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GENERAL TERMS AND CONDITIONS


I Contract
All offers of Aboma BV are free of obligation.

A contract is effected by a written order confirmation from Aboma BV or because Aboma BV commences to carry out the order.

The client is authorised to terminate the contract free of charge no later than four working days before the planned performance of the work. In the case of later termination, the client must pay Aboma BV the amount for which Aboma BV would have performed the work.

II Prices
All prices are exclusive of VAT.

The work of Aboma BV is invoiced at the current rates.

If a fixed price for the assignment is agreed in advance, that price can only be changed in the event of change of the assignment, subject to the provisions of article II, paragraph 4.

Aboma BV is authorised to adjust rates or the agreed fixed price once yearly. Rates are published via our rates list. The basic rates are sent yearly to all member companies. Other clients receive the rates on request.

III Data
The data provided by the client to Aboma BV in the context of the assignment must be complete and correct.

The written record of the inspections, investigations, audits, recommendations, advice and other work becomes the property of the client. Aboma BV keeps a copy thereof which shall not be provided to third parties without express written permission of the client or without a statutory obligation thereto.

The copyright of the general standards, methods, plans and models developed by Aboma BV remains vested in Aboma BV. The client is not permitted outside of this assignment to make use of those documents or to reproduce or publish them in any way.

IV Force majeure
If Aboma BV, as a result of circumstances beyond its control, is not in a position to perform its work in accordance with the contract, it can suspend, terminate fully or partially or change the contract.

V Liability
The amount of the liability of Aboma BV for its work (inspections, investigations, audits, recommendations, advice and other work) is in all cases, except in the case of intentional act or gross negligence, limited to the invoiced amount of the work to which the loss relates, with a maximum of €50,000. Aboma BV is never liable for damage to matters other than the matter to which its work relates or for other indirect or consequential loss, such as business interruption loss, production loss, etc.

If the client believes that there is a failure in the performance of the work of Aboma BV, it must inform Aboma BV of this immediately in writing, at the risk of forfeiting its claims.

The client indemnifies Aboma BV against all claims by third parties in connection with the work of Aboma BV.

After one year following the performance of the work by Aboma BV, all liability of Aboma BV lapses.

VI Payment
Payment must be made within 30 days of the invoice date. In the absence of prompt and full payment, the client owes the statutory interest on the outstanding amount. If, after the expiry of the payment term, Aboma BV proceeds to collection, the client is obliged to pay the full judicial and extrajudicial collection costs.

VII Termination
In the case of non-compliance by the client or of bankruptcy, (provisional) moratorium of payments, stoppage, liquidation or full or partial transfer or pledging of assets of the client, Aboma BV is authorised to suspend the performance of the contract or fully or partially terminate the contract without prior notice.

VIII Disputes
The relationship between the client and Aboma BV is governed exclusively by Dutch law. The General Administrative Law Act applies to legal inspection activities. The objection and appeal procedures are contained in chapters 6 and 7; the complaints procedure is included in chapter 9 of this law.

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