General terms and conditions
Article 1
L.J.M. de Graaf software Testing, whose registered office is in Rotterdam, is a private company incorporated under Dutch law. Its object is to exercise the software testing profession.
Article 2
All services and other activities are carried out by L.J.M. de Graaf software Testing under a contract for professional services concluded with it, unless otherwise agreed upon in writing.
Article 3
All instructions are accepted and carried out by L.J.M. de Graaf software Testing only, even if the expressed or implied intention is for an instruction to be carried out by a specific individual. The applicability of articles 404 and 407 (2) of Book 7 of the Dutch Civil Code is expressly excluded.
Article 4
Instructions are carried out by L.J.M. de Graaf software Testing for the benefit of the client only. Third parties may derive no rights from the instruction and any activities performed in relation thereto.
Article 5
The choice of any third parties to be engaged by L.J.M. de Graaf software Testing, will as much as possible be made in consultation with the client and with due observance of the requirements of due care. L.J.M. de Graaf software Testing will not be liable for any shortcomings on the part of any third parties engaged by L.J.M. de Graaf software Testing. L.J.M. de Graaf software Testing is hereby authorized by the client to accept any third parties’ limitations of liability on client’s behalf.
Article 6
If in the performance of an instruction an event should occur as a result of an act or omission, leading to liability towards the client on the part of L.J.M. de Graaf software Testing , such liability will always be limited to 5000 euro.
Article 7
Fees shall be payable by the client to L.J.M. de Graaf Software Testing for the performance of an instruction, plus disbursements and turnover tax. Unless otherwise agreed upon, the fees will be calculated on the basis of the number of hours worked, multiplied by the hourly rate annually to be determined by L.J.M. de Graaf software Testing .
Article 8
L.J.M. de Graaf software Testing is authorized to apply any advance that has been paid towards the invoice by the client to the oldest outstanding invoice, as well as to all that is held or will be held for the client by L.J.M. de Graaf Software Testing.
Article 9
Where assigned cases are concerned, the provisions of articles 8 and 9 only apply to the costs payable by the client under the assignment decision.
Article 10
Invoices from L.J.M. de Graaf Software Testing are payable within 30 days – without setoff or suspension. When no payment is forthcoming despite a demand to that effect, L.J.M. de Graaf Software Testing will be authorized to charge the client for extrajudicial collection costs to the amount of 15% of the principal sum.
Article 11
In case of non-payment for the activities carried out by or at the instructions of L.J.M. de Graaf software Testing for the benefit of the client, L.J.M. de Graaf software Testing will be authorized to suspend its activities until full payment of the outstanding invoices has been effected; any liability on the part of L.J.M. de Graaf software Testing for damage that may arise as a result thereof shall be excluded.
Article 12
Unless otherwise agreed upon in writing, these general terms and conditions shall apply to all contracts for professional services concluded with L.J.M. de Graaf software Testing . They shall furthermore apply to all additional and subsequent instructions. These general terms and conditions have been drawn up both in Dutch and in English. In the event of a dispute about the contents or scope of these general terms and conditions, the Dutch text shall be binding.
Article 13
The legal relationship between L.J.M. de Graaf software Testing and the client is governed exclusively by Dutch law. Any disputes will be submitted to the competent court in Rotterdam.