The Terms and Conditions of Caremo Catering & Verhuur, registered at Bruijnings Ingenhoeslaan 226, Leidschendam-Voorburg.
Caremo Catering & Verhuur will, to the best of its abilities, provide the client with high quality service and impeccable service, provided the Terms and Conditions are met.
Article 1: Validity of the Terms and Conditions
1a. The Terms and Conditions, hereafter referred to as "Terms", are applicable to all offers and agreements relating to the rental or delivery of products and/or services, delivered and arranged by Caremo Catering & Verhuur, registered at Leidschendam-Voorburg, hereafter referred to as "Caremo Catering & Verhuur".
1b. In the Terms the client refers to the individual or organization providing Caremo Catering & Verhuur with the request for products and/or services.
1c. The request from the client is considered the acceptance of the Terms.
1d. Alterations to the Terms are invalid unless all parties involved sign a [new] contract specifying all changes to the Terms.
1e. The Purchase conditions provided by the client, on agreements initiated by Caremo Catering & Verhuur, do not apply unless all parties involved sign a [new] contract specifying all purchase conditions set by the client.
Article 2: Offers and Agreements
2a. A Non-Committal policy applies to all offers by Caremo Catering & Verhuur, unless otherwise specified in a written statement.
2b. An agreement on an offer is valid solely when a written confirmation is received by the client (sent by e-mail), provided by or authorized by Caremo Catering & Verhuur, as well as upon initiation of the execution of the agreement(s).
Article 3: Pricing.
3a. Caremo Catering & Verhuur reserves to the right to adjust pricing agreements, in the case that, after the establishment of the pricing agreement and prior to the product delivery time according to said agreement, additional unforeseen costs arise relating to, including but not limited to, fuel, additional supplies, additional parts, salaries and wages or other cost-deciding factors.
3b. Increases in pricing, resulting from additions and changes to an agreement, are to be paid in full by the client.
3c. All prices exclude Sales Tax and other governmental levies.
Article 4: Cancellations
The client reserves the right to cancel the agreement, in writing, no later than three business-days (Monday-Friday before 17.00 GMT+1) prior to the planned execution of the aforementioned agreement, unless otherwise specified in the aforementioned written agreement. Caremo Catering & Verhuur reserves the right to charge the client in full for all costs incurred as a result of the cancellation, as compensation for loss of profits as well as damages, in the case that a client requests a cancellation after the aforementioned deadline
Article 5: Delivery Times
Although Caremo Catering & Verhuur will provide the client with the products in a timely fashion to the best of its ability, in accordance with the agreement as drawn up by the client and Caremo Catering & Verhuur, delivery times are not deadlines. Delivery times are set with the assumption that Caremo Catering & Verhuur will not be hampered during the delivery process. The client cannot claim damages nor cancel the agreement as a result of Caremo Catering & Verhuur surpassing agreed upon delivery times.
Article 6: Promotion, Compliments and Complaints
6a. The client is obliged to report all promotions, compliments and/or complaints to Caremo Catering & Verhuur at or after the execution of the agreement, within 8 days of the cognizance of the reason of the promotion, compliment and/or complaint, or else the client waves the right to claims relating to the aforementioned promotion, compliments and/or complaints. If, according to the judgement of Caremo Catering & Verhuur, the promotions, compliments and/or complaints are justified, then Caremo Catering & Verhuur will choose to pay equitable compensation for damages, up to a maximum value of the invoice relating delivered products and/or services, or replace the products and/or services. Caremo Catering & Verhuur reserves the right to refuse any further damage claims.
6b. The client does not reserve the right to settlements and/or suspension of payments as a result of promotions, compliments and/or complaints.
Article 7: Payments and Transactions
7a. The client never reserves right of retention relating to payments and deliveries indebted to Caremo Catering & Verhuur.
7b. Caremo Catering & Verhuur reserves the rights to, with the execution of an agreement, demand prepayments in part or in full for the products and services to-be-delivered, as well as the request of payment of a deposit.
7c. The client is lawfully obliged to pay, in full, within the time frame mentioned on the invoice provided by Caremo Catering & Verhuur. If the invoice does not mention a payment deadline, the client is obliged to pay, in full, within 8 days after the execution of the agreement. In the case that the client does not pay, in full, within the aforementioned time frame conditions, the client will legally be in default.
