General Terms & Conditions

Article 1 - Definitions

  1. Unless explicitly stated otherwise, the terms used in these general terms & conditions are defined as follows:
    Client: The opposite party to European Permit Service BV, acting in the course of a profession or business;
    Contract: the agreement between European Permit Service BV and the client.

Article 2 - General

  1. The provisions of these general terms and conditions apply to any offer and any agreement between European Permit Service BV and a client to which European Permit Service BV has declared these terms and conditions applicable, in so far as the parties have not explicitly agreed in writing to deviate from these terms and conditions.
    The client’s general terms and conditions shall only apply if it has been explicitly agreed in writing that they are applicable to the contract to the exclusion of these general terms and conditions.
  2. If this is the case, any conflicting provisions in European Permit Service B.V. and the client’s general terms and conditions shall only apply between the parties if and in so far as they form part of European Permit Service B.V.’s terms and conditions.
  3. If one or more of the provisions in these general terms and conditions become invalid or void, the other provisions of these general terms and conditions shall continue to apply in full. European Permit Service BV and the client will consult with each other to agree on new provisions to replace the invalid or void provisions whereby the purpose and meaning of the invalid or void provision will be taken into account as far as possible.

Article 3 - Quotations

  1. All quotations made by European Permit Service BV are non-binding and are valid for thirty days, unless specified otherwise. European Permit Service BV shall only be bound by the quotations if the acceptance thereof is confirmed by the client in writing within thirty days.
  2. Delivery times in European Permit Service BV quotations are indicative and if exceeded do not entitle the client to rescission or compensation, unless expressly agreed otherwise.
  3. If the acceptance deviates (on minor points) from the offer specified in the quotation, European Permit Service BV shall not be bound by that acceptance. In such case, the contract shall not be concluded in accordance with this deviating acceptance, unless European Permit Service BV indicates otherwise.
  4. A combined quotation does not oblige European Permit Service BV to supply part of the goods included in the quotation or offer for a corresponding proportion of the quoted price.
  5. Quotations or offers do not automatically apply for future orders.

Article 4 Performance of the contract

  1. When applying for a permit, European Permit Service BV will either contact the authority granting the permit directly, or go through an intermediary.
  2. European Permit Service BV only uses an intermediary, for both permit applications as well as transport escort, if European Permit Service BV is of the opinion that this will save the client time and money.
  3. The client shall ensure that all data that European Permit Service BV has indicated as being necessary or that the client should reasonably understand to be necessary for the performance of the contract, is provided to European Permit Service BV on time. If the data required for performing the contract is not submitted to European Permit Service BV on time, European Permit Service BV is entitled to suspend the performance of the contract and/or charge any additional costs ensuing from the delay to the client at the customary rates..
  4. European Permit Service BV is not liable for any damage, of whatever nature, due to European Permit Service BV working on the basis of inaccurate and/or incomplete data provided by the client, unless European Permit Service BV was aware or should have been aware of this inaccuracy or incompleteness.
  5. The client indemnifies European Permit Service BV against any claims from third parties that suffer damage in relation to the performance of the contract and which is attributable to the client.
  6. If work is performed by European Permit Service BV or by third parties engaged by European Permit Service BV at the Client’s site or at a location designated by the client, the costs of any reasonably required facilities shall be passed on to the client. Examples of these may include meals, overnight stays, signage relocation, etc.

Article 5 - Amendment of the contract

  1. If during the performance of the contract it becomes apparent that it is necessary to amend or supplement the work to be performed to ensure the proper performance thereof, the parties shall amend the contract in a timely manner and by mutual consultation.
  2. If the parties agree that the contract is to be amended or supplemented, this may affect the period stipulated for the completion of performing the contract. European Permit Service BV shall inform the client accordingly as soon as possible.
  3. If the amendment or supplement to the contract shall have financial and/or quality-related consequences, European Permit Service BV shall inform the client accordingly in advance.
  4. Contrary to paragraph 3, European Permit Service BV shall not charge any extra costs if the amendment or supplement is a consequence of circumstances that can be attributed to European Permit Service BV.

