General terms and conditions

Article 1: Validity of these terms and conditions

1. These terms and conditions shall apply to every offer, quotation and agreement between Safety Holland B.V. and a client to which user has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
2. The present terms and conditions shall also apply to agreements with Safety Holland B.V., the execution of which requires the involvement of third parties by Safety Holland B.V..
3. By accepting the offer of Safety Holland B.V., client accepts the terms and conditions of Safety Holland B.V..
4. Deviations from these terms and conditions shall be valid only if agreed in writing.
5. If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must take place 'in the spirit' of these provisions.
6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation should be assessed 'in the spirit' of these general terms and conditions.
7. If Safety Holland B.V. does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Safety Holland B.V. would to any extent lose the right to require strict compliance with the provisions of these conditions in other cases.

Article 2: Quotations and offers

1. All quotations and offers of Safety Holland B.V. are without obligation, unless the quotation states a term for acceptance. If no acceptance period has been set, no rights whatsoever may be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.
2. Safety Holland B.V. cannot be held to its tenders or offers if the client can reasonably understand that the tenders or offers, or any part thereof, contain an obvious mistake or clerical error.
3. The prices stated in an offer or quotation are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated.
4. If the acceptance (whether or not on minor points) differs from the offer included in the tender or the quotation, Safety Holland B.V. shall not be bound by it. The agreement shall not be concluded in accordance with this deviating acceptance, unless Safety Holland B.V. indicates otherwise.
5. A compound quotation shall not oblige Safety Holland B.V. to execute part of the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 3: Obligations of Safety Holland B.V. Holland

1. Safety Holland B.V. undertakes to carry out the assigned work in accordance with the provisions of the law and the agreement.

Article 4: Client's obligations

1. The client shall ensure that Safety Holland B.V. has timely access to: the data required for the set-up of the work, such as data of participants for participation in the relevant course, timely cancellation (as referred to in paragraph 3) in case of no participation, all this on the instruction of Safety Holland B.V..
2. Should the participant/course participant be unable to participate in a course and/or examination for a valid reason, the participant must notify Safety Holland B.V. in writing by e-mail or by registered letter. In case of late cancellation, the costs of the examination will be charged or one re-sit will be used up.
3. Unsubscription shall be in writing by e-mail or registered letter at least 48 hours before the start of the relevant course and/or exam.
4. The candidate gives permission to Safety Holland B.V. to exchange his personal data with, among others, VCA Infra-SOG-CBR-CCV-NEN-ACCERT, Certiff B.V. and other accredited examination and certification institutions for the purpose of registration for examinations and diploma register.

Article 5: Resit scheme

1. Safety Holland B.V. shall make every effort to enable a resit, if a product with resit is offered.
2. If Safety Holland B.V. does not succeed in arranging a resit under paragraph 1 within a period of 4 weeks, the client has the right to dissolve the agreement.
3. If a product purchased by the customer can be retaken, the customer must pay for this retake within a period of 4 weeks after the occurrence of the first product to which the retake applies.
4. If a customer fails to meet the 4-week deadline described in paragraph 2., the retake will be permanently cancelled and the customer will lose the right to retake.
5. If the client represents a more than 5 people, then a deadline of 6 weeks will be applied instead of the usual 4 weeks.

Article 6: Liability

1. Safety Holland B.V. is not obliged to compensate business and/or consequential damage suffered by a client, not being a consumer, for a sum exceeding the amount covered by its professional liability insurance in the case in question.

Article 7: Payment

1. Payment shall be made within 7 working days of dispatch or within the specified period of the invoice.
2. Safety Holland B.V. is entitled, if payment of the invoice is not received within the stipulated period, to charge the client the statutory interest, calculated from the day of dispatch of the invoice.
3. After having received a proper notice of default, Safety Holland B.V. is entitled to claim all costs, other than the principal sum and interest, both judicial and extrajudicial, caused by the non-payment, including the costs of lawyer, procurator, agent, bailiff and collection agency.

Article 8: Dissolution

If one of the parties remains in default after being declared in default by the other party, the latter shall be entitled to dissolve the agreement. The right to dissolve exists in any case if the other party:
- declared bankrupt
- applies for suspension of payments or debt restructuring
- his receivership is applied for, if any attachment is levied on goods and/or receivables of the principal
upon death or liquidation or dissolution of the principal's company.

Article 9: Retention of title

1. The contractor shall retain ownership of delivered items until the client has fulfilled his (payment) obligation in full.