Terms and conditions
Terms and Conditions
General Terms and Conditions of KOP BV, filed with the Chamber of Commerce in Apeldoorn under number 50802038
1. DEFINITIONS
1.1 User of these general terms and conditions: KOP BV
1.2 Client: any natural person or legal entity who has instructed KOP BV to perform work, including that person’s or entity’s representatives, authorised agents, and legal successors.
1.3 Work: all work that has been commissioned or that is otherwise carried out by KOP BV, in the broadest sense of the word and in any case including the work as stated in the quotation and all work that may be useful in connection with the assignment given. This work includes, but is not limited to, the commissioned production, delivery, transport, installation, and dismantling of stands, furniture, signage, presentation materials, the lending or rental of equipment, all in the broadest sense of the word, for companies, private individuals, and institutions.
1.4 Assignments: assignments may be given either verbally or in writing.
1.5 Documents: all items made available by the client to KOP BV and or all goods produced by KOP BV in the context of executing the assignment, including but not limited to documents and data carriers.
2. GENERAL
2.1 By filing these General Terms and Conditions with the Chamber of Commerce in Apeldoorn, all previous terms and conditions of KOP BV are cancelled.
2.2 These general terms and conditions apply to all agreements concluded, whether in writing or verbally, between KOP BV and the client. These conditions also apply to all agreements of KOP BV for the performance of which third parties must be involved. All assignments are carried out exclusively under the following conditions, unless expressly agreed otherwise and confirmed by KOP BV verbally or in writing.
2.3 The client acknowledges the applicability of these General Terms and Conditions by the mere fact of placing an order with KOP BV, of whatever nature, unless these conditions have been expressly rejected by the client in writing. A mere reference by the client to its own terms and conditions, or a standard clause on the client’s letterhead or in its own terms and conditions stating the exclusive applicability of those terms and conditions, is not sufficient for this purpose.
2.4 If deviating provisions have been agreed with regard to specific matters governed by these conditions, these General Terms and Conditions remain applicable to the remainder of the agreement. Agreed deviations shall never apply to more than one assignment, unless confirmed in writing each time.
3. QUOTATIONS
3.1 All offers are non binding unless expressly agreed otherwise. KOP BV shall only be bound after it has confirmed the assignment verbally or in writing.
3.2 In the case of composite quotations, there is no obligation to deliver part of the work for a corresponding part of the price quoted for the whole.
3.3 If a request is quoted on the basis of subsequent calculation, the quoted prices shall only serve as an estimate. The actual hours worked by KOP BV and the actual costs incurred by KOP BV shall be charged.
3.4 All prices stated by KOP BV are exclusive of VAT, unless expressly stated otherwise in the quotation.
3.5 Changes to stated prices are expressly reserved without prior notice. KOP BV shall therefore be entitled to pass on to the client any increases in wages, employer social security contributions, and increases in other rates that result in higher costs for KOP BV.
3.6 If the execution of an assignment for which a quotation has been requested is not awarded to KOP BV, the client is obliged to return the quotation, complete with all accompanying documents, carriage paid to KOP BV within eight days, failing which KOP BV has the right to charge all costs incurred in full.
3.7 If the price in a quotation for a stand is based on multiple placements, in whatever form, KOP BV shall be entitled to charge an additional 25 percent per project if the client does not fulfil this agreement within the agreed period.
4. ASSIGNMENTS
4.1 An assignment is binding on the client. KOP BV is only bound by an assignment after verbal or written confirmation of the assignment. If the client does not notify KOP BV of any objections within eight days after the verbal or written confirmation of the verbal or written assignment, the verbal or written assignment shall be deemed to accurately and completely reflect the agreement.
4.2 Changes in the execution of the assignment requested by the client after the assignment has been given must be communicated to KOP BV by the client in a timely manner and in writing. If they are communicated verbally or by telephone, the risk of implementing the change shall be borne by the client, unless such changes have been confirmed in writing by KOP BV.
