general terms and conditions

These terms and conditions contain the following definitions:

a. IWD Taxaties en Inspecties BV: the user of these general terms and conditions, registered with the Chamber of Commerce in Den Bosch under number and hereinafter referred to as IWD.

b. Client: the natural or legal person who enters into an agreement with IWD and hereinafter referred to as the client.

c. Agreement: the agreement between the client and IWD.

a. These general terms and conditions apply to every assignment given to IWD, including every follow-up assignment or amended or additional assignment.

b. Any deviations from these general terms and conditions are only valid if agreed in writing or electronically.

c. Any terms and conditions of the client are excluded, unless these terms and conditions have been expressly agreed in advance.

a. All orders are deemed to have been given and accepted exclusively by IWD, even if it is the express or tacit intention that an order will be carried out by a specific person. The operation of article 7:404 of the Dutch Civil Code (BW), which provides a regulation for the latter, and the operation of article 7:407 paragraph 2 of the Dutch Civil Code, which establishes joint and several liability in the event that two or more persons have received an order, are completely excluded.

b. It is of course possible, after consultation between the client and IWD, to have an assignment carried out by a previously appointed IWD official.

c. Assignments include, but are not limited to, the following activities: – Advisory work

– Inspections
– Providing preventive advice – Valuations
– Value determinations

d. The reports may only be used for the purpose for which the order in question was issued. If they are used for other purposes, IWD cannot accept any liability for this.

e. The client shall provide all data and relevant documents necessary for the execution of the assignment.

f. The client is responsible for ensuring that the applicable articles of law and codes of conduct for Personal Data are complied with when providing the relevant data and documents. If damage occurs as a result, the client is obliged to compensate for this damage.

g. If IWD deems it necessary to terminate the assignment prematurely, it is free to do so. IWD will then consult with the client in advance.

h. In the event of interim termination by the client, IWD will charge the costs incurred by it up to that point.

a. If, during the execution of the assignment, an event unexpectedly occurs – including an omission – that leads to liability, liability will be limited to the amount or amounts for which IWD’s professional liability insurance provides cover, plus the deductible applicable to the relevant policy. If, through or in connection with the execution of an assignment or otherwise, damage is caused to persons or property for which IWD is liable, such liability will be limited to the amount or amounts for which IWD’s general business liability insurance provides cover.

b. If and to the extent that for whatever reason no payment is made under the insurance policies referred to under a, IWD’s liability is limited to a maximum of three times the fee charged by IWD in connection with the relevant assignment, with a maximum of € 10,000.00.

c. All claims on whatever grounds shall in any event lapse one year after the moment at which the data subject became aware or could reasonably have been aware of the existence of these rights.

1. The prices stated by IWD are in Euros and exclusive of VAT.
2. IWD must charge VAT for the services it provides.
3. Costs for the kilometers to be made by IWD are included in the price. Any additional travel and accommodation costs are not included in the price and will be charged separately.
4. Any social security contributions and taxes due will be paid by IWD.
5. All invoices must be paid by the client within 14 days of the invoice date.
6. If the client remains in default after a reminder, the judicial and extrajudicial costs of collection at the expense of the client. At that time, the client is also liable for the statutory interest.

a. The version of the general terms and conditions that applied at the time the agreement was concluded shall always apply, unless the client has accepted the validity of a revised version of the general terms and conditions after the agreement was concluded.

b. Parties shall first appeal to the court after they have made every effort to settle a dispute in consultation. The court in Den Bosch shall then have jurisdiction in the first instance to hear the dispute.

c. The legal relationship between the client and IWD is exclusively subject to Dutch law.

a. These terms and conditions (General Terms and Conditions IWD Taxaties en Inspecties BV 2020) have been filed with the Chamber of Commerce in Den Bosch under number and apply to all orders placed on or after 1 May 2020.