{"id":9694,"date":"2026-06-10T10:52:02","date_gmt":"2026-06-10T10:52:02","guid":{"rendered":"https:\/\/postmarineheating.com\/conditions-generales\/"},"modified":"2026-06-10T10:52:02","modified_gmt":"2026-06-10T10:52:02","slug":"conditions-generales","status":"publish","type":"page","link":"https:\/\/postmarineheating.com\/fr\/conditions-generales\/","title":{"rendered":"Conditions g\u00e9n\u00e9rales"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"9694\" class=\"elementor elementor-9694 elementor-2212\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-c1bc738 e-flex e-con-boxed e-con e-parent\" data-id=\"c1bc738\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;jet_parallax_layout_list&quot;:[]}\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t<div class=\"elementor-element elementor-element-1b03f30 e-con-full e-flex e-con e-child\" data-id=\"1b03f30\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;jet_parallax_layout_list&quot;:[]}\">\n\t\t<div class=\"elementor-element elementor-element-4513fb6 e-con-full e-flex e-con e-child\" data-id=\"4513fb6\" data-element_type=\"container\" data-e-type=\"container\" data-settings=\"{&quot;jet_parallax_layout_list&quot;:[]}\">\n\t\t\t\t<div class=\"elementor-element elementor-element-674e8a0 elementor-widget elementor-widget-text-editor\" data-id=\"674e8a0\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p style=\"padding:12px 16px;background:#f3f5f6;border-left:4px solid #016087;\"><strong>Remarque :<\/strong> Ces conditions g\u00e9n\u00e9rales sont disponibles uniquement en anglais.<\/p><h2 class=\"p2\">Terms and conditions of Metaalunie<\/h2><h5>1 January 2025<\/h5><p class=\"p3\">General terms and conditions of delivery issued by Koninklijke Metaalunie, filed with the Registry of the Court of Rotterdam.<\/p><p><strong>Article 1: Applicability<\/strong><\/p><p>1.1. The Metaalunie member who applies these terms and conditions is referred\u00a0to as the contractor. The other party is referred to as the client.<\/p><p>1.2. These terms and conditions apply to all offers made by a Metaalunie\u00a0 member, to all agreements that it enters into and to all agreements arising from this, all of which in-sofar as the Metaalunie member is the contractor.<\/p><p>1.3. In the event of a conflict between a provision of the concluded agreement\u00a0and these terms and conditions, the provision of the agreement\u00a0shall prevail.<\/p><p>1.4. Only Metaalunie members may use these terms and conditions.<\/p><p><strong>Article 2: Offers<\/strong><\/p><p>2.1. All offers made by the contractor are without obligation and revocable,\u00a0including offers that include a term for acceptance. The contractor is entitled\u00a0to revoke its offer up to two working days after it has received the\u00a0acceptance.<\/p><p>2.2. The prices stated by the contractor in the offer are expressed in euros,\u00a0excluding VAT and other government levies or taxes. In addition, the\u00a0prices do not include travel, accommodation, packaging, storage and\u00a0transport costs or costs for loading, unloading and cooperating with\u00a0customs formalities.<\/p><p>2.3. Unless otherwise specified, the offer does not include:<\/p><p>a. groundwork, pile driving, cutting, breaking, foundation work,\u00a0masonry, carpentry, plastering, painting, wallpapering, repair work\u00a0or any other construction work;<\/p><p>b. making connections to gas, water, electricity, internet or other infrastructural facilities;<\/p><p>c. measures to prevent or limit damage to, of theft or loss of, goods\u00a0present at or near the workplace;<\/p><p>d. removal of materials, soil, building materials or waste;<\/p><p>e. vertical and horizontal transport.<\/p><p><strong>Article 3: Confidentiality<\/strong><\/p><p>3.1. All information provided by or on behalf of the contractor to the client\u00a0(such as offers, designs, images, drawings and know-how) of whatever\u00a0nature and in whatever form is confidential. The client will only use this\u00a0information for the execution of the agreement. The client will not disclose\u00a0or reproduce the information.<\/p><p>3.2. If the client breaches an obligation under paragraph 1, it will owe an immediately\u00a0payable penalty of \u20ac 25,000 per breach. The contractor may\u00a0claim this penalty in addition to damages under the law.<\/p><p>3.3. The client must return the information referred to in paragraph 1 upon\u00a0first request, within a period set by the contractor, at the contractor\u2019s\u00a0discretion, or destroy it in a manner to be determined by the contractor,\u00a0without being allowed to retain a copy in any form whatsoever. In the\u00a0event of a breach of this provision, the client shall owe the contractor\u00a0an immediately payable penalty of \u20ac 1,000 per day. The client can claim\u00a0this penalty in addition to compensation under the law.