Filed with the Dutch Chamber of Commerce under number 81260709.
A. GENERAL
Article 1 — Definitions — Applicability
1.1 In these General Terms and Conditions, the following terms shall have the meanings set forth below, unless expressly stated otherwise or apparent from the context:
1.2 These General Terms and Conditions apply to and form an integral part of every Offer from 48uur.com and every Agreement between 48uur.com and a Counterparty. They also apply to any additions to or continuation of an Offer or Agreement. If any provision of an Agreement deviates from these General Terms and Conditions, the provision in the Agreement shall prevail.
1.3 Any general (purchase) conditions or other terms and conditions used by the Counterparty that deviate from these General Terms and Conditions are expressly rejected by 48uur.com and shall not apply, even if referred to earlier, unless expressly and in writing accepted by 48uur.com.
1.4 If one or more provisions of these General Terms and Conditions are wholly or partially null and void or annulled, the remaining provisions shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same intent as the original.
1.5 Any uncertainties regarding the content, interpretation, or matters not covered by these General Terms and Conditions shall be assessed and explained in the spirit of these General Terms and Conditions.
1.6 If written deviations from one or more of these General Terms and Conditions have been agreed upon, such deviating terms or conditions shall apply solely to the specific case for which the deviation was agreed.
1.7 Any references in these General Terms and Conditions to she/her shall also be understood to refer to he/him/his, where applicable.
1.8 These General Terms and Conditions are also intended for the benefit of third parties engaged by 48uur.com in the execution of Work.
Article 2 — The Offer
2.1 All offers made by 48uur.com are without obligation, unless expressly stated otherwise in writing. If the Offer is limited in validity or subject to specific conditions, this will be expressly stated in the Offer. An Offer shall only be deemed valid if it has been recorded in writing.
2.2 48uur.com is only bound by the Offer if its acceptance by the Counterparty has been confirmed in writing within 30 days and/or if the Counterparty has already paid the amount due. Nevertheless, 48uur.com shall at all times be entitled to refuse to enter into an Agreement with a potential Counterparty for reasons that are justified in the opinion of 48uur.com.
2.3 The Offer contains an accurate description of the Services, the Leased Property, or the Products offered, as applicable, together with the corresponding prices. Obvious errors or mistakes in the Offer shall not bind 48uur.com. Any images and specific details included in the Offer are for indicative purposes only and cannot be grounds for any compensation or termination of the Agreement. 48uur.com cannot guarantee that the colors displayed in the images will exactly match the actual colors of the Leased Property or the Product.
2.4 A combined quotation does not oblige 48uur.com to deliver part of the goods included in the Offer at a corresponding part of the quoted price.
2.5 A previously issued Offer by 48uur.com shall not automatically apply to subsequent assignments or repeat orders.
2.6 Delivery times and deadlines stated in the Offer are indicative only and, if exceeded, shall not entitle the Counterparty to terminate the Agreement or claim compensation, unless expressly agreed otherwise.
2.7 If the Offer is based on data provided by the Counterparty and such data proves to be incomplete and/or incorrect, or if the data is subsequently amended, 48uur.com has the right to adjust the rates, delivery times, and/or prices stated in the Offer. The Counterparty shall be obliged to accept the amended circumstances and comply with the applicable payment obligations.
Article 3 — Formation of the Agreement
3.1 The Agreement is concluded at the moment the Counterparty has accepted an Offer and/or Agreement from 48uur.com by returning a signed copy, including a completed and signed privacy statement (scanned or original), to 48uur.com, or by giving explicit and unambiguous approval of the Offer by email, or by paying for the Leased Property or the Product, subject to a credit check by 48uur.com.
3.2 If the acceptance deviates (even on minor points) from the Offer, 48uur.com shall not be bound by it.
3.3 Any Agreement entered into with 48uur.com is expressly and exclusively concluded with 48uur.com and can in no way personally bind any natural person working for 48uur.com. Any form of liability of a natural person associated with 48uur.com is expressly excluded.
3.4 The right of withdrawal is excluded for a Business and, in the case of a Consumer, is limited to the statutory period and applies only to a distance contract. If withdrawal is applicable, the Counterparty shall handle the Product and packaging with care. The Product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. The direct costs of returning the Product shall be borne by the Counterparty.
3.5 48uur.com is not bound by an Offer if the Counterparty could reasonably have expected, understood, or should have understood that the Offer contained an obvious error or mistake. The Counterparty cannot derive any rights from such an error or mistake.
Article 4 — Performance of the Agreement
4.1 48uur.com shall execute the Agreement to the best of its knowledge and ability.
4.2 The Agreement on the basis of which 48uur.com provides Services and/or performs Work shall be leading for the scope and extent of the services and/or Work to be performed. The Agreement shall be performed solely for the benefit of the Counterparty. Third parties cannot derive any rights from the content of the Services or Work performed in connection with the Agreement.
4.3 The information and data provided by the Counterparty form the basis on which the offered Services and/or Products and/or Work and the related prices are determined. 48uur.com is entitled to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4.4 The performance of the Services and/or Work is based on the information provided by the Counterparty. The Counterparty shall ensure that all data which 48uur.com indicates as necessary, or which the Counterparty should reasonably understand to be necessary for the execution of the Agreement, is provided to 48uur.com in a timely manner. If the information needs to be changed, this may affect any established schedule and prices. 48uur.com shall never be liable for adjusting the schedule. If the commencement, progress, or completion of the Services, Work, or Products is delayed because, for example, the Counterparty has not provided all requested information, not provided it on time, or not in the required format, has failed to provide sufficient cooperation, has not paid an advance on time to 48uur.com, or if there are other circumstances attributable to the Counterparty that cause delay, 48uur.com shall be entitled to a reasonable extension of the (delivery) period. Any damage and additional costs resulting from such delay shall be borne by and at the risk of the Counterparty.
4.5 If and insofar as proper performance of the Agreement requires, 48uur.com shall be entitled to have certain Work and/or Services carried out by third parties at its own discretion.
4.6 Before proceeding with the execution of the Agreement, 48uur.com may require security from the Counterparty in the form of a deposit or advance payment.
4.7 48uur.com shall not be liable for any damage, of whatever nature, resulting from 48uur.com relying on incorrect and/or incomplete information provided by the Counterparty, unless 48uur.com was aware of such incorrectness or incompleteness.
4.8 The Counterparty shall indemnify 48uur.com against any claims by third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Counterparty.
4.9 In executing the Agreement, 48uur.com shall not be obliged or bound to follow the instructions of the Counterparty if such instructions alter the content or scope of the Agreement. If the instructions result in additional work for 48uur.com, the Counterparty shall be obliged to compensate the corresponding additional or supplementary costs.
Article 5 — Duration of the Agreement
5.1 The Agreement is entered into for a fixed term, unless the content, nature, or scope of the Agreement implies that it has been entered into for an indefinite term.
5.2 If the Agreement has been entered into for a fixed term, it cannot be terminated prematurely unless otherwise agreed in writing. If the possibility of early termination has been agreed, a notice period of three months shall apply in any case, commencing on a Monday unless otherwise agreed.
