{"id":1204,"date":"2021-03-16T12:43:49","date_gmt":"2021-03-16T12:43:49","guid":{"rendered":"https:\/\/sgicompliance.nl\/?page_id=1204"},"modified":"2021-03-19T13:07:36","modified_gmt":"2021-03-19T13:07:36","slug":"terms-of-sale","status":"publish","type":"page","link":"https:\/\/sgicompliance.nl\/en\/terms-of-sale\/","title":{"rendered":"Terms of Sale"},"content":{"rendered":"\n
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GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF SGI COMPLIANCE<\/h1>\n\n\n\n

Registered with the Dutch Chamber of Commerce nr. 24348381<\/p>\n\n\n\n

1. Scope of application<\/strong><\/p>\n\n\n\n

1.1<\/strong> These general terms and conditions of sale and delivery (hereinafter the \u201cGeneral Terms\u201d) shall apply to all legal acts, such as but not limited to offers, quotes, requests for quotation, orders and agreements regarding the supply of goods (hereinafter the \u201cGoods\u201d) and the rendering of services (hereinafter the \u201cServices\u201d) by SGI Compliance BV, whether or not acting under any of the tradenames SGI Compliance, Kiwa Compliance Nederland, ArisQ or Shield Group Nederland (hereinafter \u201cSGI Compliance\u201d).<\/p>\n\n\n\n

1.2<\/strong> Goods delivered and Services performed shall in general pertain to and\/or consist of products, advice and consultancy with respect to compliance, prevention, supervision and case-, project- and risk management of (inhouse) environmental and health issues such as but not limited to handling of dangerous goods (e.g. asbestos and chroom-6), legionella and fire-safety.<\/p>\n\n\n\n

1.3<\/strong> Deviations from these General Terms shall only apply if SGI Compliance has confirmed such deviations in writing. Herewith, the applicability of the general terms and conditions of the contracting party (hereinafter the \u201cCustomer\u201d) is explicitly excluded.<\/p>\n\n\n\n

1.4<\/strong> In case of total or partial nullity or otherwise invalidity of one or more stipulations of these conditions, the other stipulations remain in force. Parties will draft a new provision in accordance with the spirit of these conditions.<\/p>\n\n\n\n

1.5<\/strong> No act or omission on the part of SGI Compliance in relation to these General Terms and\/or any agreement (including the tacit acceptance of any deviation) will result in or be interpreted as the permanent waiving or limitation of any right of SGI Compliance.<\/p>\n\n\n\n

1.6 <\/strong>These General Terms are drafted in English. In case a translation is made of these General Terms (e.g. in Dutch), the English version shall at all times prevail if and for as far permitted by applicable law.<\/p>\n\n\n\n

2. Offer and agreement<\/strong><\/p>\n\n\n\n

2.1<\/strong> Offers made by SGI Compliance are without engagement. An offer accepted by Customer can be withdrawn by SGI Compliance within 5 working days after acceptance and without costs.<\/p>\n\n\n\n

2.2<\/strong> These General Terms are specifically destined for use on the internet and SGI Compliance\u2019s webshop and web-based activities. Any and all communication between Parties that is web-based or by means of e-mail is legally binding.<\/p>\n\n\n\n

2.3<\/strong> An order placed by Customer through the website of SGI Compliance is only valid if the Customer has used the digital order form displayed on this website and has made the payment due using one of the offered digital payment schemes. Any agreement concluded in this manner is legally binding without any further written confirmation or signature being required.<\/p>\n\n\n\n

2.4<\/strong> Provided data and\/or samples, to the extent that no specific warranty is given, will be deemed informative and SGI Compliance may deviate therefrom.<\/p>\n\n\n\n

3. Prices, invoicing, terms of payment<\/strong><\/p>\n\n\n\n

3.1<\/strong> Unless agreed otherwise, prices are based on:<\/p>\n\n\n\n

  • delivery of Goods FCA (Free Carrier) SGI Compliance, (Incoterms latest version), whereby price for the Goods, packaging, taxes and costs for export clearance will be mentioned separately;<\/li>
  • performance of Services at SGI Compliance.<\/li><\/ul>\n\n\n\n