<\/p><p><strong>Article 4: Advice and information provided<\/strong><\/p><p>4.1. The client cannot derive any rights from advice and information provided\u00a0by the contractor that is not related to the contract.<\/p><p>4.2. If the client provides information to the contractor, the contractor may\u00a0assume the accuracy and completeness of this information when making\u00a0an offer and performing the agreement.<\/p><p>4.3. The contractor is not obliged to warn of, or to independently investigate,\u00a0any inaccuracies in the order, defects and unsuitability of goods originating\u00a0from the client and errors or defects in plans, drawings, calculations,\u00a0specifications or implementation instructions provided by the\u00a0client.<\/p><p>4.4. The client indemnifies the contractor against any third-party claim in\u00a0connection with (the use of) information provided by or on behalf of\u00a0the client. This includes advice, instructions, drawings, calculations, designs,\u00a0materials, brands, samples and models. The client shall compensate\u00a0the contractor for all damage suffered. This includes the full cost of\u00a0legal defence.<\/p><p><strong>Article 5: Delivery time<\/strong><\/p><p>5.1. All delivery times, which includes in these conditions a delivery date,\u00a0week, month, term or implementation period, are indicative. If these\u00a0are exceeded, the client must issue the contractor at all times with a\u00a0notice of default.<\/p><p>5.2. The delivery time shall apply only when the client and the contractor\u00a0have reached timely agreement on all commercial and technical details,\u00a0all information, including final and approved drawings and the\u00a0like, is in the possession of the contractor, all items to be made available\u00a0by the client have been received by the contractor, the agreed (instalment)\u00a0payment has been received in time and the other conditions for\u00a0the execution of the order have been fulfilled. If the delivery time no\u00a0longer applies, the contractor may determine a new delivery time taking\u00a0into account the contractor\u2019s schedule.<\/p><p>5.3. The delivery time no longer applies if there are circumstances other\u00a0than those known to the contractor when it specified the delivery time\u00a0and those circumstances are at the expense and risk of the client, including\u00a0changes to the order, contract variations or suspension by the contractor.<\/p><p>If the delivery time no longer applies, the contractor may determine\u00a0a new delivery time taking into account the contractor\u2019s schedule.<\/p><p>5.4. The client must reimburse the contractor for all costs, damage and loss\u00a0incurred or suffered by the contractor as a result of a change in the delivery\u00a0time as referred to in paragraphs 2 and 3, without the need for a\u00a0notice of default.<\/p><p>5.5. Exceeding the delivery time does not entitle the client to compensation\u00a0or full or partial termination. The client indemnifies the contractor against claims from third parties as a result of exceeding the delivery time.<\/p><p><strong>Article 6: Delivery and risk transfer<\/strong><\/p><p>6.1. Delivery takes place at the time the contractor makes the item available\u00a0to the client at its premises and has notified the client accordingly. From\u00a0that moment on, the item is at the client\u2019s risk.<\/p><p>6.2. If, after the conclusion of the agreement, the contractor nevertheless\u00a0arranges the transport in whole or in part at the request of the client\u00a0or assists the client in this regard (such as storage, loading, stowage or\u00a0unloading), this will be at the expense and risk of the client. The client\u00a0can insure itself against these risks.<\/p><p>6.3. If after delivery, transport is carried out by or on behalf of the client and\u00a0the contractor must have access to (transport) documents that are in the\u00a0client\u2019s possession, the client must make those documents available to\u00a0the contractor free of charge upon first request.<\/p><p>6.4. If an item is exchanged and the client retains the item to be exchanged\u00a0pending delivery of the new item, the risk of the item to be exchanged\u00a0remains with the client until the time that it hands over the item to the\u00a0contractor. If the client is unable to deliver the item to be exchanged in the condition in which it was when the agreement was concluded, the\u00a0contractor may terminate the agreement wholly or in part.<\/p><p><strong>Article 7: Price change<\/strong><\/p><p>The contractor may pass on to the client any increase in cost-determining factors that occurred after the conclusion of the agreement. The client must pay\u00a0the price increase at the contractor\u2019s first request.