5.3 If the Agreement has been entered into for an indefinite term, either the Counterparty or 48uur.com may terminate the Agreement, unless otherwise agreed in writing, subject to a notice period of one week, commencing on a Monday unless otherwise agreed.
5.4 During the term of the Agreement, the Counterparty may amend the original Agreement with respect to the Leased Object, the Work, or the Services. An amendment of the Agreement shall only take effect once the requirements set out in Article 3.1 of these General Terms and Conditions have been met. Provided the Counterparty submits the request correctly, termination may be effected at any time.
5.5 Both the Counterparty and 48uur.com may dissolve the Agreement on the grounds of an attributable failure in the performance of the Agreement if the other party has been given written notice of default and granted a reasonable period to comply with its obligations, and still fails to duly fulfill its obligations. This also includes the Counterparty’s payment and cooperation obligations.
5.6 Dissolution of the Agreement shall not affect the Counterparty’s payment obligations insofar as 48uur.com has already performed Work or Services or otherwise delivered performance at the time of dissolution.
5.7 Both the Counterparty and 48uur.com may terminate the Agreement, in whole or in part, in writing with immediate effect without further notice of default in the event the Counterparty is granted suspension of payments, bankruptcy is filed for, or the relevant business is wound up through liquidation. If such a situation occurs, 48uur.com shall never be obliged to refund monies already received and/or pay compensation.
Article 6 — Prices
6.1 During the validity of the Offer, the prices of the offered Products, Work, and Services will not be increased, except in the event of changes in VAT rates or supplier prices.
6.2 The prices stated in the Offer are exclusive of VAT, unless otherwise agreed.
6.3 The Counterparty is obliged to fully reimburse the costs of third parties engaged by 48uur.com after approval of the Counterparty, unless expressly agreed otherwise.
6.4 The prices stated in the Offer are based on the cost factors applicable at the time the Agreement was concluded, such as import and export duties, freight and unloading costs, insurance, and any levies and taxes.
6.5 The Parties may agree that the Counterparty must pay an advance. If an advance has been agreed, the Counterparty must pay the advance before 48uur.com commences performance. In the case of a Purchase Agreement, the Buyer must in any case pay the costs of the materials in advance.
6.6 48uur.com is entitled to increase the applicable prices and rates in line with the Consumer Price Index (CPI). Other price adjustments during the term of the Agreement are only possible if and insofar as these have been expressly set out in the Agreement.
6.7 In the case of Products or raw materials subject to price fluctuations on the financial market over which 48uur.com has no influence, 48uur.com may offer these Products at variable prices. The Offer shall state that such prices are indicative and subject to fluctuation.
6.8 When 48uur.com performs the assignment (in part) at the Counterparty’s location, additional costs (travel, call-out, parking, and accommodation costs) shall be charged, unless otherwise agreed. For Work that must be performed on an urgent basis or outside office hours at the request of the Counterparty, a surcharge may also be applied as set out in the Agreement. If items must be shipped, the Counterparty shall reimburse the additional costs.
6.9 The Counterparty cannot derive any rights or expectations from a budget provided in advance, unless the Parties have expressly agreed otherwise. If the quoted price is an indicative price, this indicative price may be adjusted during the performance of the Agreement. 48uur.com shall warn the Counterparty as soon as possible of the likelihood of exceeding the indicative price, thereby giving the Buyer the opportunity to limit or simplify the work. Within reasonable limits, 48uur.com shall cooperate with such limitation or simplification. This also applies if the price depends on the estimated duration of the work.
6.10 If, between the date of conclusion of the Agreement and its performance, cost price-increasing circumstances occur for 48uur.com as a result of legislation and regulations, price changes at third parties or suppliers engaged by 48uur.com, or changes in the prices of required semi-finished products, materials, components, or currency fluctuations, import and export duties (domestic or foreign), shipping and/or delivery costs, wages, employer’s contributions, and/or (social) premiums, etc., 48uur.com shall be entitled to increase the agreed price or fee accordingly and charge it to the Counterparty.
6.11 If a dispute arises between the Parties regarding the number of hours spent and/or charged, the time records of 48uur.com shall be binding, unless proven otherwise.
6.12 If and insofar as additional costs are incurred and/or there is an increased risk (in the opinion of 48uur.com) during the performance of the Agreement, the Counterparty shall reimburse an additional fee for this.
Article 7 — Licenses, Intellectual Property Rights
7.1 If agreed in the Agreement, 48uur.com shall make the software available to the Counterparty for use under a user license for the duration of the Agreement. The right to use the software is non-exclusive, non-transferable, not subject to pledge, and non-sublicensable, and such use is also subject to these General Terms and Conditions.
7.2 All intellectual property rights and copyrights of 48uur.com are vested exclusively in 48uur.com and shall not be transferred to the Counterparty.
7.3 The Counterparty is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any materials on which the intellectual property rights and copyrights of 48uur.com and/or the relevant manufacturer and/or supplier rest, without the express prior written consent of 48uur.com. If the Counterparty wishes to make changes to items delivered by 48uur.com, 48uur.com must give explicit approval for the intended changes.
7.4 The Counterparty is prohibited from using the Products on which the intellectual property rights of 48uur.com rest in any manner other than as agreed in the Agreement.
7.5 The trade name PICSEE is subject to the intellectual property rights of 48uur.com. The name “PICSEE” and the PICSEE logos on the Products may never be covered or removed. Furthermore, all software and all integrations between Products remain the intrinsic property of PICSEE.
7.6 PICSEE, trade name of 48uur.com, is a certified mark. The name “PICSEE” and the PICSEE logos may never be covered or removed. All software and all integrations between hardware and software are the intrinsic property of 48uur.com.
Article 8 — Services
8.1 If agreed in writing in the Agreement, 48uur.com shall provide Services. The scope of the Services extends to the receipt of notifications in its control room, or in third-party control rooms, the processing of such notifications and, where necessary, the follow-up of notifications, such as informing the Counterparty or other person(s) designated by the Counterparty as specified in the Security Form completed by the Counterparty.
8.2 48uur.com shall use its best efforts to perform the Services in accordance with the Agreement. This constitutes a best-efforts obligation and does not entitle the Counterparty to any specific result. 48uur.com provides no guarantees with regard to the limitation or prevention of burglary, theft, vandalism, or other crimes or incidents.
8.3 48uur.com shall not be liable for the consequences of incorrect observations, incorrectly assessed observations, or failure to transmit notifications in time or at all, resulting from circumstances beyond the control of 48uur.com, including but not limited to poor atmospheric conditions, poor connection between the Product and the control room, insufficient quality of received camera images, or inadequate lighting at the Product’s location.
8.4 Notifications received after termination of the Agreement shall not be processed by 48uur.com.
8.5 The retention period for images shall be determined in the Agreement between 48uur.com and the Counterparty. Upon expiry of the retention period, the images shall be destroyed by 48uur.com.
