General Terms and Conditions (GTC) of InCircle EWIV (as of 01.01.2019)
1. Our terms and conditions apply exclusively unless otherwise agreed with the customer.
2. our services: Creation of a legal basis for an economic co-operation of the members, creation of common trade and service networks within Europe, co-operation of the members going out in real estate project management, for the outsourcing-capable activities, common procurement and purchase, marketing and selling, tasks of the vocational further training (in the sense of lifelong learning), human resource management, internal and external communication as well as setting of tasks from management consultation, Coaching and project management exchange of experience, the organization of Workshops, seminars, conferences and other inwardly and externally directed meetings, as well as the production and publication of and/or the promotion and distribution of publications in any form in cooperation with European, international and other national public institutions, private and non-governmental organisations, associations and federations as well as local and regional authorities.
3. Services shall be provided in the best possible way and as quickly as possible within the bounds of operational possibilities.
4. all service contracts shall be treated as strictly confidential. Our employees are obliged to maintain confidentiality towards us. If the client's documents are to be stored in special security containers, the client must expressly request this (obligation).
5. We reserve the right to ask the customer for clarification of individual statements, facts or representations, but are not obliged to do so. We shall also fully comply with our service obligation if, in such cases, we work out the service on the basis of the meaning understood by us to the best of our knowledge and general understanding of the language, applying the necessary care.
6. If the result of the service is to be presented in writing, only this written presentation shall be authoritative. Unless otherwise agreed, InCircle EEIG will generally reimburse the service electronically (e.g. file), unless InCircle EEIG chooses another type of reimbursement.
7. Oral declarations and information provided by employees of InCircle EEIG outside the scope of the order shall not be binding.
8. technical terms shall be translated into the generally accepted version unless special instructions or documents are sent along with the order. If the customer requires the use of specific terminology, in particular company-specific terminology, he must expressly state this when placing the order, otherwise any obligation to perform shall lapse. (Obligation)
9. the placing of an order by the customer with InCircle EWIV is a binding offer. InCircle EEIG may accept this offer at its discretion within one week by sending an order confirmation. The contract is concluded when InCircle EWIV has confirmed acceptance of the order in writing within this period.
10. The client shall inform InCircle EEIG in good time of any special forms of execution of the service (on data carriers, number of copies, degree of completion, external form of the service, etc.). The Client shall provide InCircle EWIV with the information and documents required for the provision of the Service in good time and without being requested to do so. The texts must be written in accordance with the rules of modern spelling and punctuation and contain only clearly understandable (also for external parties) and unambiguous formulations and terms.
11. InCircle EWIV shall not be liable for errors resulting from non-compliance with the obligations set out in this contract.
12. the remuneration is due immediately after delivery of the service. The calculation basis for services is the respective offer of InCircle EWIV. This shall also apply to external services performed, for example, at the Client's premises. Insofar as services are performed within the scope of the placed order on the premises of the Client or otherwise, you will be invoiced for the costs per kilometre driven and the travel time from 9727KB Groningen.
13. a non-binding cost estimate will be provided on request. The fee calculated in the cost estimates is only a guide price. The services actually rendered shall be decisive for the calculation.
14. If an order is cancelled, the costs incurred up to the time of cancellation shall be reimbursed and the parts of the service already completed up to the time of cancellation shall be paid.
15. From the due date, merchants may be charged interest on the due date in the amount of the bank interest rate applicable at the time for short-term loans. In the event of late payment, InCircle EWIV is entitled to charge interest on arrears at a rate of 5% above the applicable discount rate, unless the client can prove a lower interest charge. Discounts and rebates granted shall only apply if the corresponding invoice is paid on time.
16. InCircle EEIG can demand an advance payment for extensive services, which is necessary for the preparation and execution of the service. In the case of an order volume exceeding EURO 12,500, an advance payment of one third of the order volume shall normally be payable by the client. InCircle EEIG may make the transmission of the services dependent on the prior payment of its full fee.
17. offsetting against counterclaims is only permissible if such counterclaims are undisputed or have been finally and conclusively established.
18. InCircle EWIV accepts no liability for errors in services caused by the client due to incorrect or incomplete information or faulty documents. Otherwise, InCircle EEIG shall only be liable in cases of intent and gross negligence. Liability in case of slight negligence shall only apply in case of breach of essential contractual obligations for foreseeable damages. In the latter case, however, liability for financial losses shall be limited to the amount of the fee for the corresponding service with an absolute maximum of € 2,500.00.
19. If the service cannot be provided on time or at all due to force majeure or other unavoidable events for which InCircle EEIG is not responsible, InCircle EEIG shall not be liable. This shall also apply to the loss of documents handed over to us due to circumstances beyond our control.
20. If InCircle EEIG is held liable due to an infringement of an existing copyright, the Client undertakes to indemnify InCircle EEIG against all liability to the full extent that the Client is at fault.
21. InCircle EEIG reserves the right to rectification of defects. The client shall be entitled to have any defects contained in the service remedied and any defects for which InCircle EEIG is responsible, which InCircle EEIG shall remedy within a reasonable period of time. The client must notify InCircle EWIV of the claim for rectification of the defect within a reasonable period of time.
of one week from knowledge of the defect. In the event of failure of the repair / replacement delivery within a reasonable period of time, the warranty rights shall revive unless otherwise agreed. Special delivery dates must be confirmed in advance by InCircle EWIV.
22. the risk shall pass to the client upon transfer of the services rendered to the client.
23. The customer undertakes not to entice away any employee of InCircle EWIV.
24. the Client shall not be granted any rights to use or exploit the Service until full payment has been received for the Service. InCircle EWIV reserves its copyright to the Service.
25. the exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and cheques, shall be Groningen (NL). The place of performance for business relations with merchants shall also be Groningen (NL).
26. The law of the Netherlands shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods.
27. Amendments or supplements to this contract must be made in writing.
InCircle EWIV, Bolscher Landen 43, 7627 NP Bornerbroek, The Netherlands.