4.3 The client shall ensure that KOP BV can have timely access to:
• all relevant information regarding the exhibition location
• set up and dismantling times
• all required prepared files for signage
• colour codes for the colours to be used
4.4 If the client cancels the assignment in whole or in part, the client shall owe KOP BV a cancellation fee according to the following scale, calculated over the total contract amount:
• 50 percent of the total contract amount for cancellation from the assignment date up to 10 weeks before the start of the exhibition
• 75 percent of the total contract amount for cancellation from 10 weeks up to 8 weeks before the start of the exhibition
• 90 percent of the total contract amount for cancellation from 8 weeks up to 2 weeks before the start of the exhibition
• 100 percent of the total contract amount for cancellation within 2 weeks before the start of the exhibition
The parties acknowledge that this scale constitutes a reasonable and predetermined compensation for the damage suffered by KOP BV in the event of cancellation.
4.5 Changes to the original assignment, of whatever nature, whether made in writing or verbally by or on behalf of the client, that result in higher costs than could have been anticipated at the time of the quotation or order confirmation, shall be charged additionally to the client.
4.6 Changes and or cancellations of assignments shall only bind KOP BV after written acceptance. If a cancellation has not been accepted in writing by KOP BV, the assignment shall remain fully in force and 100 percent of the contract amount shall remain payable.
4.7 Written assignments from the client must be accompanied by a clear description of the work to be carried out.
4.8 KOP BV reserves the right to carry out more work than stated in the written assignment or in the order confirmation and to charge the client accordingly, if such work is in the interest of the client and or necessary for the proper execution of the assignment. The client shall be informed of the execution of this additional work as soon as possible.
4.9 All assignments other than those entered into for an indefinite period shall end upon completion or at the time determined by the parties.
4.10 If an assignment for an indefinite period is terminated, either party must observe a notice period of at least three months by registered letter.
4.11 If and insofar as proper execution of the agreement requires this, KOP BV shall have the right to have certain work carried out by third parties.
4.12 The client is not permitted, either during the execution of the assignment or during a period of eighteen months after the end of the assignment, to enter into an employment agreement in any way with personnel deployed at the client by or on behalf of KOP BV, or with personnel and or third parties involved by or on behalf of KOP BV in the assignment for the client, on penalty of a non reducible fine of EUR 2,000 for each violation for each week that the violation continues.
4.13 If changes occur during the term of the assignment in, for example, wages and or other costs as a result of changes in the applicable collective labour agreement, or as a result of laws, decrees, and or government decisions, or if changes occur in the costs of raw materials, materials, and the like, a price adjustment shall take place, in principle in accordance with the maximum price adjustment permitted by written order of the Ministry of Economic Affairs. In the absence of such a price order, an adjustment shall take place in accordance with the representative report of the umbrella trade organisation.
4.14 Cancellation by the client shall not affect payment obligations that have already arisen. All invoices already sent by KOP BV and invoiced instalments shall remain fully payable and irrevocable, regardless of cancellation, suspension, or termination of the assignment.
5. DELIVERY AND EXECUTION OF THE ASSIGNMENT
5.1 In the event that data is supplied by the client, KOP BV shall not be liable, except in the case of fault or intent on the part of KOP BV to be proven by the client, for incompleteness of the data supplied.
5.2 Any partial delivery, including the delivery of parts of a composite assignment, may be invoiced, in which case that partial delivery shall be regarded as a separate transaction. In such a case, payment must be made in accordance with the provisions of Article 10.
5.3 Delay or hindrance shall not be at the expense of KOP BV unless caused by its fault, without prejudice to the provisions of Article 5.1.
5.4 An assignment shall be executed within the customary scheduled period. If an assignment must be accelerated, overtime and or other additional costs incurred may be charged. The client shall allow KOP BV a reasonable margin with regard to the execution period. The period shall only be regarded as irrevocable and final if the client has informed KOP BV in writing, at the time of giving the assignment, of the consequences of a delay and this has been confirmed in writing by KOP BV.
5.5 If the client fails to punctually fulfil any obligation arising from an agreement with KOP BV, or if during or after execution of an assignment it appears that the client has provided incorrect data or withheld data, KOP BV shall have the right to suspend fulfilment of all obligations towards the client and even to regard all agreements with the client as wholly or partially dissolved, without notice of default and or court intervention being required, without prejudice to its right to compensation. What the client owes to KOP BV shall become immediately due and payable.
5.6 KOP BV undertakes to perform the work entrusted to it to the best of its knowledge and ability, but accepts no liability whatsoever for failure to achieve the result intended by the client.