Article 9 — Subscriptions
9.1 If agreed, the Products and/or Services and/or Work may be offered in the form of a subscription.
9.2 The duration of a subscription shall be determined in the Agreement. The subscription shall be tacitly renewed for the same term as originally agreed if the Counterparty does not make timely use of the termination option as stipulated in the Agreement, or, in the absence thereof, as provided in paragraph 9.3.
9.3 The notice period for a subscription is three months. Termination must be made by means of an unambiguous written notice, at least by email to service@picseecam.com, before the end of the relevant month. If the Counterparty terminates a subscription after the start of a new month, no amounts already paid will be refunded, unless otherwise agreed.
9.4 Within a subscription, a 48uur.com package may be changed to another, subsequent 48uur.com package (upgrade or downgrade). Changes must be made by means of an unambiguous written notice to 48uur.com before the end of the relevant month. If the Counterparty changes a subscription after the start of a new month, the subscription will be changed as of the following month. Mobile data subscriptions cannot be changed. The duration of a mobile data subscription is 1 month, 1 year, or 2 years with a notice period of 3 months.
9.5 All data subscriptions for the purpose of providing the services of 48uur.com fall under the “fair-use policy” (FUP). This means that each tower may consume up to 10 gigabytes of data per month, after which every additional gigabyte used in that month will be charged to the Customer at €3.50 per gigabyte. In case of sale, it depends on which service package has been purchased by the Customer.
Article 10 — Privacy, Data Processing and Security
10.1 48uur.com handles the (personal) data of the Counterparty with care and will only use such data in accordance with applicable standards. Upon request, 48uur.com will inform the data subject about this. Questions regarding the processing of personal data and further information can be submitted by email to 48uur.com.
10.2 The Counterparty is solely responsible for the processing of data carried out through the use of a service provided by 48uur.com. The Counterparty also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this respect, the Counterparty indemnifies 48uur.com against any (legal) claim related to such data or the performance of the Agreement.
10.3 If 48uur.com is required under the Agreement to provide for information security, such security will comply with the agreed specifications and provide a security level that, given the state of technology, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 11 — Suspension and Termination
11.1 48uur.com shall be entitled to suspend the performance of its obligations or to terminate the Agreement if the Counterparty fails to comply, fails to comply in a timely manner, or fails to fully comply with its (payment) obligations under the Agreement. Under no circumstances shall 48uur.com be liable for damages, on any grounds whatsoever, resulting from the suspension of its Work or Services or from the termination of the Agreement.
11.2 48uur.com shall be entitled to terminate, without judicial intervention, the Agreement existing between itself and the Counterparty, insofar as it has not yet been performed, if the Counterparty fails to properly or timely fulfill the obligations arising from any Agreement concluded with 48uur.com.
11.3 48uur.com shall be entitled to terminate the Agreement, without prior notice of default, if circumstances arise of such a nature that performance of the Agreement by 48uur.com has become impossible, or can no longer reasonably be required according to standards of reasonableness and fairness, or if circumstances arise of such a nature that the unaltered continuation of the Agreement can no longer reasonably be expected.
11.4 If the Agreement is terminated, all claims of 48uur.com against the Counterparty shall become immediately due and payable. In the event that 48uur.com suspends the performance of its obligations, it shall retain its statutory and contractual rights.
11.5 The Counterparty shall not be entitled to return the Product(s) without the explicit and written consent of 48uur.com.
11.6 48uur.com shall be entitled to reclaim full ownership of the Products if the Agreement is terminated.
11.7 48uur.com shall in all cases retain the right to claim damages.
Article 12 — Limitation of Liability in General
12.1 In the event of an attributable shortcoming by 48uur.com, 48uur.com shall only be obliged to pay compensation for damages if the Counterparty has given notice of default to 48uur.com within 5 days after discovery of the shortcoming, and 48uur.com has subsequently failed to remedy this shortcoming within a reasonable period of at least 14 days. The notice of default must be submitted in writing and must contain a sufficiently precise description/substantiation of the shortcoming so that 48uur.com is able to respond adequately.
12.2 If the performance of the Agreement by 48uur.com results in liability on the part of 48uur.com, such liability shall be limited to the total amount invoiced under the Agreement, but only with regard to the direct damages suffered by the Counterparty, unless the damage is the result of intent or gross negligence on the part of 48uur.com.
12.3 48uur.com shall not be liable for consequential damages, indirect damages, business damages, loss of profits and/or incurred losses, missed savings, damages due to business interruption, capital losses, delay damages, interest damages, immaterial damages, and damages resulting from the use of Products and/or Services provided or Work performed.
For a Consumer, a limitation shall apply in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
12.4 48uur.com shall not be liable for and/or obliged to repair damages caused by the use of the Product. 48uur.com provides strict maintenance and usage instructions which must be complied with by the Counterparty. All damage to Products resulting from wearing and usage is expressly excluded from liability (including, but not limited to, signs of use, usage damage, drop damage, light and water damage, theft, loss, etc.).
12.5 48uur.com shall not be liable for damages that are the result of or may result from any act or omission based on (incomplete and/or incorrect) information on the website(s) or on linked websites.
12.6 48uur.com is not responsible and/or liable for errors and/or irregularities in the functionality of the website and is not liable for disruptions or for the website being unavailable for any reason whatsoever.
12.7 48uur.com does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of 48uur.com, nor their timely receipt.
12.8 All claims of the Counterparty due to shortcomings on the part of 48uur.com shall lapse, without prejudice to any shorter applicable limitation periods, if they are not reported in writing and with reasons to 48uur.com within one year after the Counterparty became aware or could reasonably have become aware of the facts on which it bases its claims. In any case, all claims of the Counterparty shall expire one year after the termination of the Agreement.
Article 13 — Indemnification and Accuracy of Information
13.1 The Counterparty is solely responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form whatsoever, that it provides to 48uur.com in the context of an Agreement, as well as for the data obtained from third parties and provided to 48uur.com for the purpose of performing the Agreement.
13.2 The Counterparty indemnifies 48uur.com against any liability resulting from the failure to provide, or the untimely provision of, all correct, reliable, and complete data, information, documents, and/or records.
13.3 The Counterparty indemnifies 48uur.com against all claims from itself and from third parties engaged by it or working under it, as well as from customers of the Counterparty, based on the failure to obtain (in a timely manner) any consents and/or permissions required in the context of the performance of the Agreement, including those relating to third-party intellectual property rights.
Article 14 — Force Majeure
14.1 48uur.com shall not be liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the Agreement, nor can it be held to perform any obligation if it is prevented from doing so by a circumstance that is not attributable to its fault and which, under the law, legal acts, or generally accepted standards, cannot be reasonably regarded as its responsibility.
14.2 Force majeure shall in any case include, but is not limited to, what is understood by law and case law, as well as:
(i) force majeure affecting suppliers of 48uur.com,
(ii) failure by suppliers prescribed or recommended by the Counterparty to properly meet their obligations,
(iii) defects in goods, equipment, software, or materials of third parties,
(iv) government measures,
(v) power outages,
(vi) disruptions of internet, data networks, and telecommunication facilities (for example: cybercrime and hacking),
(vii) natural disasters,
(viii) war and terrorist attacks,
(ix) general transportation problems,
(x) strikes within the business of 48uur.com, and
(xi) other situations which, in the opinion of 48uur.com, are beyond its control and prevent the (further) fulfillment of its obligations, whether temporarily or permanently.