    3.2<\/strong> Prices are in euro and exclude VAT. Any use of a different currency is based on the exchange rate against euro applicable on order date. If at date of invoice this exchange rate deviates with 2.5 % or more, SGI Compliance is entitled to fix the contract price anew based on the then applicable exchange rate.<\/p>\n\n\n\n

    3.3<\/strong> Payment will be made by Customer at moment of placing the order on the website using one of the offered digital payment schemes. If an order is placed and the payment is not immediately made by Customer in full, such order is only accepted subject to Customer paying all amounts due within 5 days from date of order. If no payment is received within this term, the order is null and void and no agreement comes into force and effect.<\/p>\n\n\n\n

    3.4<\/strong> In the event the execution of SGI Compliance\u2019s obligations is delayed due to circumstances beyond its control, SGI Compliance is entitled to invoice the activities which have already been performed.<\/p>\n\n\n\n

    3.5<\/strong> An invoice is deemed accepted by Customer if it has not been rejected or no complaints have been made within 10 days after receipt. After such period Customer has no right to dispute the invoice or its correctness.<\/p>\n\n\n\n

    3.6<\/strong> SGI Compliance is entitled to settle any debt to the Customer or one of its group companies against any claim it may have on the Customer.<\/p>\n\n\n\n

    3.7<\/strong> In the event of non-payment or late payment, Customer shall be liable to pay to SGI Compliance an interest of 1% per month as well as an amount of 15% of the outstanding amount for collection costs with a minimum of EUR 150,-.<\/p>\n\n\n\n

    4. Delivery<\/strong><\/p>\n\n\n\n

    4.1<\/strong> Delivery of Goods will be in accordance with FCA (Free Carrier) SGI Compliance, (Incoterms latest edition) unless otherwise agreed. Partial delivery is permitted.<\/p>\n\n\n\n

    4.2<\/strong> On delivery of the Goods the Customer shall inspect the Goods and perform the common entrance and quality checks and controls. Any claim for damage or short delivery of Goods must be made within five business days from the date of delivery. In absence of the aforementioned, it is presumed the Goods have been delivered in pristine condition and according the agreement.<\/p>\n\n\n\n

    4.3<\/strong> The obligation to deliver Goods does not include the installation and commissioning of the Goods unless specifically agreed.<\/p>\n\n\n\n

    5. Performance of Services<\/strong><\/p>\n\n\n\n

    5.1<\/strong> Unless agreed otherwise, performance of Services shall be done at SGI Compliance.<\/p>\n\n\n\n

    5.2<\/strong> If it is agreed that Services will be performed at another location, the following shall apply:<\/p>\n\n\n\n

    a) the Customer is responsible for the accessibility of the premises to ensure that the Services can be executed without the need for any further provisions or facilities;<\/p>\n\n\n\n

    b) the Customer shall provide free of charge all necessary consumables and facilities such as but not limited to energy, water, air, tools, hoisting and cranage;<\/p>\n\n\n\n

    c) the Customer shall ensure that all preparatory activities are finished timely;<\/p>\n\n\n\n

    d) SGI Compliance is entitled to use third parties for the performance of its obligations;<\/p>\n\n\n\n

    e) the Customer shall ensure that the applicable governmental regulations and safety requirements, as well as other mandatory laws, are complied with;<\/p>\n\n\n\n

    f) the Customer shall ensure that at the start of and during the installation and commissioning the Goods are timely available in the right place.<\/p>\n\n\n\n

    5.3<\/strong> The Customer guarantees that SGI Compliance can perform all necessary activities in a continuous motion or way without disturbance or interference. In case the activities are interrupted or delayed due to causes outside SGI Compliance\u2019s control, the Customer is liable to SGI Compliance for all additional costs, including costs for (de)mobilisation. Any agreed completion date shall be extended.<\/p>\n\n\n\n

    5.4<\/strong> Completion shall take place if and when the Services are fully performed. The Customer has the right to inspect the Goods and\/or Services.<\/p>\n\n\n\n

    5.5<\/strong> Completion shall be documented in a completion certificate. Any observations and\/or comments shall be mentioned.<\/p>\n\n\n\n

    5.6<\/strong> Aspects or shortcomings of minor importance which do not hinder or prevent actual operation shall not prevent completion. Any such aspects or shortcomings shall be made good by SGI Compliance within a reasonable time.<\/p>\n\n\n\n