Article 6 - Fees, price and costs

  1. If European Permit Service BV has agreed a fixed price with the client, European Permit Service BV is nevertheless entitled to increase the price in the cases specified below.
  2. European Permit Service BV may pass on price increases, if European Permit Service BV can prove that there were significant price changes in, for example, exchange rates, wages, fuel or permit charges, between the time of the offer and performance of the contract.
  3. If the price increase is more than 10%, the client is entitled to terminate the contract, unless this price increase is the result of an amendment to the contract or ensues from an entitlement to do so by virtue of the law.
  4. The prices applied by European Permit Service BV are exclusive of VAT and any other charges, as well as any costs to be incurred within the framework of the contract, including forwarding and administration costs, unless otherwise stated.

Article 7 - Payment

  1. Payment should be made within 30 days after the invoice date in a manner specified by European Permit Service BV and in the currency stated on the invoice. Any objections to the invoice amount shall not suspend the payment obligation.
  2. If the client fails to make payment within the 30-day term, the client will be in default by operation of law and a general commercial interest rate of 9% may be charged to the client.
  3. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the client, European Permit Service BV’s claims against the client shall become immediately due and payable.
  4. If the client is in breach of or in default in the (timely) fulfilment of its obligations, all reasonable extrajudicial costs incurred for obtaining payment shall be borne by the client. In any event, in the case of a money claim, the client will be charged collection costs. The collection costs will be calculated with at least 15% of the amount due subject to a minimum of € 500.
  5. If European Permit Service BV has incurred higher costs, which were reasonably necessary, these costs will also be eligible for payment.
  6. Any reasonably incurred judicial and enforcement costs shall likewise be borne by the client.

Article 8 - Retention of title (signage)

  1. Payment should be made within 30 days after the invoice date in a manner specified by European Permit Service BV and in the currency stated on the invoice. Any objections to the invoice amount will not suspend the payment obligation.
  2. If the client fails to make payment within the 30-day term, the client will be in default by operation of law and a general commercial interest rate of 9% may be charged to the client.
  3. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the client, European Permit Service BV’s claims against the client shall become immediately due and payable.
  4. If the client is in breach of or in default in the (timely) fulfilment of its obligations, all reasonable extrajudicial costs incurred for obtaining payment shall be borne by the client. In any event, in the case of a money claim, the client will be charged collection costs. The collection costs will be calculated with at least 15% of the amount due subject to a minimum of € 500.
  5. If European Permit Service BV has incurred higher costs, which were reasonably necessary, these costs will also be eligible for payment.
  6. Any reasonably incurred judicial and enforcement costs shall likewise be borne by the client.

Article 9 - Suspension and termination

  1. European Permit Service is entitled to suspend the fulfilment of its obligations or to terminate the contract, if:
    – the client fails to fulfil or does not fully fulfil its obligations under the contract. (For example, fails to submit the order form on time, insufficient required information, incomplete application form.)
    – after concluding the contract, European Permit Service BV learns of circumstances that give it good cause for concern that the Purchaser will not be able to meet its obligations. If there is good cause for concern that the client will only fulfil its obligations partially or improperly, the suspension will only be permitted if and to the extent that the shortcoming would justify such action.
    – on concluding the contract, the client was requested to provide security for the fulfilment of its obligations under the contract and such security is not provided or is inadequate. As soon as the security is provided, the power to suspend shall lapse, unless this would unreasonably delay said fulfilment.
  2. Furthermore, European Permit Service BV is entitled to terminate the contract, or to have it terminated, if circumstances arise of such a nature that fulfilment of the contract is impossible or can no longer be required according to the standards of reasonableness and fairness, or if otherwise circumstances arise of such a nature that unaltered maintenance of the contract cannot be reasonably expected.
  3. If the contract is terminated, the amounts owed to European Permit Service BV by the client shall become immediately due and payable. If European Permit Service BV suspends the fulfilment of the obligations, it shall retain its rights under the law and contract.
  4. European Permit Service BV shall always retain the right to claim damages.