14.3 48uur.com shall also be entitled to invoke force majeure if the circumstance preventing (further) performance arises after 48uur.com should have fulfilled its obligation.
14.4 During the period of force majeure, the Parties may suspend their obligations under the Agreement. If this period lasts longer than two months, either Party shall be entitled to terminate the Agreement without being obliged to compensate the other Party for damages.
14.5 Insofar as 48uur.com, at the time the force majeure occurs, has already partially fulfilled its obligations under the Agreement or is able to fulfill them, and the fulfilled or to be fulfilled part has independent value, 48uur.com shall be entitled to invoice the fulfilled or to be fulfilled part separately. The Counterparty is obliged to pay this invoice as if it were a separate Agreement.
Article 15 — Transfer of Risk
15.1 The risk of loss or damage to the Product or the Leased Item that is the subject of the Agreement shall pass to the Counterparty, if it is a Business, at the moment the goods leave the warehouse of 48uur.com. For a Consumer, the risk passes as soon as the Product or the Leased Item has been placed under the control of the Counterparty, being a Consumer. This shall in any case be deemed to have occurred if the Product or Leased Item has been delivered to the delivery address of the Counterparty.
15.2 With regard to the installation or assembly of Products, the risk shall pass to the Counterparty at the moment the work and/or the Products have been placed under the control of the Counterparty after installation by 48uur.com.
Article 16 — Complaints
16.1 If the Counterparty is dissatisfied with the Product or the Leased Item and/or has complaints regarding the performance of the Agreement by 48uur.com, the Counterparty is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the event giving rise to the complaint, under penalty of forfeiture of rights. Complaints may be submitted via info@48uur.com with the subject “Complaint”.
16.2 The complaint must be sufficiently substantiated and/or explained by the Counterparty in order for 48uur.com to process the complaint.
16.3 48uur.com shall respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
16.4 The Parties shall in all cases attempt to reach a solution together. If the complaint is found to be justified, replacement of the same or a similar Product shall be provided free of charge in consultation with the Counterparty.
Article 17 — Applicable Law and Disputes
17.1 All Agreements between 48uur.com and the Counterparty are governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
17.2 48uur.com reserves the right to unilaterally amend these General Terms and Conditions and shall notify the Counterparty of such amendments in due time.
17.3 In the event of translations of these General Terms and Conditions, the Dutch version shall prevail.
17.4 In the event of interpretation of the content and scope of these General Terms and Conditions, the Dutch text shall always be decisive.
17.5 All disputes arising from or in connection with the Agreement between 48uur.com and the Counterparty shall be submitted exclusively to the competent court of Midden-Nederland, location Utrecht, unless provisions of mandatory law result in the jurisdiction of another court.
Article 18 — Delivery
18.1 The Lessee is obliged to accept the Leased Object at the moment it is made available to him under the Agreement, even if it is offered earlier or later than agreed. The Leased Object will be delivered by 48uur.com at the location agreed upon in writing.
18.2 If the commencement, progress, or (completion of) delivery of the Agreement is delayed because, for example, the Lessee has not provided all requested information on time, does not provide sufficient cooperation, the (advance) payment has not been received by 48uur.com on time, or if any delay occurs due to other circumstances beyond the control of 48uur.com, then 48uur.com is entitled to a reasonable extension of the (completion/delivery) term. All agreed (completion/delivery) terms are never strict deadlines. The Lessee must put 48uur.com in default in writing and grant it a reasonable period to still perform the (completion/delivery). The Lessee is not entitled to any compensation due to the delay.
18.3 If the Lessee refuses to accept or fails to provide information or instructions necessary for the delivery, 48uur.com is entitled to store the goods at the expense and risk of the Lessee.
18.4 If the Leased Object is delivered by 48uur.com or an external carrier, 48uur.com is entitled, unless otherwise agreed in writing, to charge delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
18.5 If 48uur.com requires data from the Lessee in the context of the execution of the Agreement, the delivery period shall not commence until the Lessee has provided all the data necessary for the execution to 48uur.com.
18.6 If 48uur.com has specified a delivery period, this is indicative.
18.7 48uur.com is entitled to deliver the Leased Object in parts, unless otherwise agreed in the Agreement or unless the partial delivery has no independent value. 48uur.com is entitled to invoice the delivered parts separately.
18.8 Any defects in the Leased Object or incorrectly delivered parts of the Leased Object must be reported to 48uur.com in writing within 24 hours of delivery at info@48uur.nl. In the event of damage to the Leased Object due to careless handling by the Lessee, the Lessee is liable for any depreciation of the Leased Object.
18.9 The Lessee is deemed to have received the Leased Object in good condition and is obliged to return the Leased Object in good condition. If, during or after return delivery, it appears from inspection that the returned Leased Object is not in good condition, the Lessee is obliged to reimburse 48uur.com for the repair costs and any other damages. Furthermore, the Lessee is at all times liable for all damage to, and/or caused by, the Leased Object during all transports carried out by or on behalf of the Lessee.
Article 19 — Defects
19.1 48uur.com warrants that the Leased Object complies with what has been agreed between the parties in the Agreement.
19.2 48uur.com shall remedy defects in the Leased Object reported by the Lessee within a reasonable period, unless this is impossible or the costs of remedying the defects cannot reasonably be required of 48uur.com. In such a case, 48uur.com will ensure the replacement of the Leased Object.
19.3 Any damage to or loss of the Leased Object must be reported to 48uur.com immediately, but no later than within 24 hours. If agreed, 48uur.com will take care of further handling of the damage and/or repair. In that case, the Lessee is obliged to follow the instructions of 48uur.com.
19.4 The Lessee is personally liable for the following costs and damages, and indemnifies 48uur.com against them:
— damage caused by the loss of the Leased Object and/or its accompanying documents;
— damage that, for any reason, is not reimbursed by the Lessee’s insurance company;
— damage caused by the Lessee’s own careless actions.
19.5 Defects in alterations and additions made or adopted by the Lessee, as well as defects in the Leased Object resulting from such alterations or additions and the harmful consequences thereof for the Leased Object, 48uur.com, or third parties, are not considered defects of the Leased Object within the meaning of Article 7:204 of the Dutch Civil Code and do not give the Lessee any claim against 48uur.com. For defects in the Leased Object resulting from such alterations or additions and the harmful consequences thereof for the Leased Object, 48uur.com, or third parties, the Lessee is liable. The Lessee shall indemnify 48uur.com against any third-party claims against 48uur.com in this regard.
19.6 Hidden defects are defects that the Lessee did not and could not reasonably have discovered during a thorough inspection of the Leased Object. Such defects must be reported to 48uur.com in writing immediately after their discovery.