    6. Delivery and\/or Service performance dates<\/strong><\/p>\n\n\n\n

    6.1<\/strong> Delivery and\/or performance dates, terms or periods take effect immediately after written confirmation by SGI Compliance and fulfilment by Customer of all agreed conditions such as but not limited to advance payment.<\/p>\n\n\n\n

    6.2<\/strong> Any dates, terms or periods for the delivery of Goods or Services are best estimates and approximate only. No such dates, terms or periods shall constitute a fatal term. In no event time shall be of the essence of the agreement. <\/strong>SGI Compliance shall not be liable for late delivery.<\/p>\n\n\n\n

    6.3 <\/strong>Any dates, terms or periods for the delivery of Goods or Services will be extended if Customer does not timely meet its obligations.<\/p>\n\n\n\n

    7. Warranty<\/strong><\/p>\n\n\n\n

    7.1<\/strong> The applicable warranty period (hereinafter the \u201cWarranty Period\u201d) is 12 months from the moment of delivery of the Goods or performance of the Services.<\/p>\n\n\n\n

    7.2<\/strong> SGI Compliance warrants that full title to the Goods is delivered and the Goods are new, unused, in accordance with contractual specifications and, during the Guarantee Period, free from defects in material, workmanship and design. This warranty does not apply to defects wholly or partially caused by non-compliance with operational and\/or maintenance instructions, normal wear and tear and defects that could have been detected with common entrance and quality checks and controls.<\/p>\n\n\n\n

    7.3<\/strong> SGI Compliance warrants that all Services are performed in accordance with sound engineering practice and due diligence. Services are not warranted to have a specific outcome. This warranty is exclusive and in lieu of any implicit and\/or statutory guarantee. SGI Compliance does not guarantee, warrant or represent any particular performance of the Goods or outcome of the Services.<\/p>\n\n\n\n

    7.4 <\/strong>Software licensed, supplied and\/or made available by SGI Compliance is only warranted against defects that are substantial and prevent the actual use of the software and\/or the Goods according specification. Any and all warranty is excluded in case software is not maintained, not updated and\/or not used or stored on hardware not suitable or specified for such use or storage. In case of any defect, SGI Compliance shall diligently pursue a solution in joint consultation with Customer.<\/p>\n\n\n\n

    7.5<\/strong> In the event a default occurs within the Warranty Period that could not have been detected with common entrance and quality checks and controls, SGI Compliance is obliged to make good any such default by either, at its own discretion, repairing or replacing the Goods and\/or redoing the Services. This make good obligation is sole and exclusive, is in lieu of and excludes any implicit and\/or statutory warranty or guarantee and excludes any liability for further damages and\/or costs sustained by Customer as a consequence of such default in the Goods and\/or Services.<\/p>\n\n\n\n

    7.6<\/strong> Any and all complaints regarding defects and \/or not meeting a warranty, must be made to SGI Compliance in writing within the Warranty Period and as soon as possible after discovery of the defect however at all times not later than 14 days following the discovery of the defect. Any and all of Customer\u2019s rights to make good and\/or claim for damages is lost if the defect is not timely reported. If a claim is not accepted by SGI Compliance, legal actions must be started latest within 6 months after the defect giving cause for the liability has occurred or has been detected. If and when allowed under applicable law, any applicable statute of limitations is shortened to the above periods.<\/p>\n\n\n\n

    7.7<\/strong> If the access to the Goods is obstructed (e.g. because Goods are built in), the costs made in order to access the Goods are for account of the Customer.<\/p>\n\n\n\n

    7.8<\/strong> In the event the Customer is not the end user of the supplied Goods and\/or Services, the additional costs caused by the fact that the Goods and\/or Services are not situated at the Customer\u2019s location are for account of the Customer.<\/p>\n\n\n\n

    7.9<\/strong> If after investigation of reported defects, no defects are found, Customer shall be liable towards SGI Compliance for any and all inspection and other costs.<\/p>\n\n\n\n

    8. Dissolution, suspension and termination<\/strong><\/p>\n\n\n\n

    8.1<\/strong> If Customer is in default with the performance of its contractual obligations, SGI Compliance may, without prejudice to its other claims and rights, suspend further performance of its obligations for such time as it shall deem fit.<\/p>\n\n\n\n

