Commercial BREDA 20117150
1.1. All our offers, agreements and the execution thereof are governed exclusively by these terms. Deviations can only be agreed in writing with us.
1.2. Services: performance which Divigo Stables has undertaken, including the transport of horses and / or ponies, and membership which are or will be provided by Divigo Stables to the Client, or are intended to be supplied by Divigo Stables to Client, including under contract of assignment and the work performed by Divigo Stables for Client and / or will be made, or is intended to be performed.
1.3. Client natural or legal person orally, in writing or indicated otherwise does wish to make use of data offered by Divigo Stables Services.
1.4 The different conditions of the other party remain unaffected, as far as not in conflict with the present conditions. In that case our conditions always take precedence, even if priority is stipulated.
2.1. All offers made by us, in whatever form, are without obligation, unless explicitly stated otherwise.
2.2 Transmission of offers and / or (other) documentation
does not oblige us to accept an application.
2.3. All our offers, or verbal offers made can not have any rights.
3. REGISTRATION AND TRANSIT SERVICES
3.1. Subscriptions / services will only be deemed accepted by us to be, when we have received written confirmation unless other different (written) arrangements are made.
4. IMPLEMENTATION OF THE SERVICES
4.1 Divigo Stables will perform endeavor services with care. Services provided by Divigo Stables focuses explicitly only to Client Divigo Stables and not to third parties involved in the Client. Divigo Stables, however, does not guarantee the attainment of the Client intended result.
4.2. Divigo Stables does not guarantee the suitability of the use of the Services by the Client, except as expressly further agreed in the contract.
4.3. Client is obliged to provide all data and information requested by Divigo Stables. In addition, client account all other facts and circumstances which may be relevant for the proper implementation of providing the service to Divigo Stables.
4.4. Divigo Stables is authorized to charge a fee if client requests during course of service to adapt to them.
5.1. A contract is binding. Cancellation of service is possible at least three days before the execution. There are over 100 euros will be charged (this off any additional costs as mentioned in article 5.2) When we unfortunately canceled within three days before the services are obliged to declare all agreed costs.
5.2 when already incurred costs, related to the shipment made, these costs will be charged separately to the costs mentioned in 5.1 apply. (eg. booking boat, truck toll payment etc, etc)
5.3. If canceled during the contract due to circumstances that have nothing to do with the performance of Divigo Stables, the customer owes the full quoted / invoiced amount.
5.4. Cancellation of a contract which coincides with another customer in a combination assignment / combined transport, also owes the full quoted / invoiced amount.
5.5. Combined Transport should be paid immediately upon receipt of contract and invoice.
6. LIABILITY AND FORCE MAJEURE
6.1. We exclude all liability to the extent that is not regulated by law.
6.2. When we because of force majeure have to deviate from the agreed carriage date – and / or time, we can not be held liable for any resulting damages emerged as travel costs and hours not worked. Force majeure is defined here as any independent of our will, or unforeseeable circumstances, which we believe we are compelled by date, dates or time to depart, as foreclosure, get faulty equipment or illness.
6.3 Divigo Stables is not obliged to fulfill any obligation if they do so fully or partially prevented or bemoeilijkt is, whether temporarily, due to force majeure, being a circumstance which is not due to its debt verwijtbare. This also includes an as in the preceding sentence shall not verwijtbare shortcoming of suppliers Divigo Stables and / or third parties Divigo Stables for the implementation of the Agreement Enabling transportmoeilijkheden, fire, overheidsmaatregelen, which in any case and uitvoerverboden, quotas and operational breakdowns at Divigo Stables or its suppliers, involuntary failures or obstacles which performance of the contract more expensive and / or more difficult is, such as storm damage and / or other natural disasters, as well as culpable failure by its suppliers, thus its obligations to the other party (anymore) to fulfill.
6.4 In case of force majeure on the side of Divigo Stables its obligations are suspended. If the force majeure situation Divigo Stables has lasted longer than ninety days, the parties have the right to terminate the agreement by written notice. What has already been performed pursuant to the contract will be settled proportionately, without the parties are otherwise owed something together.
6.5 When a horse also can be, we will return to the half of the price is not loaded by us. When a horse is sick internally we will be € 20, = charge per day, this is for storage and care of the horse, not including veterinary costs, medication, or dietary / supplements. This provision also applies if there is a ban on movements or has taken place and when in the stall suffering from a contagious disease.