Article 20 — Warranty in Rental
48uur.com warrants that the Leased Object complies with the Agreement, the specifications stated in the Offer, usability and/or soundness, and the statutory rules/regulations in force at the time the Agreement was concluded.
Article 21 — Payment and Collection Policy in Rental
21.1 Payment shall be made every 4 weeks, unless otherwise agreed in writing, in the currency in which the invoice is issued and via the indicated method. In the event of late payment, a penalty of 1% per month on the outstanding amount shall be charged until full payment has been received.
21.2 The Lessee cannot derive any rights or expectations from a budget provided in advance, unless the parties have expressly agreed otherwise.
21.3 The Lessee must make payment in the agreed manner without deductions to the account number and details of 48uur.com as communicated. Only with explicit and written permission from 48uur.com may the parties agree to a different payment term.
21.4 If a periodic payment obligation by the Lessee has been agreed, 48uur.com is entitled to adjust the applicable prices and rates in writing, subject to a notice period of 3 months.
21.5 In the event of death, bankruptcy, seizure, or suspension of payment of the Lessee, all claims of 48uur.com against the Lessee shall become immediately due and payable, and the Leased Object must immediately be returned by the Lessee, or in the event of the Lessee’s death by their heirs, into the possession of 48uur.com.
21.6 48uur.com has the right to allocate payments made by the Lessee first to cover costs, then to cover accrued interest, and finally to reduce the principal and current interest. Without being in default, 48uur.com may refuse an offer of payment if the Lessee designates a different order of allocation. 48uur.com may refuse full discharge if repayment of the principal does not also cover the accrued and current interest as well as costs.
21.7 If the Lessee fails to meet their payment obligation and has not complied within the stipulated payment term of 30 days, the Lessee will first receive a written reminder granting a period of 14 days from the date of the reminder to still fulfill the payment obligation. The reminder shall include a statement of the extrajudicial costs due if the Lessee fails to comply within that period. Failure to comply places the Lessee in default.
21.8 From the date the Lessee is in default, 48uur.com shall, without further notice of default, claim the applicable statutory interest from the first day of default until full settlement, as well as reimbursement of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale set out in the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
21.9 If 48uur.com incurs more or higher costs that are reasonably necessary, these costs shall also be eligible for reimbursement. Any judicial and enforcement costs incurred shall also be borne by the Lessee.
Article 22 — Liability for Damage to the Leased Object
22.1 The Lessee is liable for all damage to the Leased Object, unless the Lessee proves that neither the Lessee nor persons for whom the Lessee bears responsibility and/or liability in relation to 48uur.com — including, in any case, its staff — are at fault in causing such damage.
22.2 48uur.com is not liable for damage resulting from the use of the Leased Object. The Lessee must use the Leased Object in accordance with the supplied manual and instructions from 48uur.com.
22.3 48uur.com is not liable for any damage incurred by the Lessee due to the Leased Object not being made available on time, unless the delay in making the Leased Object available is caused by intent or gross negligence on the part of 48uur.com itself.
22.4 If damage occurs during the rental period, the Lessee is obliged to compensate all such damage if it is not covered by warranty and/or if 48uur.com cannot (have it) repaired free of charge.
22.5 If, after the end of the Agreement, the Lessee unlawfully retains possession of the Leased Object, 48uur.com may claim compensation based on the rental price for the period during which the Leased Object was wrongfully retained.
Article 23 — User Regulations and Obligations of the Lessee
23.1 The Lessee is obliged to use the Leased Object properly and personally, in accordance with its intended purpose under the Agreement.
23.2 The Lessee has independent responsibility for the management and use of the Leased Object.
23.3 Subletting is prohibited unless the Lessee has obtained explicit written permission from 48uur.com to sublet the Leased Object to third parties.
23.4 In the event of subletting, the Lessee remains liable under these Terms and Conditions for the use by such third party in the same manner as for his own use.
23.5 The Lessee is obliged to use the Leased Object in such a way that no laws, local regulations, or other government requirements are violated, and that there is no risk that any government license or exemption will or may be revoked. The Lessee must also comply with the requirements or regulations set or to be set by utilities and other companies responsible for the supply, transport, or measurement of gas, water, electricity, etc.
23.6 The Lessee is obliged to use the Leased Object in such a way that no nuisance or disturbance of any kind is caused, by or on behalf of the Lessee or by the (use of the) Leased Object, to 48uur.com, the Lessee’s neighbors, or the surrounding environment.
23.7 The Lessee is obliged to use the Leased Object in such a way that no environmental damage of any kind occurs or is reasonably likely to occur, such as emissions or contamination of soil, groundwater, surface water, or air. The Lessee must take adequate preventive measures. In case of any act or omission contrary to these obligations, the Lessee is obliged, towards 48uur.com and third parties, to carry out timely, proper, and complete clean-up. The Lessee is also fully liable towards 48uur.com and third parties for any damage resulting from such contamination, including the costs of clean-up carried out by third parties such as the government or 48uur.com, notwithstanding the Lessee’s own obligation under the Agreement.
23.8 The Lessee bears independent responsibility for obtaining all permits and/or exemptions required for the agreed use of the Leased Object. Failure to meet this obligation is at the Lessee’s own expense and risk and does not constitute grounds for termination of the Agreement.
23.9 The Lessee must have insured the Leased Object against theft, vandalism, and fire prior to the start of the rental period.
23.10 The Lessee is obliged to take timely and appropriate measures to prevent damage to, in, or caused by the Leased Object as a result of frost, precipitation, storm, other weather conditions, short-circuit, fire, leakage, etc.
23.11 The Lessee is prohibited from altering the design or condition of the Leased Object in whole or in part or from adding anything to it without prior written consent from 48uur.com. 48uur.com is only obliged to cooperate if such changes are necessary for the efficient use of the Leased Object. 48uur.com has the right to attach conditions to granting written permission or to impose obligations, including an increase in the rent if such changes or additions reasonably justify it.
23.12 Alterations and additions made or adopted by the Lessee do not form part of the Leased Object and must be undone or removed by the Lessee before or upon termination of the Agreement, unless the parties have expressly agreed otherwise in writing at or after the time of granting permission.
23.13 The Lessee is obliged to return the Leased Object clean and in accordance with the Agreement at the end of the rental period.
23.14 The Lessee has no right to any compensation for unjust enrichment of 48uur.com or any third party in connection with alterations or additions made to the Leased Object that, for any reason, have not been undone or removed at or after the end of the Agreement, unless explicitly and in writing agreed otherwise.
23.15 The Lessee is obliged to provide all information requested by 48uur.com, as well as relevant attachments and related information and data, on time and/or before the start of the rental period and in the required form for the proper execution of the Agreement. Failure to do so may prevent 48uur.com from fully executing the Agreement. The consequences of such a situation are always at the Lessee’s expense and risk.
23.16 48uur.com is not obliged to verify the accuracy and/or completeness of the information provided to it, nor to update the Lessee with respect to changes in such information over time, nor is 48uur.com responsible for the accuracy and completeness of information compiled by 48uur.com for third parties and/or provided to third parties in the context of the Agreement.