    8.2<\/strong> In the event SGI Compliance has reasonable doubt regarding the payment capacity of the Customer, SGI Compliance is entitled to postpone performance of all its obligations until the Customer has provided sufficient security.<\/p>\n\n\n\n

    8.3<\/strong> In the event either Party does not meet its obligations within a reasonable period after being notified thereof in writing, the other Party is entitled to terminate the agreement without liability for damages.<\/p>\n\n\n\n

    8.4<\/strong> Either Party is entitled to suspend its performance of obligations or to terminate the agreement without any liability for damages in the event of withdrawal of operation, judicial settlement,<\/p>\n\n\n\n

    proceeding for the arrangement, adjustment or composition of debts,<\/p>\n\n\n\n

    liquidation and\/or bankruptcy of the other Party.<\/p>\n\n\n\n

    8.5<\/strong> In all of the above cases whereby SGI Compliance suspends its performance of obligations or terminates the contract because of Customer\u2019s default, Customer is liable towards SGI Compliance for all subsequent damages.<\/p>\n\n\n\n

    9. Liabilities<\/strong><\/p>\n\n\n\n

    9.1<\/strong> SGI Compliance shall only be liable for damages, payments, losses, costs, expenses and liabilities incurred by Customer as a result of a breach by SGI Compliance of its contractual or statutory obligations.<\/p>\n\n\n\n

    9.2<\/strong> Any and all liability of SGI Compliance whether in contract or at law ends at all times 12 months from delivery of Goods and\/or performance of Services.<\/p>\n\n\n\n

    9.3<\/strong> SGI Compliance\u2019s maximum liability arising out of or in connection with any contract, delivery of Goods and\/or performance of Services, whether in contract, tort or otherwise (including damages resulting from product liability) shall be limited, if and for as far legally possible, to the total order value or the actual payment (minus access) made under SGI Compliance\u2019s liability insurance, whichever is the lower.<\/p>\n\n\n\n

    9.4<\/strong> In no event shall SGI Compliance, if and for as far legally possible, be liable for any consequential, indirect, punitive or exemplary damages, including but not limited to loss of profit or turnover, downtime costs or claims from Customer\u2019s customers.<\/p>\n\n\n\n

    9.5 <\/strong>In no event shall SGI Compliance be liable for, and Customer shall indemnify SGI Compliance against, any alleged or actual infringement of intellectual property rights if the underlying works, documents, drawings and\/or designs were provided, prescribed and\/or advised by or on behalf of Customer.<\/p>\n\n\n\n

    9.6<\/strong> The above exclusions or limitations of liability apply not only in contract but also in tort or otherwise at law and shall apply notwithstanding any provisions to the contrary elsewhere in the contract.<\/p>\n\n\n\n

    9.7 <\/strong>Norights or remedies are conferred on any third party, other than the parties and their respective successors and permitted assigns.<\/p>\n\n\n\n

    10. Customer\u2019s warranty<\/strong><\/p>\n\n\n\n

    10.1<\/strong> Customer represents and warrants that it shall not export, sell or supply, directly or indirectly, the Goods, technology and\/or Services as supplied by SGI Compliance, to or destined for end-use by any natural person or legal entity:<\/p>\n\n\n\n

    • residing in a country that is targeted with export restrictions by national or international authorities (i.e. European Union, United Kingdom, United States of America and\/or United Nations), in particular Cuba, Iran, North Korea, Sudan, Syria and Crimea\/Sevastopol;<\/li>
    • that is listed as a sanctioned person by national or international authorities (i.e. European Union, United Kingdom, United States of America and\/or United Nations);<\/li><\/ul>\n\n\n\n

      unless a specific permit has been granted by the relevant authorities.<\/p>\n\n\n\n

      11. Data protection<\/strong><\/p>\n\n\n\n

      11.1<\/strong> Responsibility for the data processed by each Party shall rest solely with the processing Party. Each Party guarantees towards the other Party that the content, the use and\/or the processing of the data is not unlawful and does not infringe the rights of third parties. Especially, processing and protection of personal data shall be compliant with applicable laws and regulations, including but not limited to EU GDPR (General Data Protection Regulation).<\/p>\n\n\n\n