<\/p><p><strong>Article 8: Force majeure<\/strong><\/p><p>8.1. If the contractor cannot fulfil its obligations due to a circumstance beyond\u00a0its actual control, this cannot be attributed to the contractors and\u00a0results in force majeure. In that event, the contractor shall not be liable\u00a0for any damage suffered by the client as a result. Except as provided in\u00a0the fourth paragraph of this article, the client is in that event also not\u00a0entitled to terminate the agreement in whole or in part.<\/p><p>8.2. The circumstances referred to in the first paragraph of this article include\u00a0in any case (civil) war (threat), terrorism, riots, outbreaks of infectious\u00a0diseases and the resulting government measures or advice, natural disasters, extreme weather conditions, import or trade restrictions, explosion,\u00a0fire, water damage, sabotage, cybercrime, disruption of digital\u00a0infrastructure, disruptions in the supply of energy, (partial) loss, theft or loss of tools, materials or information, defects in machines, roadblocks, blockades of railways and waterways or airports, strikes or work stoppages,\u00a0staff shortages and the circumstance that third parties engaged\u00a0by the contractor, such as suppliers, subcontractors and transporters, or\u00a0other parties on which the contractor is dependent, do not or do not timely\u00a0fulfil their obligations.<\/p><p>8.3. The contractor is entitled to suspend fulfilment of its obligations if it is\u00a0temporarily prevented from fulfilling its obligations to the client due to force majeure. Once the force majeure situation has ended, the contractor shall fulfil its obligations as soon as its schedule permits.<\/p><p>8.4. If there is force majeure and compliance is or becomes permanently impossible,\u00a0or the temporary force majeure situation has lasted for more than six months, the contractor is authorised to terminate the agreement wholly or in part with immediate effect. In those cases, the client is entitled to terminate the agreement with immediate effect, but only for that part of the obligations that the contractor has not yet fulfilled.<\/p><p>8.5. The parties are not entitled to compensation for the damage suffered or to be suffered as a result of the force majeure, suspension or termination as referred to in this article.<\/p><p><strong>Article 9: Contract extras<\/strong><\/p><p>Contract extras are calculated on the basis of the prices applicable at the contractor at the time the additional work is carried out. The client must pay the\u00a0price for the contract extras on the contractor\u2019s first request.<\/p><p><strong>Article 10: Execution of the work<\/strong><\/p><p>10.1. The client shall ensure that the contractor can perform its work safely, undisturbed, uninterrupted and at the agreed time. The client shall ensure at its own expense and risk that:<\/p><p>a. all permits, exemptions and other decisions necessary to carry out\u00a0the work have been obtained in a timely manner. The client is obliged to provide the contractor with a copy of the aforementioned\u00a0 documents on the contractor\u2019s first request;<\/p><p>b. the client informs the contractor in writing and in a timely manner of all (safety) regulations applicable at the location;<\/p><p>c. the contractor is provided with the necessary auxiliary personnel,\u00a0tools and facilities (such as gas, water, electricity, internet, suitable\u00a0access roads for any necessary transport, lifting and hoisting cranes, sanitary facilities and a lockable dry storage space) when carrying out its work;<\/p><p>d. all activities necessary for the execution of the work and not included\u00a0in the agreement have been carried out on time.<\/p><p>10.2. The client bears the risk and is liable for damage to and theft or loss of\u00a0all items located at or near the place where the work is carried out or at\u00a0any other agreed place, such as the item delivered or to be delivered, tools, materials intended for the work or equipment used in the performance\u00a0of the work. This does not apply if the client proves that the\u00a0damage, theft or loss was caused by the contractor itself.<\/p><p>10.3. Without prejudice to the provisions of paragraph 2 of this article, the\u00a0client must take out adequate insurance against the risks mentioned in that paragraph. In the event of damage, the client is obliged to report this immediately to its insurer for further processing and settlement.<\/p><p><strong>Article 11: Delivery of the work<\/strong><\/p><p>11.1. The work is deemed to be delivered if:<\/p><p>a. the client has approved the work;<\/p><p>b. the work has been put into use. If part of the work has been put into\u00a0use, that part is considered to be delivered;<\/p><p>c. the contractor has notified the client in writing that the work has\u00a0been completed and the client has not notified the contractor in\u00a0writing within 14 days of the date of such notification that the work\u00a0has not been approved;<\/p><p>d. the client does not approve the work on the grounds of minor defects\u00a0or missing parts that can be repaired or delivered within 30\u00a0days and that do not prevent the work from being put into use.