23.17 If necessary for the execution of the Agreement, 48uur.com may request additional information. If the Lessee fails to provide such additional information in a timely manner, 48uur.com is entitled to suspend performance of the Agreement until the information is received, without being liable for any damages to the Lessee. In the event of changed circumstances, the Lessee must notify 48uur.com immediately, or no later than 3 working days after becoming aware of the change.
23.18 After installation/delivery of the camera tower, the Lessee is not permitted to move the towers. If this does occur or becomes necessary, the Lessee must notify the Lessor, and additional costs may be charged.
Article 24 — Obligations of 48uur.com
24.1 48uur.com shall execute the Agreement to the best of its knowledge and ability and is obliged to make the Leased Object available to the Lessee insofar as this is necessary for the agreed use.
24.2 48uur.com shall deliver the Leased Object in good condition and free from defects observable by an expert, except where and/or insofar as maintenance defects and/or other defects have been specified and are therefore known to and accepted by the Lessee beforehand.
24.3 If and insofar as proper performance of the Agreement requires, 48uur.com has the right to have certain activities carried out by third parties at its own discretion.
Article 25 — Maintenance
25.1 During the rental period, if agreed in writing, 48uur.com shall, in return for a fee, perform maintenance activities consisting of biweekly inspections of the Leased Object to ensure proper functioning, including recordings, and if necessary adjusting or repairing the Leased Object due to malfunction or changed circumstances.
25.2 If defects are identified during a maintenance inspection, such defects shall be repaired by 48uur.com or a third party engaged by 48uur.com. If repair is not possible, 48uur.com is entitled to replace the Leased Object.
25.3 Maintenance and repair activities shall be carried out solely by 48uur.com or a third party engaged by 48uur.com. The Lessee is at all times responsible for the proper and careful use of the Leased Object and must refrain from improper or unauthorized use, making changes without written consent from 48uur.com, using the Leased Object for purposes other than those intended, exposing the Leased Object to abnormal conditions, or handling the Leased Object contrary to the instructions of 48uur.com.
25.4 48uur.com is not obliged to perform maintenance, repair, or preservation of alterations or additions made or adopted by the Lessee.
Article 26 — Early Termination of the Rental Agreement
26.1 In the event of early termination of a Rental Agreement without any attributable breach by the Lessee, the Lessee shall owe 48uur.com the actual costs incurred up to that moment at the agreed (hourly) rate. The time registration of 48uur.com shall be decisive in this regard.
26.2 Upon termination of the rental period, the Lessee shall immediately lose the right to use the Leased Object.
Article 27 — Product Delivery
27.1 If the commencement, progress, or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information on time, fails to provide sufficient cooperation, the (down) payment has not been received by 48uur.com on time, or due to other circumstances beyond the control of 48uur.com any delay occurs, 48uur.com shall be entitled to a reasonable extension of the delivery period. All agreed delivery terms shall never be considered final deadlines. The Buyer must give 48uur.com written notice of default and grant a reasonable period to still deliver. The Buyer shall not be entitled to any compensation as a result of such delay.
27.2 The Buyer is obliged to accept the Products at the moment they are made available to him under the Agreement, even if they are offered earlier or later than agreed.
27.3 If the Buyer refuses acceptance or fails to provide the information or instructions necessary for delivery, 48uur.com shall be entitled to store the goods at the expense and risk of the Buyer.
27.4 If the Products are transported by 48uur.com or an external carrier, 48uur.com shall be entitled to charge transport costs. These will then be invoiced separately unless expressly agreed otherwise.
27.5 If 48uur.com requires information from the Buyer in the context of executing the Agreement, the delivery period shall not commence until the Buyer has provided all information necessary for execution to 48uur.com.
27.6 If 48uur.com has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands. In case of delivery outside the Netherlands, the Buyer must also have paid the full amount to 48uur.com before the Products are dispatched and delivered.
27.7 48uur.com is entitled to deliver the Products in parts, unless agreed otherwise in the Agreement or unless the partial delivery has no independent value. 48uur.com is entitled to invoice the delivered parts separately.
27.8 Deliveries will only be carried out if all invoices have been paid, unless expressly agreed otherwise. 48uur.com reserves the right to refuse delivery if there are well-founded concerns regarding non-payment.
Article 28 — Packaging and Transport
28.1 48uur.com undertakes towards the Buyer to properly package the Products to be delivered and to secure them in such a manner that they will reach their destination in good condition under normal transport.
28.2 Unless otherwise agreed in writing, all deliveries shall be made including value added tax (VAT), including packaging and packaging materials, and any mandatory disposal contribution.
28.3 Acceptance of Products without comments or remarks on the consignment note or receipt shall serve as proof that the packaging was in good condition at the time of delivery.
Article 29 — Inspection, Complaints
29.1 The Buyer is obliged to examine the delivered goods at the time of delivery, or in any case within 7 (calendar) days after receipt of the goods, but only to unpack or use them to the extent necessary to determine whether they will retain the Product(s). In doing so, the Buyer must verify whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Product(s) meet the requirements applicable in normal (commercial) transactions.
29.2 Any visible defects or shortages must be reported in writing to 48uur.com at info@48uur.com within 7 calendar days of receipt of the goods. Non-visible defects or shortages must be reported within 7 calendar days of discovery, but no later than 6 months after receipt of the goods, under penalty of forfeiture of claims. In case of damage to the Product(s) due to careless handling by the Buyer, the Buyer shall be liable for any depreciation in value of the Product(s).
29.3 If a complaint is submitted in time in accordance with the previous paragraph, the Buyer shall nevertheless remain obliged to pay for the Product(s). If the Buyer wishes to return defective Products, this shall only be done with the prior written consent of 48uur.com and in the manner indicated by 48uur.com.
29.4 Products provided with a seal or Products manufactured to order cannot be returned by the Buyer.
29.5 Returns must be made by the Buyer under the following conditions:
If the Buyer does not comply, or does not fully comply, with these obligations, 48uur.com is entitled to offset the costs of repair and/or cleaning against any credit due to the Buyer from the purchase price (remaining).
29.6 48uur.com is entitled to initiate an investigation into the authenticity and condition of the returned Products before any refund will take place.
29.7 Refunds to the Buyer will be processed as soon as possible, but the refund may take up to 14 days after receipt of the Buyer’s declaration of termination. Refunds will be made to the previously provided account number.
29.8 If the Buyer exercises their right of complaint, the Buyer, being a Business, has no right to suspend its payment obligation or to set off outstanding invoices.
29.9 In the event of an incomplete delivery, and/or if one or more Products are missing, and this is attributable to 48uur.com, 48uur.com shall, at the Buyer’s request, send the missing Product(s) or cancel the remaining order. The receipt confirmation of the Products shall be decisive in this respect. Any damages suffered by the Buyer as a result of the (deviation in the) scope of delivery cannot be recovered from 48uur.com.