5.7 Force majeure shall mean any event and or circumstance which, despite all reasonable care, makes execution of the assignment by KOP BV or a third party engaged by it for the execution of the assignment impossible, such as but not limited to illness and or incapacity for work, war, mobilisation, riots, flooding, weather conditions such as storms and frost, terrorist attacks, closed shipping routes and other transport obstructions, stagnation in or restriction or cessation of deliveries by utility companies, fire, machine breakdown and other accidents, strikes, lockouts, actions by labour organisations which make production impossible, government measures, non delivery of necessary materials and semi finished products to KOP BV by third parties, and other unforeseen circumstances, including in the country of origin of materials and or semi finished products, which disrupt the normal course of business of KOP BV and delay or reasonably make impossible the execution of an assignment.
5.8 General travel warnings issued by private institutions or government authorities that assume certain risks for whatever reason shall not be considered force majeure. Force majeure shall only exist if an authority exercising sovereign power over the event or exhibition location cancels or prohibits the event or exhibition. Cancellation or postponement of an event or exhibition by an event organiser or exhibition organiser shall be equated with cancellation by a government authority.
5.9 If, before or during execution of an assignment accepted by KOP BV, it appears that due to circumstances unknown to KOP BV or due to force majeure the assignment cannot be carried out, KOP BV shall have the right to demand that the assignment be amended in such a way that execution becomes possible. The additional or reduced costs resulting from such an amendment shall be settled between the parties, without the client being able to derive any right to compensation for costs, damages, or interest on that basis, while the client shall be obliged to reimburse the work already carried out by KOP BV, even if such work proves to be useless.
5.10 If execution of an assignment accepted by KOP BV becomes impossible due to circumstances unknown to KOP BV or due to force majeure, and an amendment of the assignment such that it can still be carried out is not possible, KOP BV shall be released from carrying out the part of the assignment not yet executed at the moment the aforementioned circumstances or force majeure arose, without the client being able to derive any right to compensation for costs, damages, or interest on that basis, while the client shall remain obliged to reimburse the work already carried out by KOP BV, even if such work proves to be useless.
5.11 In the event of force majeure, KOP BV shall notify the client without delay.
5.12 If the client has in its custody materials or tools of KOP BV required for execution of the assignment, the client shall be responsible for those materials and tools. In the event of loss or damage, KOP BV shall have the right to charge the client accordingly.
5.13 KOP BV has its own means of transport, aerial work platforms, and forklifts. The starting point is to operate as mobile and efficient as possible on location. If it appears at exhibition venues that own equipment such as aerial work platforms and or forklifts are not permitted during set up and dismantling, loading and unloading of stand materials, or in the event of force majeure due to damage and or malfunctions, these costs shall subsequently be charged as additional work.
6. DELIVERY PERIOD
6.1 Periods agreed with KOP BV shall never be regarded by the client as strict deadlines, unless expressly agreed otherwise in writing.
6.2 If progress in the execution of the work is delayed due to the client or circumstances on the client’s side, the client shall be obliged to pay KOP BV proportionately for the part of the assignment already performed, as well as to reimburse KOP BV for all costs already incurred for the entire assignment.
7. COMPLAINTS AND GUARANTEES
7.1 Complaints are only possible in writing and within eight days after execution of the assignment. KOP BV shall not be liable for printing, writing, counting, and or clerical errors and or ambiguities in quotations, order confirmations, and or brochures, nor for the consequences thereof. In the event of any difference in interpretation of quotations, order confirmations, or brochures, KOP BV’s interpretation shall be binding.
7.2 Defects in part of the delivered goods do not give the right to reject the entire delivered performance.
7.3 KOP BV accepts no responsibility whatsoever for defects caused by or arising in the delivered goods through the fault or actions of the client or third parties, or through external causes.
7.4 KOP BV shall have no obligations other than those arising from this chapter. In particular, KOP BV shall under no circumstances be liable for direct or indirect business losses or other consequential damage which may arise from incorrect or untimely execution of the assignment.
7.5 A complaint regarding certain work or deliveries shall not suspend the client’s payment obligation with respect to that or any other work or deliveries.
7.6 Defects in a small quantity of delivered goods do not give the right to reject the entire batch. A small quantity shall be understood to mean a maximum of 5 percent of the total quantity.
