General Terms of Delivery and Payment

General terms of delivery and payment of ABC CONSULTANCY, hereafter mentioned as ‘terms’

Terms

These terms are applicable on all offers, assignments and agreements of ABC Consultancy. All agreements accept these terms. If any term or condition of the principal coincides with one of the terms in question, then ABC Consultancy terms will prevail explicit unless on paper differently is agreed with the client.

A natural person or a corporation, who assigns, orders or mandates ABC CONSULTANCY, will be mentioned hereafter as the client.

Offers

All our offers are without engagement. Changes by the client afterwards in the assignment concerning sort, difficulty degree and/or scope can result in changing the honorarium.

Assignment

The assignment will be executed properly and precisely by ABC CONSULTANCY. The directions of the client will be taken into account, as for as such is justified by ABC CONSULTANCY.

Account

ABC CONSULTANCY is entitled to the agreed honorarium. If there is no agreement, ABC CONSULTANCY is entitled to charge the client a honorarium which is be grounded on the prevailing custom; just as well the expenses attached to the execution of the agreement. Over the honorarium will be KDV (VAT) charged. If the client orders to work after business-hours, our consultancy rates will be charged double.

Rates are under restriction. Change in rates will be informed written one month beforehand to the client.

Time

The time that is mentioned in the offer or in the agreement will be upholded as it should be and will be taken into account; still ABC CONSULTANCY is not bound to it. Transgression of the time, what ever caused it, the client is never entitled to any compensation, breaking the contract or not performing any commitment that should result from the agreement or from any other agreement that is in context with this agreement.

However ABC CONSULTANCY will take contact with the client when there is a question of excessive transgression of the mentioned time.

Withdrawal of the assignment

The client has the right to withdraw the converted assignment one-sided. If the assignment is withdrawn on a time whereupon ABC CONSULTANCY has carried out already any activities, the client owes ABC CONSULTANCY indemnity according to the exigencies of the case, provided that the assignment is withdrawn because of reasons, which cannot be imputed to ABC CONSULTANCY. In that case ABC CONSULTANCY is entitled to the agreed fee or the fee that reasonably would have been charged when the assignment would have been carried out.

Payments

Unless differently is agreed on paper, the invoice ought to be paid within 10 days, after finishing (partly) the assignment.

According to the law the client is esteemed to be in default, if the bill is not paid within the fixed time. ABC CONSULTANCY is entitled then to charge 1,5% interest over the total amount due from the expiry date without putting the client in default. In addition all judicial and non-judicial collecting charges will be for clients own account.

Responsibility

ABC CONSULTANCY is not responsible for any damage that the client endures as a result of not or not correctly carrying out the assignment, unless the damage deliberately is caused by ABC CONSULTANCY.

ABC CONSULTANCY is not responsible for any damage that the client endures as a result of not correctly carrying out the assignment, in case the fixed time is not in reasonable proportion to the scope of the activities, which has to be carried out.
The scope of the responsibility of ABC CONSULTANCY per assignment does not extend so far than the whole amount, that is charged to the client.

ABC CONSULTANCY is never responsible for damage caused by loss, destruction or injury to scripts, documents, books and papers that has been trusted to ABC CONSULTANCY. The sending of that is always for the account and risk of the client.

Version : 1-04-2003