Article 30 — Maintenance
30.1 If agreed in writing in an Agreement, 48uur.com shall perform maintenance. The scope of the maintenance obligation extends to checking the Product(s) every two weeks for proper functioning, including the recordings, and adjusting the Product(s) in response to any malfunction of the Product(s) and/or changed circumstances. 48uur.com shall inform the Buyer of all circumstances that may affect the (availability of) the maintenance.
30.2 The Buyer is obliged to report any defects, errors, or other malfunctions in writing to 48uur.com, after which 48uur.com, in accordance with its usual procedures, will remedy the defects and/or make improvements as soon as possible and to the best of its ability. If necessary, 48uur.com is entitled to first implement temporary solutions, after which a structural solution may be developed and implemented in consultation with the Buyer.
30.3 The Buyer is obliged, upon first request, to provide its cooperation to 48uur.com in order to enable 48uur.com to carry out the maintenance.
Article 31 — Payment and Collection Policy for Purchase
31.1 Payment shall be made partly in advance and partly after delivery of the Product, unless otherwise agreed, in the currency invoiced and via the indicated method.
31.2 For delivery outside the Netherlands, the full invoice amount must be paid by the Buyer before the Products are transported and delivered.
31.3 The Buyer cannot derive any rights or expectations from a budget provided in advance, unless the parties have expressly agreed otherwise.
31.4 The Buyer must make full payment in one installment to the account number and details provided by 48uur.com. Only with the explicit and written consent of 48uur.com may the parties agree to a different payment term.
31.5 If a periodic payment obligation of the Buyer has been agreed upon, 48uur.com is entitled to adjust the applicable prices and rates in writing, subject to a notice period of 3 months.
31.6 In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Buyer, the claims of 48uur.com against the Buyer shall become immediately due and payable.
31.7 48uur.com has the right to apply payments made by the Buyer first to the costs, then to the accrued interest, and finally to the principal sum and the current interest. Without being in default as a result, 48uur.com may refuse an offer of payment if the Buyer designates a different order of allocation. 48uur.com may refuse full repayment of the principal sum with final discharge if the accrued and current interest as well as the costs are not simultaneously paid.
31.8 When the Buyer does not meet its payment obligation and fails to fulfill its obligation within the set payment term of 30 days, the Buyer, being a Business, shall be in default without any notice of default being required. In the case of late payment, a penalty of 1% per month on the outstanding amount shall be charged until full payment is received. The Buyer, being a Consumer, shall first receive a written reminder with a 30-day term from the date of the reminder to still fulfill the payment obligation, including a specification of the extrajudicial costs. If the Buyer, being a Consumer, does not meet its obligations within that period, it shall be in default.
31.9 From the date the Buyer is in default, 48uur.com shall, without further notice of default, be entitled to statutory (commercial) interest from the first day of default until full payment, as well as reimbursement of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated based on the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
31.10 If 48uur.com has incurred more or higher costs that were reasonably necessary, these costs shall be eligible for reimbursement. The legal and enforcement costs incurred shall also be borne by the Buyer.
Article 32 — Retention of Title
32.1 All Products delivered by 48uur.com remain the property of 48uur.com until the Buyer has fulfilled all obligations arising from all Agreements concluded with 48uur.com.
32.2 The Buyer is not authorized to pledge or otherwise encumber the Products subject to retention of title as long as ownership has not fully transferred.
32.3 If third parties seize the Products delivered under retention of title or wish to establish or assert rights over them, the Buyer is obliged to notify 48uur.com thereof as soon as can reasonably be expected.
32.4 In the event that 48uur.com wishes to exercise its ownership rights as referred to in this article, the Buyer hereby grants unconditional and irrevocable permission and authorization to 48uur.com or third parties designated by it to enter all places where the property of 48uur.com is located and to repossess the Products.
32.5 48uur.com has the right to retain the Product(s) purchased by the Buyer if the Buyer has not (fully) met its payment obligations, notwithstanding an obligation to transfer or deliver by 48uur.com. Once the Buyer has fulfilled its obligations, 48uur.com shall make every effort to deliver the purchased Product(s) as soon as possible, but no later than within 20 working days, to the Buyer.
32.6 Costs and other (consequential) damages resulting from the retention of the purchased Products are at the expense and risk of the Buyer and shall be reimbursed to 48uur.com at its first request.
Article 33 — Warranty
33.1 48uur.com guarantees that the Products comply with the Agreement, the specifications stated in the Offer, usability and/or soundness, and the legal rules/regulations in force at the time the Agreement was concluded. However, this does not apply if the Products to be delivered are intended for use abroad. In such cases, the Buyer must ensure in advance that the Products comply with the relevant foreign legal rules/regulations and shall indemnify 48uur.com in this respect.
33.2 Product warranties never extend beyond what is provided by the manufacturer or what has been explicitly agreed. In case of conflict, the warranty provided by the manufacturer prevails. 48uur.com provides no warranty whatsoever for sales and/or installation abroad. The warranty period for Products is 60 months for Axis Products and 12 months for other Products, unless a different warranty period has been agreed in the Agreement. The warranty is the responsibility of the manufacturer/producer, and the warranty period for Products starts from the moment 48uur.com places the order with its supplier(s). 48uur.com is only responsible for ensuring the Product has the characteristics the Buyer could reasonably expect to be present. Electronic equipment must undergo annual NEN inspections, failing which the warranty will lapse.
33.3 48uur.com performs the Work in accordance with the standards applicable in the industry. If any warranty is provided in this respect, it is limited to what has been expressly and in writing agreed and only insofar as the warranty has been received from the suppliers. During the warranty period, 48uur.com guarantees proper and customary quality of the delivered Product(s).
33.4 The Buyer may only rely on the warranty provided by 48uur.com if the Buyer has fully met its payment obligations.
33.5 If the Buyer rightfully invokes an agreed warranty, 48uur.com is obliged to carry out a free repair or replacement of the delivered Product(s). If, in addition, any incidental damage has occurred, the applicable provisions on liability in these General Terms and Conditions shall apply.
33.6 The warranty lapses:
(i) once the warranty period has expired;
(ii) once the Buyer is in default towards 48uur.com;
(iii) if the Buyer has carried out repair and/or installation work itself, or had this done by third parties;
(iv) in case of exposure to abnormal conditions and use contrary to the operating instructions;
(v) if the Buyer has used Products other than those prescribed by 48uur.com and/or the manufacturer;
(vi) in case of above-average wear or wear resulting from exceptional use;
(vii) if the Buyer fails to carry out the required inspections, or does not do so on time.
The costs incurred by 48uur.com for parking, tolls and ferries are excluded from the above warranty provisions.
Article 34 — Installation Work
34.1 If installation work has been agreed in the Agreement, 48uur.com shall make every effort to carry out the installation with the utmost care, as may reasonably be expected. All Work is carried out on the basis of a best-efforts obligation, unless a specific result has been explicitly and in writing agreed and extensively described. Under no circumstances does 48uur.com guarantee that the Work performed and/or the goods delivered by it are suitable for the purpose intended by the Counterparty.
34.2 48uur.com does not carry out (structural) modifications to water, drainage, or electricity.