7. TERM AND TERMINATION OF MEMBERSHIP
7.1 If the contract relates to the periodic or otherwise regularly delivering services through Divigo Stables to the Client, the contract is concluded for one year, unless the parties expressly agree on a different time. Read for stabling ‘month’
7.2 An agreement between Divigo Stables and Client, which is for a definite period will tacitly be extended for a period of one year, unless either party terminates the agreement in writing, with due observance of a notice period of three calendar months prior to the end of the (extended) term contract.
7.3. Divigo Stables has the right to a commission contract prematurely terminate subject to a shorter notice period under obligation to a proportionate reduction in the price payable by the Client, insofar as it relates to the period after the date on which notice was given.
7.4. The parties will because of this contractual termination never be liable to pay any compensation.
8.1. Unless be met otherwise agreed, payment of the transport prior to the service or client will issue a single authorization in order to write off the invoice amount by us. Client must ensure sufficient bank balance. When reversal is € 10, – extra charged. Unless agreed by telephone or in writing, the amount to be paid into our account. Within 14 days after date of invoice must be credited the amount to our account.
8.2.De on our bank statement indicated value date is decisive and is therefore regarded as the date of payment.
8.3. All payments made by the other party are primarily for settlement of any interest and collection costs incurred by us and subsequently to settle the oldest outstanding invoices.
9. INTEREST AND COSTS
9.1. If payment is not made in the manner agreed, the other party is legally in default and from that moment an interest rate of 5.0% per month on the outstanding amount.
9.2. All judicial and extrajudicial costs borne by the other party. The judicial costs include all actual costs of legal – and process assistance made during court proceedings, which exceed the liquidation rate. The extrajudicial collection costs amount to at least 15% of it including the aforementioned interest amount owed by the other party.
10. GOVERNING LAW
10.1 All our offers, agreements and their implementation is exclusively governed by Dutch law.
11.1 All disputes, including those which are only regarded as such by one party, arising out of or related to the agreement to which these conditions apply or the relevant conditions themselves and their interpretation or implementation, both factual and legal nature, will be settled by the competent civil court within whose jurisdiction our place of residence, unless the judge is authorized.
12. SPECIAL PROVISIONS RELATING TO MEMBERSHIP and / or
12.1 Subject to the following conditions, an agreement with us only then realized after we have accepted an order in writing, confirmed respectively, the date of confirmation is decisive. The order confirmation is deemed to reflect the agreement correctly and completely, unless the other party has protested this immediately in writing.
13.1. Unless otherwise stated, our prices:
· Based on delivery from our company and there to return to.
· Based on services by our company;
· Excluding VAT and transport insurance, unless otherwise agreed in writing.
13.2. In case of increase of one or more cost price factors we are entitled accordingly to increase the membership fee; all this with due observance of any relevant existing laws, except that already must be given future price increases.
13.3. For the various services, we work with different rates. Rates provided through our website or on request, as well as separate conditions. Our pricing can not create any rights.
14. TRANSPORTATION / GENERAL RISK
14.1. The mode of transport, if no further instructions are given by the other party to us, determined by us as an expert. Unless otherwise agreed, the other party shall take any risk in these operations, including fault / negligence of the carrier.
14.2. Any specific wishes of the other party on transport will be performed only if the other party declares that it will bear the additional costs.
14.3 Yards of your horse (s) and / or pony (s) occurred also at your own risk. Divigo Stables will do everything possible to be able to guide take care to limit the animals in her profession. Client herein take every possible risk, including fault / negligence Divigo Stables.
Unless otherwise agreed in writing, payment in cash without discount or settlement prior to be made to the service, or by deposit or transfer to a bank account within 14 days that we identify invoice date, or by signing a single authorization which Divigo Stables may write off the invoice amount of client account. (Netherlands only) Client hereby shall ensure sufficient funds in his / her account. Upon reversal may Divigo Stables € 10, – extra charge. The date on our bank statements is decisive and is therefore regarded as payment. In case of overdue payment is made by us entitled to compensation of interest, judicial and extrajudicial costs.
Client only has the power to dissolve the agreement due to breach of Divigo Stables if Divigo Stables, after a proper and detailed written notice of default in which a reasonable time period for remedying the failure, attributable fails to meet essential obligations under the agreement and therefore would be liable under the contract.
At Divigo Stables may also read: Divigo Stables miniatures, Divigo Stables transportation and Divigo Stables miniatures and transportation.