General terms of business of TruckScan. These conditions are filed at the Chamber of Commerce for Central Gelderland, Arnhem, the Netherlands.

 

 


Article 1. Scope and applicability

1.1          These conditions apply to all offers, contracts and agreements with, and service by TruckScan.

1.2          "The Client" is the natural or legal person with whom the contract for the services of TruckScan is completed.

1.3          Any terms and conditions of the client and the conditions of TruckScan derogation clauses, apply only if and insofar as they express and written by TruckScan are accepted.

1.4          The client whom contracted on these terms and conditions, shall be deemd to the applicability of these conditions on future contracts unless TruckScan has explicitly stated new terms of business.

 

Article 2. Offer and acceptance

2.1          All offers, bids, cost estimates and budgets of TruckScan are without engagement, even if they have a deadline for acceptance. The tenders are valid for 30 days, unless otherwise declared.

2.2          Bilateral agreements and changes therein for the contractor only binding if they are accepted by her writing.

2.3          Prices in those tenders are excluding VAT unless otherwise indicated.

2.4          The customer only pays a fee for the mediation when actually an intermediary of a vehicle takes place (No cure no pay).

2.5          Included in the prices of TruckScan are:

2.5.1       The use of car and driver, calculated on a 24-hour period.

2.5.2       A limited number of 500 kilometers.

2.6          Not included in the prices of TruckScan are:

2.6.1       Notwithstanding the provisions of Article 2.4. for each kilometer over 500 km an amount per kilometer will be charged.

2.6.2       Not included are costs for meals and overnight.

2.7          A composite quotation does not obliged TruckScan to carry out a portion of the assignment against a corresponding part of the specified price.

2.8          Offers and bids are not automatically for future assignments.

 

Article 3. Implementation and scope of the contract

3.1          TruckScan performs all duties with the care that can reasonably be expected, given the nature of the assignment, the haste which is offered by the client's data, and other facts and circumstances.    

3.2          If the client provides data to implement an assignment, TruckScan will assume the accuracy of this information unless the contract (also) relates to the verification of the information involved.

3.3          The offer is based on information provided by the client. The client warrants that he for the implementation of the contract has provided essential information. If the information required to properly perform a assignment, is not timely or incorrectly provided, TruckScan has the right to suspend and / or delay the assignment, also, additional costs as a result from the delays are charged to the client according to the usual rates.

3.4          TruckScan is not liable for damages of any kind, when TruckScan is misled by the clients incorrect and / or incomplete data. Unless this inaccuracy or incompleteness, in all reasonableness, should have been known by TruckScan.

3.5          Declared or agreed deadlines for the execution of the assignment are never fatal deadlines, unless otherwise agreed in writing.

3.6          If by TruckScan, ore by TruckScan hired third parties, work is done within the framework of the assignment, on the location of the client or on a by the client designated location, client will take care of these employees and their reasonably desired facilities.

3.7          Client indemnifies TruckScan for any claims by third parties, those related to the implementation of the agreement sustain damage attributable to client.

 

 

Article 4. Involvement of third parties

4.1          TruckScan can in the implementation of entities use the services of third parties. TruckScan will best be able to select, and remunerate third parties.

4.2          If TruckScan in the fulfillment of a commitment uses the help of third parties, TruckScan is not liable for their conduct. From TruckScan may be expected that they will carefully select any third party and, if reasonably possible, to consult with the client about the commitment of that third party.

 

 

Article 5. Reclamation

5.1          client, as to alleged deficiencies in services, as well as with regard to the contents of the bills, as soon as possible but in any case within 8 days after the client has discovered the flaw or should have discovered, or within 8 days after invoice, in writing and duly substantiated complaint.

5.2          If client responds later than under the in 5.1 referred times, his rights regarding an alleged failure of TruckScan elapsed.

 

Article 6. Liability

6.1          Client is responsible for the sale or purchase of used vehicles and / or heavy machinery. TruckScan is limited solely to facilitate the client in order to enable him to the sale or purchase of used vehicles and / or heavy equipment. The client is at all times liable for any errors or inaccuracies.

6.2          When a client makes a deposit in response to a selection of TruckScan, TruckScan can in no way be liable for any damage suffered.

6.3          TruckScan can be not be held responsible for the fact that a preselected item is no longer present at the selling party.

6.4          TruckScan commits itself to have motor vehicle passenger insurance for their clients during  transportation in the Netherlands.

6.5          Client indemnifies TruckScan and any by TruckScan assigned third parties for all claims of other  third parties associated with the contract. 

6.6          If TruckScan is liable, the liability is bounded as follows:

6.6.1       The liability of TruckScan is limited to the value of the agreed tender-offer.

6.6.2       The restrictions contained in these conditions do not apply if the damage is due to intentional or gross debt of TruckScan.

6.6.3       TruckScan is only liable for direct damage and never for indirect damages, including consequential loss, lost profits, lost savings and damage due to business stagnation.

