on site. If this should not be the case, Coreworks will wait a maximum of three hours. Any costs for lost personnel hours, materials and transport vehicles shall be payable by Client. After three hours have expired, Coreworks shall be entitled to leave with personnel, materials and trucks. In such a case, Client shall remain obliged to pay the full amount for rental, transport costs and BTW.
4.11 Coreworks is entitled to have particular work performed by third parties.
5. Agreements concerning helpers / volunteers
5.1 Client warrants that the agreed number of helpers will be present at the agreed time and place and for as long as Coreworks considers this necessary, rendering their cooperation with the assembly and disassembly of the rental goods. If Client should not meet this obligation, extra costs will be charged based on 35 euro for every absent helper per hour.
5.2 Client shall be liable for any damage occurring or accidents involving the voluntary personnel (or the helpers recruited by Client). They are not in Coreworks’ employment and are therefore not covered by its accident insurance. Nor will Coreworks be liable for any damage or accidents that helpers have caused third parties.
5.3 Client warrants that all volunteers will have available and will wear the required personal protective equipment (such as safety shoes with steel toe caps, work gloves, climbing suits, etc.), and that they will be adequately insured.
5.4 At all times, volunteers must follow instructions given by Coreworks employees or contractors.
6. Agreements concerning handling rental goods / objects
6.1. Client must maintain the rental goods in a sound state of repair, handle them with due care.
6.2 The rental goods may not be sawn, drilled, painted or nailed. It is forbidden to expand stages, and nothing may be changed to the materials or the construction thereof without prior written permission from Coreworks. If this does happen, Coreworks shall not accept any responsibility and /or liability for any ensuing damage. Costs of repair or replacement are to be paid by Client.
6.3 The stages must be under constant surveillance. Client shall be responsible for any theft of the rental goods from the moment the first materials have been supplied to the site until the moment the materials are removed. Client shall be charged for any lost materials.
6.4 Client will ensure the correct grounding of the construction against lightning and such like.
6.5 Client shall not be permitted to put goods rented or made available by Coreworks at third parties’ disposal for use, subrental or otherwise, without prior permission in writing from Coreworks.
6.6 At the end date of the rental period agreed in writing, Client shall ensure that Coreworks will get the rental goods at its disposal in a clean, empty and undamaged state. If this should not be the case, waiting hours at € 37.50 and/or cleaning costs will be charged.
6.7 It is forbidden to use Coreworks equipment that has been left behind at all times, unless this was agreed in writing otherwise.
6.8 Client is obliged to inspect the rental goods, or have them inspected, immediately at the moment they were made available to him, or the particular work was performed respectively. Any defects must be reported to Coreworks immediately, so that Coreworks can respond adequately.
6.9 Complaints with regard to work performed and/or the invoice amount must be communicated to Coreworks in writing within 8 days from performance of the work (or within 30 days if Client demonstrates that he could not reasonably have discovered the defect any earlier). If the complaint is not communicated in time, all the Client’s rights concerning this complaint will lapse.
6.10 A complaint does not suspend Client’s payment obligation.
6.11 The goods to be supplied by Coreworks meet the standards and requirements for which they are intended with normal use. For use outside the Netherlands, Client must verify himself if they are fit for use there and meet the requirements made of them.
7. Agreements concerning extreme weather conditions
7.1 Client shall be responsible at all times for monitoring wind speeds and weather conditions. In the event of lightning or high winds, Coreworks’ activities may be stopped or suspended, without Coreworks being liable for extra costs or loss of time. The risk of such force majeure situations rests fully with Client (see also clause 9.10).
7.2 According to NPR 8020-51, measures should have been taken when OUT-SERVICE occurs, unless agreed otherwise with Coreworks. If the OUT-SERVICE limit value is reached and/or there is a danger of electrocution, the evacuation plan must have been put in place. Wind speeds with regard to the IN-SERVICE and OUT-SERVICE are dependent on the wind area, the location and the height of the structures. If necessary, they can be requested from Coreworks.
7.3 If Client should fail to evacuate immediately all persons from the rental goods in the event of such weather conditions, Client shall indemnify Coreworks against any claims that are directly or indirectly caused by the stated weather conditions.
8. Agreements concerning permits, inspections
8.1 Client shall ensure that the right (administrative law) permits, permissions and exemptions needed for the performance of the assignment by Coreworks are obtained.
8.2 Client shall grant Coreworks permission to perform their own inspection. If the Coreworks structural engineer’s findings should be reason to do so, the construction may still be adapted for safety reasons.
9. Agreements concerning damage, insurance, liability, force majeure
9.1 In the event of damage or accident with regard to the rental goods, Coreworks must be informed of this immediately.
9.2 Client is obliged to take out adequate event insurance, including material coverage, for the period between assembly and disassembly of the rental goods, covering Client’s liability, his personnel’s and volunteers’ liability against damage, loss, accidents, injury and/or decease. Upon Coreworks’ request, Client must present a copy of this insurance. Client is liable regardless of whether he is to blame for the damage, loss, theft or for making the rented gooed unusable or worthless.
9.3 Client shall indemnify Coreworks against any claims from third parties to pay damages. This indemnification and compensation obligation also applies to claims from Client’s insurers (seeking redress).
9.4 Any damage to the rental goods caused by activities during the event (e.g. firework shows, fire-eaters, etc.) is to be compensated by Client 100%. Damage shall be assessed by Coreworks.
9.5 Client is liable for damage caused to the site and the equipment/facilities installed/provided on it, both above ground (surfacing, paving, etc.) and underground (telephone, electricity, water and gas pipes, sewers, etc.). Client shall indemnify Coreworks against any claims from third parties to pay damage of whichever nature, such as damage to or (partial) subsidence of the site and the access roads.
9.6 Fines resulting from installation in conflict with (administrative) legislation, regulations or local customs or bye-laws and the related costs are to be paid by Client, as well as the costs for disassembly and reassembly.
9.7 Upon Client’s request, Coreworks will provide information to Client concerning permissible taxes for the goods rented or made available. Client shall warrant that these taxes are not exceeded.
9.8 If situations arise in which the safety of Coreworks employees is at risk, Coreworks shall retain the right to discontinue the work until the situation is safe again.
9.9 In the event of force majeure, either before or after delivery of the rented goods, the obligations are suspended without Coreworks being able to be held liable for any damage caused by this. Force majeure is taken to mean all circumstances under which Coreworks cannot perform, cannot perform in time, or cannot perform adequately, without Coreworks being able to be blamed for this in any way.
9.10 In the event of force majeure, Coreworks shall be entitled to either suspend the execution of the agreement or terminate the agreement without being obliged to compensate damages or pay costs.
10. Agreements concerning applicable law, disputes
10.1 Dutch law exclusively applies to all Coreworks’ quotes, offers and/or agreements.
10.2 The Dutch court is solely competent regarding any disputes connected with this agreement.