7.8 The client shall never be entitled to demand dissolution of an agreement on the basis of complaints or defects.
7.9 Guarantees shall apply only insofar as expressly agreed in writing.
8. LIABILITY
8.1 KOP BV shall bear no liability whatsoever for any damage, however named and from whatever cause arising, other than as a result of intent or gross negligence to be proven by the client, and then only up to a maximum of the amount of the work already carried out by KOP BV.
8.2 KOP BV accepts no liability whatsoever for damage to and or theft of materials and resources of the client present on the exhibition grounds during set up, exhibition days, and dismantling.
8.3 KOP BV can never be held liable if work requested by the client is considered impossible after notification by KOP BV.
8.4 The client is obliged to indemnify and hold KOP BV harmless against all claims for damages brought against KOP BV by third parties in respect of damage caused by or in connection with the services provided by KOP BV.
8.5 Under no circumstances shall KOP BV be responsible for direct or indirect damage arising otherwise than as a result of intent or gross negligence, to be proven by the client.
8.6 KOP BV shall not be liable for consequential damage, such as loss of profit or reduced revenues of the client or of the client’s own customer.
8.7 Claims under KOP BV’s liability insurance are capped at a maximum of EUR 1,250,000.
9. RETENTION OF TITLE / COPYRIGHT
9.1 Ownership of the goods to be delivered shall not pass to the client, despite actual delivery, until the client has fulfilled all of the following obligations arising from all agreements concluded with KOP BV:
• the consideration for the goods delivered themselves
• the consideration in respect of services performed or to be performed by KOP BV under the agreement or agreements
• any claims arising from non performance by the client of any agreement or agreements
9.2 With regard to the goods referred to in paragraph 1 of this chapter, KOP BV shall, insofar as possible, also retain co ownership as security for all its outstanding claims against the client if such goods have been processed or otherwise removed from KOP BV’s ownership by any act of the client in the absence of payment.
9.3 The client is authorised, subject to revocation, to sell and deliver the delivered goods to third parties in the normal course of business, on the understanding that, at KOP BV’s first request, the client shall assign to KOP BV the claims obtained from such sales against its buyers. The client hereby grants KOP BV irrevocable power of attorney to collect the relevant claim or claims.
9.4 The client may not create any pledge rights of any nature whatsoever on the goods, nor may the client use the goods as security for any claim of a third party.
9.5 KOP BV shall at all times be entitled to retrieve or arrange retrieval of the delivered goods from the client or the holder thereof if the client fails to fulfil its obligations towards KOP BV. The client must cooperate in this regard, failing which a penalty of EUR 500 per day shall be payable for each day that the client remains in default.
9.6 KOP BV is permitted to take photographs of assignments, whether commissioned directly or by third parties, and to use such photographs for promotional purposes.
9.7 KOP BV retains the copyright in the designs, sketches, and calculations created by it, even if the client places an order on the basis thereof.
9.8 The client undertakes to use the delivered designs, documentation, drawings, sketches, and calculations solely for its own use and not to make them available to third parties in any way whatsoever, whether for consideration or free of charge, nor otherwise to act or omit to act in such a way that third parties can gain access to them.
9.9 Designs, models, drawings, methods, advice, and the like originating from KOP BV or shown on KOP BV’s website shall remain, both before, during, and after execution of the assignment, expressly and exclusively the inalienable property of KOP BV, regardless of the contribution of the client or third parties engaged in the creation thereof. The exercise of these rights, including publication or transfer of data, is expressly and exclusively reserved to KOP BV both during and after execution of the assignment.
9.10 All industrial and intellectual property rights such as copyright, with regard to designs, drawings, methods, software source codes, advice, and the like originating from or used by KOP BV, shall remain both during and after execution of the assignment expressly and exclusively the inalienable property of KOP BV, regardless of the contribution of the client or third parties engaged in the creation thereof. The exercise of these rights, including publication or transfer of data, is expressly and exclusively reserved to KOP BV both during and after execution of the assignment.
9.11 Unless expressly agreed otherwise, making available the source code of software and or the technical documentation created during the development of software shall not form part of the contractor’s obligations.
10. PAYMENTS
10.1 If execution of an assignment extends over a period longer than one month, or if in KOP BV’s opinion the amount involved justifies this, KOP BV may demand payment or advance payment or payment in instalments. KOP BV is entitled, irrespective of the agreed payment conditions, to require sufficient security for payment in advance or during execution of the assignment.
