Terms and conditions
Article 1 - Definitions
The following terms are used in these terms and conditions:
DDC a trading name of Dutch Drone Company B.V.:
Address: Scheepsbouwweg 8-C1, 3089 JW in Rotterdam.
Chamber of Commerce number: 60393777
Client: The other party of Dutch Drone Company B.V.
Assignment: The work to be determined by the Dutch Drone Company B.V and the conditions under which this must be done, to be determined in mutual consultation between the Client and Dutch Drone Company B.V.
Article 2 - General
The terms and conditions apply to all offers, quotations, work activities, assignments and agreements between Dutch Drone Company B.V. and Client(s), unless Dutch Drone Company B.V. and Client(s) agree otherwise.
- These conditions also apply to agreements with Dutch Drone Company B.V. involving third parties.
- If one or more of the articles in these terms and conditions expire, the remaining articles of these terms and conditions will continue to apply. In that case, the parties will consult to agree on replacement articles, based on the purpose and scope of the original articles as far as possible.
Article 3 - Offers
- Offers from Dutch Drone Company B.V. are based on the information provided by the Client. Client guarantees that to the best of his knowledge he has provided all information essential for the design, execution and completion of the assignment.
- Dutch Drone Company B.V. is only bound by the offers if the acceptance thereof is confirmed in writing by both parties within thirty (30) days, unless indicated otherwise.
- The prices in the quotations mentioned are in euros unless otherwise indicated and exclusive of VAT. Other government charges and other costs incurred for the assignment, such as shipping and administration costs, are included.
- If the acceptance deviates (on subordinate points) from the offer, the assignment will not be concluded in accordance with this deviating acceptance, unless Dutch Drone Company B.V. states otherwise.
- A composite quotation does not oblige Dutch Drone Company B.V. to perform part of the assignment against a corresponding part of the stated price.
- Offers do not automatically apply to future assignments.
Article 4 - Provision of information and cooperation
- Client provides Dutch Drone Company B.V. in due time all documents, information and contacts that are necessary for the proper execution of the assignment. If the Client has not complied with this, Dutch Drone Company B.V. reserves the right to suspend the effectuation of the project or to terminate the agreement.
Article 5 - Effectuation of the project and third parties
- For accepted assignments, Dutch Drone Company B.V. has an effort obligation.
- Dutch Drone Company B.V. performs the work activities within the framework of the assignment, to the best of its knowledge, expertise and ability.
- Dutch Drone Company B.V. has the right to execute everything that is not explicitly described in an assignment agreement according to its own technical and creative insight.
- To the extent that a proper execution of the assignment is required, Dutch Drone Company B.V. has the right to (partly) outsource the work activities by third parties and will do its utmost to achieve the agreed obligations and quality.
- Dutch Drone Company B.V. accepts no liability for the work performed by third parties, insofar as they themselves have entered into an agreement with the Client.
- Dutch Drone Company B.V. is not liable for damage caused by the fact that he based himself on incorrect and / or incomplete data provided by the Client, unless the incorrectness or incompleteness of the data should have been known to him.
- If by Dutch Drone Company B.V. or by Dutch Drone Company B.V. contracted third parties, work activities take place at the Client's location or at a location designated by the Client for the assignment, the Client shall provide the facilities free of charge reasonably required by those employees.
- If due to weather delay the execution of the work activities by Dutch Drone Company B.V. cannot be carried out, any costs incurred will be on behalf of the Client. If the project is at such a location that it is not possible to demobilize, then Dutch Drone Company B.V. charge the Client a stand-by rate to be agreed upon for the weather-delayed and / or discontinuation of the investigation.
- Dutch Drone Company B.V. reserves the right to use other equipment than described in the offer, with an equivalent or better specification.
- The employees of Dutch Drone Company B.V. work in accordance with the guidelines of the ARBO legislation, aviation law and the company-wide VCA manual so that the safety of the employee during the work is guaranteed. In places where, in the opinion of the employees of Dutch Drone Company B.V. work activities cannot be performed safely, no work activities will be performed.
- Dutch Drone Company B.V. does not guarantee that the object(s) to be brought into view from the drone can be clearly and can be displayed without obstructions, due to the possible presence of obstacles when photographing objects or sites from the air (permits, not freely accessible surfaces, objects, plants, trees, structures, extreme weather conditions, limited visibility, other air traffic, etc.).
- Dutch Drone Company B.V. gives no guarantees about the satellite reception for the positioning of the drone and cameras if applicable.
- The interpretation of measurements by mechanical and / or manual techniques is carried out by Dutch Drone Company B.V. performed to the best of its knowledge and ability. Dutch Drone Company B.V. does not guarantee the accuracy of the interpretation of measurement results.
Article 6 - Change of assignment, additional work
- If interim changes occur in the performance of the assignment by the Client, Dutch Drone Company B.V. make the necessary adjustments on behalf of the Client. If this leads to additional work, he will charge this to the Client as an additional assignment.