<\/p><p>11.2. The contractor is not obliged to provide the client with a document\u00a0within the meaning of Section 7:757a of the Dutch Civil Code regarding the construction work that has been completed and is to be delivered (a \u2018transfer or delivery file\u2019).<\/p><p>11.3. If the client does not approve the work, it is obliged to inform the contractor of this in writing, stating the reasons. The client must give the\u00a0contractor the opportunity to deliver the work at a later date<\/p><p><strong>Article 12: Liability<\/strong><\/p><p>12.1. If the contractor is liable for whatever reason, such liability shall at all times be limited as stipulated in the following paragraphs.<\/p><p>12.2. If the contractor has any insurance taken out by it or on its behalf that\u00a0provides cover, the contractor\u2019s obligation to compensate for damage\u00a0shall be limited to the amount paid out under such insurance in the relevant\u00a0case.<\/p><p>12.3. If the contractor has no insurance as referred to in the previous paragraph\u00a0or no amount is paid out under such insurance for whatever reason,\u00a0the obligation to compensate for damage is limited to a maximum of 15% of the order price (excluding VAT). If the agreement consists of\u00a0parts or partial deliveries, this obligation is limited to a maximum of\u00a015% (excluding VAT) of the order price of the part or partial delivery in\u00a0connection with which the contractor\u2019s liability has arisen. If it concerns continuing performance contracts, the obligation to compensate for damage is limited to a maximum of 15% (excluding VAT) of the contract\u00a0price owed over the last twelve months prior to the damage-causing\u00a0event.<\/p><p>12.4. The following do not qualify for compensation:<\/p><p>a. consequential damage. Consequential damage includes, but is\u00a0not limited to: business interruption loss, loss of production, loss\u00a0of profit, missed savings and subsidies, tax disadvantages, costs\u00a0incurred in vain, internal costs of the client, reduced goodwill and\u00a0damage to reputation, penalties, damage resulting from liability\u00a0of the client towards third parties, loss in connection with damage,\u00a0destruction or loss of data or documents, transport costs and travel\u00a0and accommodation expenses, storage costs, costs for replacement\u00a0equipment and labour and costs in connection with recall\u00a0actions;<\/p><p data-start=\"294\" data-end=\"961\">b. damage to goods caused by or during the performance of the work to goods that are being worked on or to goods that are located in the vicinity of the place where the work is being carried out (opzichtschade);<br data-start=\"513\" data-end=\"516\" \/>c. damage to or caused by or with equipment provided to the contractor;<br data-start=\"591\" data-end=\"594\" \/>d. damage as a result of intent or wilful recklessness by the contractor\u2019s auxiliary staff or non-managerial subordinates;<br data-start=\"722\" data-end=\"725\" \/>e. damage to material supplied by or on behalf of the client, including as a result of improperly executed processing, assembly, mounting or installation.<br data-start=\"887\" data-end=\"890\" \/>The client may insure itself against these types of damage if possible.<\/p><p data-start=\"963\" data-end=\"1338\">12.5. The client indemnifies the contractor against all claims from third parties<br data-start=\"1048\" data-end=\"1051\" \/>resulting from a defect in a product supplied by the client to a third party and of which the products or materials supplied by the contractor form part. The client must compensate for all damage suffered by the contractor in this regard, including the full costs of legal defence.<\/p><p data-start=\"1340\" data-end=\"1562\">12.6. Any claim for damages by the client shall lapse after a period of twenty-four months from the date it arose unless the client has brought the claim before the competent court before the expiry of that period.<\/p><p data-start=\"1569\" data-end=\"1611\"><strong>Article 13: Guarantee and other claims<\/strong><\/p><p data-start=\"1613\" data-end=\"1833\">13.1. Unless otherwise agreed in writing, the contractor guarantees the proper execution of the agreed performance for a period of six months after delivery or completion, as detailed in the following paragraphs.<\/p><p data-start=\"1835\" data-end=\"2053\">13.2. If the parties have agreed to deviating guarantee conditions, the provisions of this article will remain in full force, unless and insofar as this is in conflict with those deviating guarantee conditions.