Article 10 - Liability

  1. In the event that European Permit Service BV is held liable, this liability shall be limited to the provisions laid down in this article.
  2. European Permit Service is not liable for any damage and/or costs, of whatever nature and whatever cause, if a client or any third party have asked us to perform specific work, whether or not against payment, and we have acted according to instructions given by or on behalf of the client and/or that of a specific third party.
  3. Furthermore, European Permit Service BV is not liable for any damage and/or costs, of whatever nature, if this damage and or costs are the result of services, work and/or deliveries that were made free of charge.
  4. European Permit Service BV is also not liable for any damage and/or costs resulting from inaccurate, incomplete or insufficient information provided to us by the client.
  5. European Permit Service BV is not liable for any damage and/or costs resulting from acts or omissions of third parties that are engaged by the client in consultation.
  6. If European Permit Service BV is liable for direct damage, such liability is limited to a maximum of twice the invoice amount, or at any rate that part of the assignment to which the liability relates.
  7. Direct damage is understood to mean:
    – the reasonable costs for determining the cause and extent of the damage, in so far as the determination concerns damage within the meaning of these terms and conditions;
    – any reasonable costs incurred to hold European Permit Service BV accountable for its defective performance in relation to the contract, unless this cannot be attributed to European Permit Service BV;
    – reasonable costs incurred to prevent or limit damage, in so far as the client demonstrates that these costs have led to reduction of direct damage as referred to in these general terms and conditions.
  8. European Permit Service BV shall never be liable for indirect damage, including consequential damage, loss of profit, loss of savings, and damage due to interruption to business.
  9. The limitations of liability for direct damage specified in these terms and conditions shall not apply if the damage is due to an intentional act or gross negligence on the part of European Permit Service BV or its subordinates.
  10. During each transport, the carrier is liable at all times, except for intent or gross negligence.
  11. The user of a permit (carrier or client) as well as the mandatary or applicant of the application for a permit (European Permit Service BV) declare that, on the understanding that the transport can only take place after the holder of the permit to whom the permit has actually been handed over or will be handed over to, it assumes all responsibility for the ultimate responsibility.
    The Carrier herewith takes the civil liability over from European Permit Service BV and thereby indemnifies European permit Service BV against any damage and consequence caused during the transport.

Article 11 - Force majeure

  1. The parties are not required to fulfil any contractual obligation if they are prevented from doing so as a consequence of a circumstance beyond their control, and which is not regarded as their responsibility by virtue of the law, a legal act or according to generally accepted standards.
  2. In these general terms and conditions, force majeure is understood to mean, in addition to its definition in law and case law, any external cause, foreseen or unforeseen, that is beyond European Permit Service BV’s control, but as a result of which European Permit Service BV is unable to fulfil its obligations. This includes unforeseen roadworks.
  3. European Permit Service BV is also entitled to invoke force majeure if the circumstance that (further) prevents compliance occurs after European Permit Service BV should have fulfilled its obligations.
  4. The parties may suspend their contractual obligations for the period that the force majeure endures. If this period lasts longer than two months, each of the parties is entitled to terminate the contract, without any obligation to pay the other party compensation for damage.
  5. In so far as at the time that force majeure comes into effect, European Permit Service BV has meanwhile partially fulfilled, or will be able to fulfil, its obligations under the contract, and an independent value can be attributed to the part that has been or to be fulfilled, European Permit Service BV is entitled to invoice separately for the part that has already been or will be fulfilled. The client is obliged to pay this invoice as if it were a separate contract.

Article 12 - Nondisclosure

  1. Both parties are obliged to keep secret all confidential information that they have obtained from each other or from any other source within the framework of their contract. Information is deemed confidential if the other party indicates it as being such or this ensues from the nature of the information.
  2. If European Permit Service BV is obliged by a statutory provision or a legal ruling to disclose confidential information to third-parties designated by the law or the competent court, and European Permit Service BV is unable to invoke a right to privilege legally recognized or permitted by the competent court, European Permit Service BV is not obliged to pay damages or compensation and the other party is not entitled to terminate the contract on the grounds of any resulting damage.
  3. European Permit Service BV reserves the right to use any knowledge acquired from performing the work for other purposes, in so far as no confidential information is disclosed to third parties.

Article 13 - No-takeover of personnel

  1. During the term of the contract and for one year after termination thereof, the client shall refrain from employing or otherwise making use of the services of, in any way, directly or indirectly, employees of European Permit Service or of companies engaged by European Permit Service for the performance of this contract or which are or have been involved in the performance of the contract except after proper businesslike consultations with European Permit Service on the matter.

Article 14 - Amendment and location of the terms and conditions

  1. These terms and conditions are filed at the Breda Chamber of Commerce.
    The most recently filed version or the version in force at the time the contract was concluded shall apply at all times.
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