Article 7 - Contract duration; execution time
- Parties enter into the assignment for an indefinite period of time, unless agreed otherwise in writing.
- If no delivery time has been agreed, this will be reasonably determined by Dutch Drone Company B.V.
Article 8 - Terms of payment
- Payment must be made within thirty (30) days after the invoice date, unless otherwise agreed.
- The Client will check the invoice from Dutch Drone Company B.V. for inaccuracies. If the Client has not rejected the invoice stating the relevant reasons in writing within ten (10) working days after the invoice date and has returned it to Dutch Drone Company B.V., the invoice in question will be considered binding between the parties and any right of the Client to claim will lapse.
- After the expiry date, the Client is legally in default and Dutch Drone Company B.V. has the right to charge the statutory interest. The costs of a reminder, exhortation and demand are € 100.00 each time and are for the account of the Client. The costs of extrajudicial collection are recovered from the Client.
- In the event of non-compliance with the obligations by the Client, all costs incurred to be able to claim are for the Client, both judicial and extrajudicial.
Article 9 - (Intellectual) property and copyrights
- All by Dutch Drone Company B.V. delivered goods, such as photos, designs, sketches, drawings, films, software and (electronic) files, remain the property of Dutch Drone Company B.V. until the Client has fulfilled all his obligations.
- The copyright on the photos and / or videos taken rests with Dutch Drone Company B.V.
- Dutch Drone Company B.V. reserves the rights and powers vested in the Copyright Act and other intellectual laws and regulations.
Article 10 - Complaints
- Complaints about the work performed must be reported in writing to Dutch Drone Company B.V. within two weeks after the invoice date and at the latest within three weeks after completion of the work concerned. The notice of default must contain a description as detailed as possible of the shortcoming, so that Dutch Drone Company B.V. can respond adequately to it.
- If a complaint is justified, Dutch Drone Company B.V. will perform the work activities still as agreed, unless this has demonstrably become meaningless.
Article 11 - Suspension and termination
- Dutch Drone Company B.V. is entitled to suspend fulfillment of obligations or to dissolve the agreement if the Client does not, not fully or not timely fulfill the obligations arising from the agreement. After concluding the agreement, Dutch Drone Company B.V. is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if circumstances come to light give good reason that the Client will not fulfill the obligations. If, at the conclusion of the agreement, the Client was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient, or if due to the delay on the part of the Client it can no longer be expected from Dutch Drone Company B.V. that he will comply with the agreement under the originally agreed conditions, Dutch Drone Company B.V. is authorized to suspend compliance with the obligations or to terminate the agreement.
- Furthermore, Dutch Drone Company B.V. is authorized to terminate the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible, or if circumstances otherwise arise that are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected of Dutch Drone Company B.V. If the agreement is dissolved, the claims of Dutch Drone Company B.V. are immediately due and payable to the Client. If Dutch Drone Company B.V. suspends compliance with the obligations, he retains his rights under the law and agreement.
- If Dutch Drone Company B.V. proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way.
- If the termination is attributable to the Client, Dutch Drone Company B.V. is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
- If the Client does not fulfill his obligations arising from the agreement and justifies this non-compliance dissolution, then Dutch Drone Company B.V. is entitled to terminate the agreement immediately and with immediate effect without any obligation on its part to pay any compensation, while the Client is obliged to pay compensation or compensation on the grounds of non-performance.
Article 12 - Liability
- Dutch Drone Company B.V. is not liable for damage of any nature whatsoever caused by incorrect and / or incomplete information provided by or on behalf of the Client.
- Dutch Drone Company B.V.is only liable for direct damage. Dutch Drone Company B.V. is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business stagnation.
- If Dutch Drone Company B.V. is liable for direct damage, then this liability is limited to a maximum of the total price of the quotation and in any case the amount paid by the insurer of Dutch Drone Company B.V. benefit to be provided where appropriate.
- The limitations of liability referred to in this Article do not apply if the damage is due to intent or gross negligence of Dutch Drone Company B.V. or his supervisor.
Article 13 - Confidentiality
- Both parties are obliged to keep confidential information that they have received for the assignment secret. Information is considered confidential if this is indicated by the other party or if this is apparent from the (type of) information.
Article 14 - Disputes and applicable law
- In the event of disputes arising from this agreement, the parties will in the first instance attempt to resolve them with the help of Mediation in accordance with the rules of the Netherlands Mediation Institute Foundation in Rotterdam.
- If it appears impossible to resolve such a dispute with the help of Mediation, the dispute will be settled by the competent court.
- Every assignment between Dutch Drone Company B.V. and the Client is governed by Dutch law. Even if an obligation is fully or partially fulfilled abroad or if the Client lives or is established abroad.