34.3 All instructions, directions, advice, and the like are deemed to have been given with the express approval of the Counterparty if they are issued by employees and/or subordinates of the Counterparty and/or third parties engaged by the Counterparty. Damage resulting from unauthorized or beyond-scope instructions shall be entirely at the expense and risk of the Counterparty.
34.4 48uur.com is entitled, at its own discretion, to engage third parties for the execution of the Work.
34.5 The scope of the execution of the Work extends only to what has been explicitly agreed by the parties and/or, if applicable, included in the report of a malfunction. 48uur.com shall inform the Counterparty of all circumstances that may affect the (availability of) maintenance.
34.6 The Counterparty is obliged to ensure that:
34.7 If the Counterparty fails to comply in a timely manner with the obligations stated in this Article, 48uur.com shall be entitled to suspend the execution of the Agreement until the Counterparty has fulfilled its obligations. The costs related to the resulting delay and/or the costs for performing additional Work, as well as any other consequences arising therefrom, shall be borne entirely by the Counterparty.
34.8 If the Counterparty fails to fulfill its obligations and 48uur.com refrains from demanding performance, this shall not affect the right of 48uur.com to demand performance at a later stage.
34.9 In the event of cancellation by the Counterparty less than 48 hours before the scheduled appointment, the Counterparty shall be liable for the costs of the staff engaged by 48uur.com as well as a reasonable compensation for the downtime of 48uur.com.
Article 35 — Delivery of Installation
35.1 If the commencement, progress, or (completion of) delivery of the Work is delayed because, for example, the Buyer has not provided all requested information on time, has not provided sufficient cooperation, the (down) payment has not been received by 48uur.com on time, or due to other circumstances for which the Buyer is responsible and liable, 48uur.com shall be entitled to a reasonable extension of the (completion) delivery period. All agreed (completion) delivery periods shall never be considered strict deadlines.
35.2 All damage and additional costs resulting from a delay caused by a circumstance as mentioned in paragraph 1 shall be borne by the Buyer and may be charged by 48uur.com to the Buyer.
35.3 48uur.com shall make every effort to complete the Work within the agreed period, insofar as this can reasonably be expected from it.
35.4 If reference is made to working days, this shall mean all (workable) calendar days with the exception of recognized national holidays and weekends.
35.5 The Buyer has independent responsibility for the management, use, and maintenance of the Products created and/or delivered by 48uur.com.
35.6 If 48uur.com has indicated that the Work is ready for delivery (the work is completed) and the Buyer does not inspect the work within a reasonable period and either accepts it with or without reservation, or puts it into use, processes it, or has it processed, the Buyer shall be deemed to have tacitly accepted the work. Minor defects that can be remedied during the maintenance period shall not constitute grounds for refusing the delivered work if they do not hinder its use. After acceptance, the work shall be considered delivered.
35.7 After delivery, the work shall be at the risk of the Buyer. The Buyer shall therefore remain liable for payment of the price, regardless of the destruction or deterioration of the work due to a cause not attributable to 48uur.com.
35.8 48uur.com shall not be liable for defects that the Buyer could reasonably have discovered at the time of delivery, except in cases of intent or deliberate recklessness by 48uur.com.
Article 36 — Additional and Reduced Work and Amendments
36.1 If during the execution of the Work it appears that the Agreement must be amended and/or supplemented, or (at the request of the Buyer) additional Work is required to achieve the Buyer’s desired result, the Buyer shall be obliged to reimburse such additional Work at the agreed (hourly) rate, plus any additional material costs. 48uur.com is not obliged to comply with such a request and may require the Buyer to enter into an additional Agreement.
36.2 If a fixed price has been agreed for the Work, 48uur.com shall inform the Buyer of the additional costs and/or financial consequences of the additional work.
36.3 If and insofar as a fixed price has been agreed for the performance of certain Work, and the execution of such Work results in additional Work that cannot reasonably be considered included in the fixed price, or the price needs to be increased as a result of incorrect information provided by the Buyer which is relevant for the pricing (unless 48uur.com should have discovered the inaccuracy of the information before determining the price), 48uur.com shall be entitled to charge such costs to the Buyer after consultation. If the Buyer, or an authorized employee of the Buyer, is not present at the site, 48uur.com shall be entitled either to suspend its Work or to perform the Work it deems professionally necessary, with the costs being borne by the Buyer.
36.4 In the case of hidden defects at the site where the Work is to be performed, or other unforeseen circumstances, 48uur.com shall be entitled to charge additional costs if such circumstances lead to additional Work.
36.5 Price changes resulting from amendments to the Agreement, or on the basis of legislation and regulations, shall be borne by the Buyer.
Article 37 — Limitation of Liability with Regard to Installation Work
37.1 If the work shows defects after delivery for which 48uur.com is (proven to be) liable, 48uur.com must be given the opportunity to remedy such defects within a reasonable period, without prejudice to liability for damages resulting from defective delivery, unless the costs of repair are disproportionate to the Buyer’s interest in repair instead of compensation. Under no circumstances shall 48uur.com be liable for consequential damages of any kind, including but not limited to business damages, loss of profit and/or losses incurred, missed savings, and damages due to business interruption.
37.2 In the case of measurements, 48uur.com shall not be liable for damages resulting from incorrect measurements, including but not limited to the ordering of incorrect materials and/or defects in materials, or performing (in)measurements.
37.3 If the (consequences of the) defective execution of the work are due to defects or unsuitability of items supplied by the Buyer, the consequences shall be borne by the Buyer, unless 48uur.com has breached its duty to warn or has otherwise failed in expertise or due care with regard to such defects. 48uur.com shall also not be liable for damages resulting from the premature use of part or all of the work by the Buyer.
37.4 The Buyer shall be liable for damages to the work resulting from work carried out or deliveries made by the Buyer or by third parties engaged on their behalf. Damages resulting from the use of materials prescribed by the Buyer and/or the execution of a design provided by the Buyer shall also be entirely at the expense and risk of the Buyer.
37.5 The Buyer shall furthermore be liable for the loss and/or theft of and/or damage to the items, tools, materials, and more that 48uur.com uses and/or has stored at the Buyer’s premises in the context of the execution of the Agreement during the execution of the Work, including damage caused by imperfections, defects, and other issues at the work location.
37.6 If, after the conclusion of the Agreement, it appears that the location or the work is contaminated, for example with asbestos, or contaminated materials emerge from the work, the Buyer shall be liable for the resulting consequences for the execution of the work.
Article 38 — Permits, Indemnification
38.1 The Buyer is responsible for obtaining all possibly required (environmental) permits. The Buyer shall indemnify 48uur.com against all claims resulting from the absence of (environmental) permits.
38.2 If the Buyer provides electronic files, software, or data carriers to 48uur.com, the Buyer guarantees that these are free of viruses and defects.
38.3 The Buyer shall also indemnify 48uur.com against all damages, fines, penalty payments, claims, and other measures.
Camera towers and surveillance for any site.
Camera towers and surveillance for any site.
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Operating under 48uur.com
Ierlandstraat 4a
5171 PD, Kaatsheuvel
The Netherlands