10.2 All payments must be made within thirty days of the invoice date, or by direct debit, net and without any deduction, in euros, unless otherwise agreed. In the case of invoicing, 2 percent credit interest shall be charged in advance on agreed instalment amount or amounts. The client accepts, in the event of exceeding the agreed payment term, the increase of the invoice or instalment amount.
10.3 If a longer credit period than thirty days after invoice date is allowed or is wrongly taken, the client shall owe commercial interest on the invoice amount at 1 percent per month or part of a month. If and insofar as the statutory interest is higher or lower than the percentage stated above, the statutory interest shall apply.
10.4 All costs, both judicial and extrajudicial, which KOP BV must incur to enforce its rights, shall be borne by the client. These costs shall amount to at least 15 percent of the amount concerned, with a minimum of EUR 125.
10.5 If the client has the assignment executed by KOP BV as a subcontractor, the client shall, at KOP BV’s first request, assign to KOP BV the claim or claims it has obtained from this transaction against third parties. The client hereby grants KOP BV irrevocable power of attorney to collect the relevant claim or claims.
10.6 Notwithstanding the provisions regarding the payment term in paragraph 2 of this article, KOP BV shall have the right to demand cash payment, or to require that the client provides security for payment, or pays in advance a part of the agreed price to be determined by KOP BV.
10.7 A complaint regarding certain work shall not suspend the client’s payment obligation with respect to that work or any other work.
10.8 Instalment payment: the structure of the instalment invoice shall be based on a verbal or written agreement. If instalment payments have been agreed between the parties, each instalment must be paid no later than thirty days after KOP BV has sent the relevant instalment invoice to the client in accordance with the agreement. If the client fails to pay an instalment, KOP BV shall be entitled to suspend the relevant work until the overdue instalment has been paid, provided that KOP BV has given the client written notice of default and seven days have elapsed after the date of such notice. The foregoing shall not affect KOP BV’s right to reimbursement of costs and damages under Articles 10.3 and 10.4 of these General Terms and Conditions.
11. ADDITIONAL CONDITIONS
KOP BV shall remunerate its personnel in accordance with the applicable collective labour agreement provisions. It shall make all deductions and payments for payroll tax, social insurance premiums, old age pension contributions, and the like. KOP BV indemnifies the client against all claims in this regard.
11.1 KOP BV can never be held liable for the quality of supplied facilities, means, or materials such as water, electricity, gas, guy wires, or any other items provided by exhibition organisers or third parties, even when these are supplied on behalf of or arranged by KOP BV.
11.2 Transport, storage, and transport insurance of goods belonging to and commissioned by the client shall be at the client’s risk insofar as arranged by KOP BV. Theft or damage, from whatever cause, shall never fall under KOP BV’s liability.
12. RENTAL SUBJECT OF THE AGREEMENT
12.1 In the individual rental agreement, of which these conditions form a part, KOP BV undertakes towards the lessee to rent out the specifically described object, hereinafter referred to as the rented item, and the lessee undertakes to accept the rented item on lease. KOP BV shall ensure that the rented item complies with any applicable statutory provisions.
12.2 The rental price shall be calculated per project or otherwise as indicated in writing.
12.3 The lessor reserves the right to change the agreed rental price unilaterally. The lessor shall notify the lessee of this in writing. If the lessee does not agree to the change, the lessee must notify this within 48 hours after receipt of the notice of the rental price change. If timely notice from the lessee is not given, the lessee shall be deemed to have agreed to the rental price change.
12.4 The lessee shall also bear all duties or taxes levied in respect of or in connection with the rental agreement, including but not limited to municipal charges and permit fees.
12.5 In addition to the rental price, the lessee shall also bear the costs of tolls, transport, and installation of the rented item, including the costs of any cranes, forklifts, and other equipment required for such transport and or installation. Where applicable, Articles 12.20 to 12.23 of these conditions shall apply to the costs referred to in this paragraph.
DURATION OF THE RENTAL AGREEMENT
12.6 The rental period shall commence on the day the equipment leaves the lessor’s premises and shall end on the day it is returned to the lessor’s premises.