<\/p><p data-start=\"2055\" data-end=\"2327\">13.3. The client must lend all cooperation free of charge to the investigation by or on behalf of the contractor of a complaint by the client about the performance carried out, failing which all rights of the client in connection with that complaint shall lapse.<\/p><p data-start=\"2329\" data-end=\"2534\">13.4. If the contractor has rejected a complaint about the performed service on good grounds, the client must reimburse all costs reasonably incurred in connection with investigating the complaint.<\/p><p data-start=\"2536\" data-end=\"2780\">13.5. If the agreed performance has not been properly executed, the contractor will choose whether to perform it properly, replace the delivered item in whole or in part, or credit the client for a reasonable part of the order amount.<\/p><p data-start=\"2782\" data-end=\"3207\">13.6. If the contractor chooses to properly perform the service or to replace the delivered item in whole or in part, the client will in all cases offer the contractor the opportunity to do so. The contractor determines the method and time of execution. If the agreed performance (also) included the processing of material provided by the client, the client must supply new material at its own expense and risk.<\/p><p data-start=\"3209\" data-end=\"3584\">13.7. Items to be repaired or replaced by the contractor must be sent to the contractor by the client. Transport, shipping, disassembly and assembly are at the expense and risk of the client. In addition, travel, accommodation and travel hours are for the account of the client. The contractor is authorised to require security or advance payment for these costs.<\/p><p data-start=\"3209\" data-end=\"3584\">13.8. The contractor is not required to implement the guarantee until the client has fulfilled all its obligations.<\/p><p data-start=\"3709\" data-end=\"4373\">13.9.<br data-start=\"3718\" data-end=\"3721\" \/>a. The guarantee does not cover defects that are the result of:<br data-start=\"3788\" data-end=\"3791\" \/>\u2013 normal wear and tear;<br data-start=\"3814\" data-end=\"3817\" \/>\u2013 improper use;<br data-start=\"3832\" data-end=\"3835\" \/>\u2013 lack of maintenance, or incorrectly performed maintenance;<br data-start=\"3895\" data-end=\"3898\" \/>\u2013 installation, assembly, disassembly, change or repair by the client or by third parties;<br data-start=\"3990\" data-end=\"3993\" \/>\u2013 defects in or unsuitability of items, materials or tools originating from, or prescribed by, the client.<br data-start=\"4101\" data-end=\"4104\" \/>b. No guarantee is given for:<br data-start=\"4137\" data-end=\"4140\" \/>\u2013 items delivered that were not new at the time of delivery;<br data-start=\"4200\" data-end=\"4203\" \/>\u2013 inspecting, repairing and overhauling items;<br data-start=\"4249\" data-end=\"4252\" \/>\u2013 items under manufacturer\u2019s warranty;<br data-start=\"4290\" data-end=\"4293\" \/>\u2013 items for which a guarantee has been granted to the client by third parties.<\/p><p data-start=\"4375\" data-end=\"4563\">13.10. The provisions of paragraphs 3 to 8 of this article apply by analogy to any of the client\u2019s claims based on breach of contract, non-conformity or any other basis whatsoever.<\/p><p data-start=\"4570\" data-end=\"4608\"><strong>Article 14: Obligation to complain<\/strong><\/p><p data-start=\"4610\" data-end=\"4851\">14.1. In any case, the client no longer has the right to invoke a defective performance if it has not complained to the contractor in writing within fourteen days after it discovered or should reasonably have discovered the defect.<\/p><p data-start=\"4853\" data-end=\"5185\">14.2. The client must have submitted complaints about the invoice with the contractor in writing and within the payment term, subject to forfeiture of all rights. If the payment term is longer than thirty days, the client must have submitted its complaint in writing within thirty days of the invoice date at the latest.<\/p><p data-start=\"5192\" data-end=\"5243\"><strong>Article 15: Failure to take possession of goods<\/strong><\/p><p data-start=\"5245\" data-end=\"5415\">15.1. The client is obliged to take actual possession of the goods that are the subject of the agreement at the agreed location at the end of the delivery period.<\/p><p data-start=\"5417\" data-end=\"5526\">15.2. The client must cooperate fully and free of charge to enable the contractor to deliver the goods.<\/p><p data-start=\"5528\" data-end=\"5616\">15.3. Goods not taken into possession are stored at the client\u2019s expense and risk.<\/p><p data-start=\"5618\" data-end=\"5947\">15.4. In the event of a breach of the provisions of paragraph 1 or 2 of this article, the client shall, after the contractor has given notice of default, owe the contractor a penalty of \u20ac 250 per day for each breach, with a maximum of \u20ac 25,000. This penalty can be claimed in addition to damages by virtue of the law.