Article 8: Obligations of the client
8a. The client is obliged to utilize and store items rented from Caremo Catering & Verhuur according to the product instructions provided by Caremo Catering & Verhuur as well as the product terms and conditions provided by Caremo Catering & Verhuur.
8b. The client accepts all risks resulting from the use or transportation of products and services rented from Caremo Catering & Verhuur. The client declares that the client will take all necessary precautions to ensure the safety of the rented products, and declares that the client possesses conventional insurances relating to the use of the rented products and services.
8c. The client is obliged to return all products damage free, within the time frame according the agreement by the client and Caremo Catering & Verhuur. Caremo Catering & Verhuur reserves the right to charge the client the full store-purchase price of the product in the case that items are missing or returned with damages.
Article 9: Liability
9a. Caremo Catering & Verhuur is never liable for damages resulting from the execution of the agreement with the client, in the case that the damages are the direct or indirect result of:
- Force majeure, as described below;
- Acts and/or negligence of the client, his/her subordinates, and/or any other persons employed by the client;
- Faulty materials or construction flaws in the rented and/or delivered;
- Proceedings and/or negligence of Caremo Catering & Verhuur, his/her employees and/or other persons employed by Caremo Catering & Verhuur for the event, barring intent or gross negligence.
9b. Caremo Catering & Verhuur is never liable for indirect or consequential damages including, but not limited to, business interruption loss, stagnation damages, loss of revenue or profit, loss of data, etc.
9c. Caremo Catering & Verhuur is only liable for the damages totalling the amount paid-out by its liability insurer.
9d. Caremo Catering & Verhuur is not liable for any damages, loss or theft of property of the client or third parties, which are in the possession of Caremo Catering & Verhuur.
Article 10. Dissolution
If the client does not fulfil an obligation properly or timely, according to this or any other agreement made with Caremo Catering & Verhuur, and in the case of (application for) bankruptcy or suspension of payments, shut-down or liquidation of the client company, he (the client) shall be legally in default and as a result Caremo Catering & Verhuur reserves the right to, without notice or judicial intervention, suspend the execution of the agreement(s) and/or dissolve said agreement, at the discretion of Caremo Catering & Verhuur, without the possibility to hold Caremo Catering & Verhuur liable for any damage compensation. In these cases Caremo Catering & Verhuur reserves the right to claim any outstanding payment amount in its full, effective immediately.
Article 11: Outsourcing work to third-parties
Caremo Catering & Verhuur reserves the right to outsource work and/or services to third-parties. The client accepts the transference of all rights and obligations, resulting from the agreement drawn up by the client and Caremo Catering & Verhuur, by Caremo Catering & Verhuur to third-parties.
Article 12: Services on location
12a. In the case where Caremo Catering & Verhuur is required to provide services on a location belonging to the client, the client will - on a basis of necessity for the execution of the agreement - not provide the space, furniture, fixed and variable inventory, energy, water, sewerage, telecommunications- and photocopying facilities as well as postal facilities. Additionally the client will not provide the contractor with the use of OHS technical matters including emergency services as well as first-aid.
12b. The client will ensure that all facilities mentioned in Article 12a are in compliance with Dutch laws. The client will be held liable for all financial consequences in terms of possible shortages.
12c. The client is, as owner of the property, responsible for the garbage as well as ensuring that the garbage is presented in compliance with Dutch
12d. All additional costs in the form of taxes, Buma/Stemra-rights and retributions as well as telecommunications, energy- and water use, sewerage and garbage costs incurred by Caremo Catering & Verhuur are to be paid in full by the client.
Article 13: Cases of Force Majeure
Cases of Force Majeure include; war, civil war, public unrest, danger of war, strikes, blockades, company disorder, shortage of materials, malfunctioning equipment, transport problems, unforeseen traffic jams as a result of turned-over vehicles (trucks), roadside fires, fires, profound temperature changes, flooding, earthquakes and other natural disasters, export- or import bans, refusal to provide import and export licences, confiscation or other governmental actions and shortages from suppliers of Caremo Catering & Verhuur.
On these Terms, as well as on all offers and agreements, on which they have partial or complete involvement, is solely Dutch Law applicable. In the case of disputes, Caremo Catering & Verhuur and the client will come together to discuss and attempt to reach an amicable settlement. If this is not possible, all disputes relating to the execution of the agreement will be settled by the appropriate Judge in the Courts of The Hague.