Terms and conditions of TAPED Films

Definitions

  1. TAPED Films: TAPED Films, located in Lisse under company registration number 78172802.
  2. Customer: the person with whom TAPED Films has entered into an agreement.
  3. Parties: TAPED Films and the customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of General Terms and Conditions

  1. These terms and conditions apply to all offers, quotations, activities, orders, agreements, and deliveries of services or products by or on behalf of TAPED Films.
  2. Parties may only deviate from these terms and conditions if they have expressly and in writing agreed to do so.
  3. The parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the customer or of third parties.

Offers and Quotations

  1. Offers and quotations from TAPED Films are without obligation unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum of 1 month unless a different acceptance period is stated in the offer or quotation.
  3. If the customer does not accept an offer or quotation within the applicable period, the offer or quotation expires.
  4. Offers and quotations do not apply to subsequent orders, unless the parties have expressly and in writing agreed otherwise.

Acceptance

  1. Upon acceptance of a non-binding offer or quotation, TAPED Films reserves the right to withdraw the offer or quotation within 3 days of receipt of the acceptance, without the customer being entitled to any rights as a result.
  2. Oral acceptance by the customer binds TAPED Films only after the customer has confirmed this in writing (or electronically).

Prices

  1. All prices charged by TAPED Films are in euros, are excluding VAT and any other costs such as administrative fees, levies, and travel, shipping, or transport costs unless expressly stated otherwise or otherwise agreed.
  2. TAPED Films may change all prices charged for its products or services on its website or otherwise communicated at any time.
  3. The price for a service is determined by TAPED Films based on the actual hours spent.
  4. The price is calculated according to TAPED Films’ customary hourly rates, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
  5. If the parties have agreed on a total amount for a service provided by TAPED Films, this is always an indicative price, unless the parties have expressly and in writing agreed on a fixed price that cannot be deviated from.
  6. TAPED Films is entitled to deviate up to 10% from the indicative price.
  7. If the indicative price is expected to be more than 10% higher, TAPED Films must inform the customer in a timely manner why a higher price is justified.
  8. If the indicative price is expected to be more than 10% higher, the customer has the right to cancel the part of the order that exceeds the indicative price plus 10%.
  9. TAPED Films has the right to adjust prices annually.
  10. TAPED Films will notify the customer of price adjustments prior to their effective date.
  11. The consumer has the right to terminate the agreement with TAPED Films if they do not agree with the price increase.

Consequences of late payment

  1. If the customer does not pay within the agreed term, TAPED Films is entitled to charge interest from the day the customer is in default, with a portion of a month being counted as a full month.
  2. When the customer is in default, the customer is also liable for extrajudicial collection costs and any damages payable to TAPED Films.
  3. The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, TAPED Films may suspend its obligations until the customer has fulfilled its payment obligations.
  5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, TAPED Films’ claims against the customer become immediately due and payable.
  6. If the customer refuses to cooperate in the performance of the agreement by TAPED Films, the customer is still obliged to pay the agreed price to TAPED Films.

Right to suspend

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Setoff

Unless the customer is a consumer, the customer waives the right to offset a debt to TAPED Films against a claim on TAPED Films.

Insurance

  1. The customer undertakes to insure and keep insured adequately against, among other things, fire, explosion and water damage, as well as theft, the following: a. delivered goods necessary for the execution of the underlying agreement; b. goods of TAPED Films present at the customer’s premises; c. goods delivered under retention of title.
  2. At the first request of TAPED Films, the customer shall provide the policies of these insurances for inspection.

Warranty

When the parties have entered into an agreement with a service-oriented character, this agreement only contains an obligation of effort for TAPED Films and not an obligation to achieve a specific result.

Performance of the agreement

  1. TAPED Films will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
  2. TAPED Films has the right to have the agreed-upon services (partially) performed by third parties.
  3. The performance of the agreement takes place in mutual consultation and after written agreement and payment of any agreed-upon advance payment by the customer.
  4. It is the responsibility of the customer to ensure that TAPED Films can begin the execution of the agreement in a timely manner.
  5. If the customer has not ensured that TAPED Films can begin the execution of the agreement in a timely manner, any resulting extra costs and/or extra hours will be borne by the customer.