      11.2<\/strong> Each Party shall further guarantee that the use, storage and\/or processing of privileged information is confidential and handled in line with the applicable confidentiality and legal privilege rights and obligations.<\/p>\n\n\n\n

      12. Force majeure<\/strong><\/p>\n\n\n\n

      12.1<\/strong> Parties are not liable for a breach of agreement if this is due to force majeure.<\/p>\n\n\n\n

      12.2<\/strong> Force majeure shall mean any circumstance out of control of a Party \u2013 even if it was already foreseen at the time of signing the agreement \u2013 which prevents lasting or temporary fulfilment of any obligation, as well as, to the extent not already included, war, riots, strikes, lockouts, transport difficulties, fire, terrorism, pandemic (even if it has not been declared by WHO as a pandemic), bankruptcy of a supplier and\/or other serious business disruptions.<\/p>\n\n\n\n

      12.3<\/strong> In case of inability to perform the contract due to force majeure on the side of a Party, such a Party shall be entitled, without judicial intervention, to suspend the execution of the agreement for a maximum of 6 months, or to terminate the contract in whole or in part, without being obliged to pay any compensation to the other Party. However, if a part of the agreement and\/or obligation is already performed, Customer remains liable to pay the corresponding part of the contract price.<\/p>\n\n\n\n

      13. Confidentiality and intellectual property<\/strong><\/p>\n\n\n\n

      13.1<\/strong> Parties shall keep confidential, both during as well as after the performance of their obligations, all commercial and technical information and know-how, such as but not limited to information on products, prices, customers and suppliers (hereinafter \u201cConfidential Information\u201d).<\/p>\n\n\n\n

      13.2<\/strong> All intellectual property rights on the Goods and\/or Services used and or made by SGI Compliance, including without limitation all copyrights, database rights, rights in design, rights in know-how, patents and rights to inventions, information, content, materials, data or processes (in all cases whether registered or unregistered and including all rights to apply for registration thereof \u2013 hereinafter \u201cIntellectual Property\u201d) belongs to, shall remain and\/or shall become the property of SGI Compliance, whether or not any costs were paid by Customer for the production or provision thereof.<\/p>\n\n\n\n

      13.3<\/strong> All bearers of Intellectual Property and\/or Confidential Information, such as but not limited to reports, documents, designs and drawings (hereinafter the \u201cDocuments\u201d), shall remain or become the property of SGI Compliance and, without its explicit consent, may not be copied, shown to third parties or used in any other manner not in line and\/or consistent with the specified use. However, Customer is at all times allowed to use such Documents within the scope of its business and for the specified use.<\/p>\n\n\n\n

      13.4 <\/strong>SGI Compliance is entitled to use the Customer as a reference.<\/p>\n\n\n\n

      14. Consumer<\/strong><\/p>\n\n\n\n

      14.1<\/strong> If Customer is a consumer (as per the applicable legal definition) and an agreement is concluded through the website, Customer has a statutory retraction period of 14 days after final conclusion. Within this period, Customer may terminate the agreement in writing without cause and without giving any reason. Customer may use the standard retraction form published at SGI Compliance\u2019s website. If Customer makes use of this termination right the agreement shall be deemed to be null and void. Any Goods already delivered must be returned in accordance with SGI Compliance\u2019s return policy as published on SGI Compliance\u2019s website. Any and all return costs will be for account of Customer. Services already performed must be undone. All payments made will be returned. However, if any Goods are delivered and\/or Services are performed that by nature cannot be undone, Customer\u2019s right to terminate within this retraction period is excluded.<\/p>\n\n\n\n

      15. Applicable law \/ jurisdiction<\/strong><\/p>\n\n\n\n

      15.1<\/strong> These terms and conditions will be governed exclusively by and construed in accordance with the laws of the Netherlands without reference to its principles of conflicts of law.<\/p>\n\n\n\n

      15.2 <\/strong>Parties hereby irrevocably submit that all disputes will be subject to the exclusive jurisdiction of the Dutch civil court, district court of Rotterdam or, at either Party\u2019s choice, the Dutch civil court based on Customer\u2019s place of residency.<\/p>\n\n\n\n

      15.3<\/strong> The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG or Vienna Treaty) is excluded.<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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