<\/p><p data-start=\"5954\" data-end=\"5977\"><strong>Article 16: Payment<\/strong><\/p><p data-start=\"5979\" data-end=\"6098\">16.1. Payment is made at the contractor\u2019s business address or into an account to be designated by the contractor.<\/p><p data-start=\"5979\" data-end=\"6098\">16.2. Unless otherwise agreed, payment is made within 30 days of the invoice date.<\/p><p data-start=\"6190\" data-end=\"6368\">16.3. If the client fails to fulfil its payment obligation, it is obliged to comply with a request from the contractor for a benefit in kind instead of the agreed amount.<\/p><p data-start=\"6370\" data-end=\"6654\">16.4. The client\u2019s right to offset its claims against the contractor or to suspend the fulfilment of its obligations is excluded unless the contractor has been granted a suspension of payments or is bankrupt or the statutory debt adjustment scheme applies to the contractor.<\/p><p data-start=\"6370\" data-end=\"6654\">16.5. Irrespective of whether the contractor has fully executed the agreed performance, everything that the client owes or will owe it under the agreement is immediately due and payable if:\u00a0<br data-start=\"6853\" data-end=\"6856\" \/>a. a payment term has been exceeded;<br data-start=\"6896\" data-end=\"6899\" \/>b. the client fails to fulfil its obligations under article 15;<br data-start=\"6966\" data-end=\"6969\" \/>c. the client has not provided security upon first request under Article 17 of these terms and conditions;<br data-start=\"7081\" data-end=\"7084\" \/>d. the client has filed for bankruptcy or suspension of payments;<br data-start=\"7153\" data-end=\"7156\" \/>e. attachment is levied on goods or claims of the client;<br data-start=\"7217\" data-end=\"7220\" \/>f. the client (company) is dissolved or wound up;<br data-start=\"7273\" data-end=\"7276\" \/>g. the client (a natural person) files an application to be admitted to the statutory debt adjustment scheme, is placed under a guardianship order or has passed away.<\/p><p data-start=\"7452\" data-end=\"8145\">16.6. In the event of late payment, the client shall owe interest on the amount payable to the contractor from the day following the day agreed as the final day for payment until and including the day on which the client makes payment. If the parties have not agreed on the final day of payment, the interest is due from 30 days after the sum has become due and payable. The interest is 12% per year but will be equal to the statutory interest if this is higher. For the interest calculation, a part of the month is considered to be a full month. At the end of each year, the amount on which the interest is calculated will be increased by the interest due for that year.<\/p><p data-start=\"8147\" data-end=\"8815\">16.7. The contractor is entitled to offset its debts to the client against claims that companies affiliated to the contractor have against the client. In addition, the contractor is entitled to offset its claims to the client against debts that companies affiliated to the contractor have against the client. Furthermore, the contractor is entitled to offset its debts to the client against claims on companies affiliated with the client. Affiliated companies are all companies that belong to the same group within the meaning of Section 2:24b of the Dutch Civil Code and a participation within the meaning of Section 2:24c of the Dutch Civil Code.<\/p><p data-start=\"8817\" data-end=\"9318\">16.8. In the event of late payments, the client owes the contractor all extrajudicial<br data-start=\"8906\" data-end=\"8909\" \/>costs with a minimum of \u20ac 75.<br data-start=\"8938\" data-end=\"8941\" \/>These costs are calculated on the principal amount based on the following table:<br data-start=\"9021\" data-end=\"9024\" \/>\u2013 on the first \u20ac 3,000 \u2192 15%<br data-start=\"9052\" data-end=\"9055\" \/>\u2013 on the excess up to \u20ac 6,000 \u2192 10%<br data-start=\"9090\" data-end=\"9093\" \/>\u2013 on the excess up to \u20ac 15,000 \u2192 8%<br data-start=\"9128\" data-end=\"9131\" \/>\u2013 on the excess up to \u20ac 60,000 \u2192 5%<br data-start=\"9166\" data-end=\"9169\" \/>\u2013 on the excess from \u20ac 60,000 or more \u2192 3%<br data-start=\"9211\" data-end=\"9214\" \/>The extrajudicial costs actually incurred are due if they are higher than the calculation given above.<\/p><p data-start=\"9320\" data-end=\"9490\">16.9. If the contractor is wholly or largely vindicated in legal proceedings, all costs incurred in connection with such proceedings shall be borne by the client.<\/p><p><strong>Article 17: Securities<\/strong><\/p><p>17.1. The client is obliged, at the contractor\u2019s first request, to provide sufficient security, to the contractor\u2019s satisfaction, for all payments that the client owes the contractor under the agreement. If the client does not comply within the specified period, it will be in default immediately. In that case, the contractor has the right to dissolve the agreement and recover its damages from the client.