Information provision by the customer

  1. The customer shall provide TAPED Films with all information, data and documents that are relevant for the correct performance of the agreement in a timely and desired form and manner.
  2. The customer guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they are from third parties, unless the nature of the agreement dictates otherwise.
  3. If and to the extent that the customer requests it, TAPED Films will return the relevant documents.
  4. If the customer does not provide, not timely or not properly, the information, data or documents reasonably requested by TAPED Films, and the execution of the agreement is delayed as a result, any resulting additional costs and extra hours will be borne by the customer.

Disclaimer

The customer indemnifies TAPED Films against any claims by third parties relating to the products and/or services provided by TAPED Films.

Complaints

  1. The customer must examine a product or service provided by TAPED Films for any deficiencies as soon as possible.
  2. If a product or service delivered does not meet what the customer could reasonably expect from the agreement, the customer must inform TAPED Films of this as soon as possible, but no later than 1 month after detecting the deficiencies.
  3. Consumers must inform TAPED Films of any deficiencies within 2 months of detecting them.
  4. The customer should provide a detailed description of the deficiencies so that TAPED Films can respond appropriately.
  5. The customer must demonstrate that the complaint pertains to an agreement between the parties.
  6. If a complaint pertains to ongoing work, it cannot require TAPED Films to perform any work beyond what has been agreed.

Notice of default

  1. The customer must inform TAPED Films of any notices of default in writing.
  2. It is the customer’s responsibility to ensure that a notice of default is received by TAPED Films in a timely manner.

Joint and several liability of customer If TAPED Films enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts owed to TAPED Films under that agreement.

Joint liability of the client

If TAPED Films enters into an agreement with multiple clients, each of them is jointly liable for the full amounts they owe to TAPED Films under that agreement.

Liability TAPED Films

  1. TAPED Films is only liable for any damages suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
  2. If TAPED Films is liable for any damages, it is only liable for direct damages arising from or related to the performance of an agreement.
  3. TAPED Films is never liable for indirect damages, such as consequential damages, loss of profits, lost savings or damage to third parties.
  4. If TAPED Films is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy and, in the event of (partial) non-payment of the damage amount by an insurance company, the liability is limited to the (portion of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and are approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from TAPED Films expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

  1. The customer has the right to dissolve the agreement when TAPED Films fails to fulfill its obligations attributable to it, unless such non-performance, given its special nature or minor significance, does not justify dissolution.
  2. If the performance of TAPED Films’ obligations is not permanently or temporarily impossible, dissolution can only take place after TAPED Films is in default.
  3. TAPED Films has the right to dissolve the agreement with the customer if the customer fails to fully or timely fulfill its obligations under the agreement, or if TAPED Films becomes aware of circumstances that give it good reason to fear that the customer will not be able to fulfill its obligations properly.

Force Majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, any failure by TAPED Films to perform any obligation towards the customer cannot be attributed to TAPED Films in a situation beyond its control, which prevents the performance of its obligations towards the customer in whole or in part, or which cannot reasonably be demanded of TAPED Films.
  2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to, emergency situations (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery services, or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, adverse weather conditions, and work interruptions.
  3. In the event of a force majeure situation preventing TAPED Films from fulfilling one or more obligations towards the customer, those obligations will be suspended until TAPED Films is able to comply with them again.
  4. If a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in writing, in whole or in part.
  5. TAPED Films is not liable for any damages, including any benefits derived from the force majeure situation.

Amendment of the agreement

If it proves necessary to amend or supplement the content of the agreement for its execution after its conclusion, the parties shall timely and mutually adjust the agreement accordingly.

Amendment of the general terms and conditions

  1. TAPED Films is entitled to change or supplement these general terms and conditions.
  2. Minor changes can be made at any time.
  3. TAPED Films will discuss significant changes with the customer in advance, as much as possible.
  4. Consumers are entitled to terminate the agreement in the event of a significant change to the general terms and conditions.

Transfer of Rights

  1. Rights of the customer under an agreement between the parties may not be transferred to third parties without prior written consent of TAPED Films.
  2. This provision constitutes a clause with proprietary effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of Invalidity or Voidability

  1. In the event that one or more provisions of these general terms and conditions are declared void or voidable, this does not affect the validity of the remaining provisions of these terms and conditions.
  2. A provision that is declared void or voidable shall be replaced by a provision that comes as close as possible to the intention of TAPED Films when drafting the conditions on that point.

Applicable Law and Competent Court

  1. Every agreement between the parties is exclusively governed by Dutch law.
  2. The Dutch court in the district where TAPED Films is established/practices/holds its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Last Updated: February 23, 2023.