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General terms

Article 1. Definitions

The following terms and definitions are used in these general terms and conditions, unless expressly stated otherwise:

1. Entrepreneur: The private limited company DakXL Groep B.V., registered with the Chamber of Commerce under number 81705476, located at Eindhovenseweg 172, 5552AG in Valkenswaard.

2. Customer: The (legal) person or company that has commissioned the entrepreneur to perform work and/or deliver or make available goods or items, including, but not limited to, a purchase agreement, work contract or assignment.

3. Performance: The execution of an assignment, the delivery of a item or item and the delivery within the framework of a construction contract.

4. Work: The total of the services agreed between the customer and the entrepreneur.

5. Additional and reduced work: Additions to or reduction of the agreed work desired by the customer, which lead to additional payment above or deduction from the agreed contract sum.

6. Agreement: The agreement whereby the entrepreneur undertakes to the customer, outside of an employment relationship, to create and deliver a work of a material nature or to deliver an item or good, for a price to be paid by the customer in money, with which these general terms and conditions form an inseparable whole.

7. Written: Communication by letter, by e-mail or any other method that can be considered equivalent with regard to the state of the art and the views prevailing in society.

8. Maintenance period: The period after delivery of the work and before the start of the guarantee period within which the entrepreneur repairs delivery defects and defects reported to him by the customer within that period for which he is liable.

Article 2. Applicability

1. These general terms and conditions apply to all requests for quotations, offers, work and deliveries of goods and/or services concerning the execution of the agreement by or on behalf of the entrepreneur, unless the parties have expressly agreed otherwise in writing.

2. These general terms and conditions apply to partial orders or follow-up orders and/or any additional work resulting from the agreement.

3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

4. The nullity or annulment of one or more provisions of the agreement or of these general terms and conditions does not affect the applicability of the other provisions. In this case, the parties are deemed to have agreed on a replacement provision that most closely approximates the void or annulled provision in terms of content and scope.

5. If the entrepreneur does not rely on a provision in these general terms and conditions in any case, this does not in any way imply that he would no longer be able to rely on the general terms and conditions in the following cases.

6. If the entrepreneur has already provided the customer with these general terms and conditions several times, there is a permanent commercial relationship. The entrepreneur is not expected to provide these general terms and conditions again in order to apply them to subsequent agreements.

Article 3. Offer / Quotation

1. The offer or quotation from the entrepreneur is entirely without obligation. The offer is provided with a date and is valid from that day for thirty days, unless expressly stated otherwise.

2. The offer is made in writing, unless there is a situation in which measures must be taken with due haste to prevent or limit damage.

3. The offer is based on the data, drawings, calculations, specifications or other information that the customer has provided at the time of the request. When making the offer, the entrepreneur may assume that the information provided by the customer is correct.

4. The offer includes a description of the services, the intended purpose of the work and the dimensions of the work. The description must be sufficiently detailed to enable the customer to make a proper assessment of the offer.

5. Obvious mistakes or errors in the offer cannot bind the entrepreneur.

6. All images, drawings, calculations, price lists, catalogues, folders, size and weight specifications and all other data provided with the offer are stated as accurately as possible, but these data are indicative and therefore not binding. Minor deviations that occur in the industry are permissible and cannot constitute grounds for compensation or termination of the agreement. The entrepreneur is not obliged to provide detailed data.

7.