<\/p><p>17.2. The contractor remains the owner of delivered items as long as the client has not fulfilled its obligations under any agreement with the contractor, including claims such as damages, penalties, interest and costs.<\/p><p>17.3. If, after the goods have been delivered by the contractor to the client under the agreement, the client has fulfilled its obligations, the retention of title with respect to these goods shall revive if the client fails to fulfil its obligations under a subsequently concluded agreement.<\/p><p>17.4. As long as delivered goods are subject to retention of title, the client may not encumber or dispose of them outside the normal course of business. This clause has a proprietary effect.<\/p><p>17.5. After invoking its retention of title, the contractor is entitled to repossess the delivered goods. The client shall provide all necessary cooperation for this purpose.<\/p><p>17.6. In the event of a breach of the provisions of paragraph 5 of this article, the client shall, after being given notice of default by the contractor, owe the contractor a penalty of \u20ac250 per day per breach, up to a maximum of \u20ac25,000. This penalty may be claimed in addition to damages under the law.<\/p><p>17.7. The contractor has a right of pledge and a right of retention on all goods that it has or will have in its possession from the client, from whatever source, and for all claims it has or may have against the client.<\/p><p><strong>Article 18: Intellectual property rights<\/strong><\/p><p>18.1. The contractor is considered the maker, designer, creator or inventor of the works, models, signs or inventions created under the agreement. The contractor has the exclusive right to apply for a patent, trademark or design.<\/p><p>18.2. The contractor does not transfer any intellectual property rights to the client when executing the agreement.<\/p><p>18.3. If the performance to be delivered by the contractor consists (partly) of the supply of computer software, the source code will not be transferred to the client. The client only obtains, for the normal use and proper operation of the item, a non-exclusive, worldwide and perpetual user licence for the computer software.<\/p><p>18.4. The client is not permitted to transfer the licence or issue a sub-licence. This provision has a proprietary effect. Only upon resale of the item in connection with which the contractor has supplied the computer software, does the licence transfer to the acquirer of the item under the same conditions and restrictions as set out in this article, provided that the purchaser has accepted these conditions in writing.<\/p><p>18.5. The contractor is not liable for damages suffered by the client as a result of an infringement of third-party intellectual property rights.<\/p><p>18.6. The client indemnifies the contractor against any claim from third parties relating to an infringement of intellectual property rights.<\/p><p><strong>Article 19: Transfer of rights or obligations<\/strong><\/p><p>The client may not transfer or pledge rights or obligations under any article of these general terms and conditions or the underlying agreement(s) without the prior written consent of the contractor. This clause has a proprietary effect.<\/p><p><strong>Article 20: Termination or cancellation of the agreement<\/strong><\/p><p>20.1. The client is not entitled to terminate or cancel the agreement in whole or in part.<\/p><p>20.2. The contractor may agree to a request to terminate the agreement. In that case, the client owes a compensation of at least 20% of the agreed or estimated price. The contractor is entitled to demand a higher compensation or to set further conditions for its consent.<\/p><p><strong>Article 21: Applicable law and competent court<\/strong><\/p><p>21.1. Dutch law applies. The Vienna Sales Convention (C.I.S.G.) or any other international regulation which may be excluded, does not apply.<\/p><p>21.2. The Dutch civil court competent in the contractor\u2019s place of business has exclusive jurisdiction to hear disputes arising from or related to the agreement.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"","protected":false},"author":0,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-9694","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/pages\/9694","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/types\/page"}],"replies":[{"embeddable":true,"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/comments?post=9694"}],"version-history":[{"count":0,"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/pages\/9694\/revisions"}],"wp:attachment":[{"href":"https:\/\/postmarineheating.com\/fr\/wp-json\/wp\/v2\/media?parent=9694"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}