6.7          Direct damage consists solely of the following:

               The reasonable costs incurred to establish the cause and extent of the damage, provided that the determination relates to damage within the meaning of these terms; Any reasonable costs incurred in bringing the poor performance of TruckScan to the agreement to meet, unless the poor performance is not accountable to TruckScan.

               Reasonable costs incurred to prevent or limit the damage, as far as client demonstrates that these costs have led to the limitation of direct damage as referred to in these terms and conditions.

 

Article 7. Early termination of the contract

7.1          The contract may prematurely be terminated by both parties in writing, if either Party considers that the work could not be implemented in accordance with the tender and / or the order confirmation. Withdrawal will only be undertaken when it is shown that the problems cannot be resolved.

7.2          If the agreement is terminated by the client, TruckScan is entitled to compensation if it can justify the existence of damage caused by capacity utilization loss, unless there are facts and circumstances underlying the termination which prove TruckScan responsible. Result is that sponsor is bound to pay the invoices for work done so far. The preliminary results of the work done so far will therefore under reserve be made available to client.

 

Article 8. suspension and dissolution

8.1          User is empowered to suspend its obligations or to dissolve the agreement if:

8.1.1       If the client does not fully complements his obligations as agreed upon in the tender.

8.1.2       after the conclusion of the agreement TruckScan learns of circumstances that give good reason to fear that the developer will not fulfill  the obligations. In case there is good reason to fear that the client only partially  or not properly complies to the commitment, is the suspension  is only allowed where the shortcoming warrants.

8.1.3       client at the conclusion of the agreement was requested security for the fulfillment of his obligations under the agreement and that security is not provided or is insufficient.

8.2          Furthermore TruckScan is empowered to dissolve the agreement if circumstances arise which may be such that compliance with the agreement is impossible or to standards of reasonableness and fairness may no longer be called or if other circumstances arise which may be such that the natural preservation of the agreement may not reasonably be expected.

8.3          If the agreement is dissolved, the claims of TruckScan  towards client are repayable on demand. If TruckScan suspends the fulfillment of his obligations his rights under the law and the agreement retain.

8.4          TruckScan always reserves the right to claim damages..

 

Article 9.  Changes to the agreement

9.1          If during the implementation of the agreement shows that for a  proper implementation modifying or supplementation is necessary in order to carry out work, the parties will timely and agreed modify the contract accordingly.

9.2          If the parties agree that the Agreement is amended or supplemented, the timing of completion of the execution can be affected. TruckScan will inform the client as soon as possible.

9.3          If the amendment or supplement to the agreement have financial and / or qualitative consequences, TruckScan will inform the client in advance.

9.4          If a fixed fee has been agreed TruckScan will indicate the extent to which the amendment or supplement to the agreement will result in an overrun of this fee. 

9.5          Notwithstanding paragraph 3 TruckScan will not charge extra if the amending or supplementing of the agreement is the result of circumstances that can be attributed to TruckScan.

 

Article 10. Payment

10.1        Invoicing of TruckScan to client immediately takes place through an itemized bill after client actually obtained a truck or heavy equipment  and the other activities have been carried out as agreed.

10.2        Client will comply the invoice directly through `pin` payment, credit card payment or cash payment.

10.3        In the event of liquidation, bankruptcy, seizure or suspension of payment of the client, debts of client towards TruckScan are  immediately due and payable.

 

Article 11. Force majeure

11.1        In these terms and conditions Force majeure is in addition to its law and jurisprudence, include any external causes, not foreseen, on which TruckScan has no influence and thus it is unable to meet its obligations. Workers strike within  the company of TruckScan are included.

11.2        If unforeseen circumstances arise, such that TruckScan reasonably cannot be demanded to perform the agreement unchanged, the agreement will be adjusted in consultation with the client.

11.3        If no agreement is reached on the adjustment of the contract, both the client and TruckScan can terminate the contract with immediate effect.

11.4        TruckScan also has the right to invoke force majeure, if a circumstance arises that that prevents compliance, after TruckScan should have been fulfilling its obligations.

11.5        Parties may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either of the parties are entitled to dissolve the agreement without any obligation for compensation for damage to the other party.

11.6        If TruckScan, at the time of the occurrence of force majeure, has its obligations under the agreement partially executed, or could execute, and the executed, respectively to be executed part, has independent value, TruckScan is entitled to declare the executed part separately. The client is obliged to treat this declaration as if it were a separate agreement.

 

Article 12. Disputes

12.1        The judge in the place of residency TruckScan shall have exclusive jurisdiction to hear disputes, unless the district judge has jurisdiction. Nevertheless TruckScan has the right to submit the dispute to the competent court under the law..

12.2        Parties will only appeal to the court after they have dedicated themselves to resolve the dispute among themselves.

 

Article 13.  applicable law

13.1        On any agreement between TruckScan and client Dutch law is applicable.

 

Article 14. Modification, reference and explanation of the conditions

14.1        These conditions have been filed at the office of the Chamber of Commerce in Arnhem, The Netherlands.

14.2        if there is an explanation of the content and scope of these terms and conditions, the Dutch text is the main determining factor..

14.3        the version that was lawful at the time of the conclusion of the agreement is always Applicable.

 

 

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