12.7 The minimum rental period is one day.
12.8 Delays occurring during loading, unloading, and transport outside the fault of the lessor, as well as repair time resulting from negligence on the part of the lessee, shall also be included in the rental period. Costs arising from this shall be borne by the client.
DELIVERY
12.9 The lessee is obliged to provide the lessor in a timely manner with the necessary transport and delivery instructions. At the delivery address, the lessee must ensure sufficient unloading facilities. In general, the lessee shall do everything possible to ensure that the equipment can be accepted immediately upon arrival. If the lessee fails to fulfil its obligations referred to in this paragraph properly and in time, and delay occurs as a result, this shall be regarded as a delay within the meaning of Article 12.9.
12.10 The lessee has the right to inspect the equipment or have it inspected before transport. If the lessee does not make use of this right, the lessee shall be deemed to have received the equipment in good condition and ready for use.
12.11 The lessee is obliged to keep and maintain the rented item in good condition during the rental period.
12.12 The lessee is not permitted to make changes to or on the rented item other than with the lessor’s prior written consent. The costs of changes or adaptations made after such consent shall be borne by the lessee. The lessee may not claim any reimbursement of those costs or any increase in value of the rented item resulting from the change and or adaptation. At the end of the rental agreement, the lessor shall decide whether it wishes the changes and or adaptations made by the lessee to be removed or whether it does not object to them remaining. In the first case, the lessee must restore the rented item to the condition in which it was at the start of the rental. The related costs shall be borne by the lessee.
12.13 Defects in the equipment as well as damage or loss must be reported to the lessor immediately in writing, stating all relevant details. All costs arising from this shall be borne by the lessee.
12.14 Repair of damage may only be carried out by KOP BV. All resulting costs shall be borne by the lessee.
12.15 KOP BV is entitled during the rental period to inspect the condition of the rented item and the manner in which it is being used. The lessee must ensure that the lessor or its authorised representative is granted access to the rented item.
RETURN
12.16 At the end of the rental period, the lessee is obliged to return the rented item cleaned, free of stickers, and in good condition, including the supplied keys.
12.17 The lessee has the right to be present at the return and subsequent inspection. Any costs of missing parts, cleaning, and repair required to restore the rented item to the condition in which it was received by the lessee shall be borne by the lessee.
TRANSPORT
12.18 Transport of the rented item, where applicable, shall be carried out by or on behalf of the lessor, unless expressly agreed otherwise in writing.
12.19 Any delay caused by the lessee, such as waiting time, shall be borne by the lessee. These shall be charged as additional transport costs unless agreed otherwise.
12.20 Transport costs shall always be agreed in advance. Any crane costs shall always be borne by the lessee unless agreed otherwise.
OWNERSHIP OF THE RENTED ITEM
12.21 The rented item shall at all times remain the property of the lessor. The lessee is not permitted to grant any right in the rented item to third parties. The lessee is also not permitted to re rent, sublet, or make the rented item available to third parties, whether for payment or otherwise.
12.22 In the event of seizure of the rented item, including tax attachment, or if there is well founded fear that this will occur, the lessee must notify the lessor immediately. The lessee must also immediately inform the party effecting the seizure that the rented item is the property of the lessor.
12.23 The lessee is prohibited from disposing of the rented item other than as holder for the lessor and must at all times prevent third parties from being led to expect or assume that the lessee is authorised to further dispose of the rented item.
12.24 The rental agreement shall be dissolved with immediate effect, or deemed terminated, without any notice of default or summons being required, by the mere fact that the lessee is declared bankrupt, granted suspension of payments, placed under guardianship or administration, offers an extrajudicial composition to creditors, becomes subject to tax attachment, or otherwise loses control over his or her assets.
13. DISPUTES
13.1 A dispute shall exist as soon as one of the parties declares that this is the case.
13.2 All agreements and transactions between KOP BV and the client shall be governed exclusively by Dutch law.
13.3 All disputes, however described, shall be submitted to the competent Dutch court, to the exclusion of all other arbitral, advisory, and judicial bodies.
14. FINAL PROVISION
14.1 In all cases not provided for in these General Terms and Conditions, the decision shall rest exclusively with KOP BV.
IN EXHIBITIONS
Address
Riezebosweg 7
8171 MG Vaassen
The Netherlands
Telephone
+31 (0)55 5336481
Email
info@kopexpo.com
Website
www.kopexpo.com
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