General Terms and Conditions
Algemene Belangenvereniging voor het HondentoiletteerBedrijf ABHB
(Dutch Association of Interested Parties for Enterprises in Dog Grooming).
Filed at the Chamber of Commerce in Utrecht, the Netherlands, on 19/11/1993 under number 3588.
1. Applicability of the General Terms and Conditions
These General Terms and Conditions are applicable to all offers, communications and agreements. The present General Terms and Conditions shall prevail in case of contradiction over (general) terms and conditions of the customer or principal. All of this unless agreed otherwise in writing.
2. Offers and price statements
Offers, price statements etc. are entirely non-binding, as well as our communications concerning the execution of services. Price statements take place on the basis of the prices applicable at the time of the statement. Delivery of goods and services that have not been mentioned in the price statement, are charged separately. Increase of the stated price, in case of increase of the purchase price and other costs related to the service to be provided, shall be charged onward. If this takes place within three months after the conclusion of the agreement, then the customer/principal has the right to dissolve the agreement.
Agreements are binding at the moment that these have been concluded verbally or in writing.
4. Delivery of goods and services
The delivery of services takes place in the grooming salon. The animal to be treated will be brought and collected on the agreed day and time, unless agreed otherwise.
If it has been agreed that the animal will be collected or brought back, then it shall have to be ready for transport on the agreed time and place. Deviations from the appointments are for the account and risk of the customer/principal.
It can be required of the customer/principal that he provides surety for the compliance with his financial obligations. For as long as that surety has not been provided, the delivery of goods and services can be refused.
If the customer/principal, for whichever reason is negligent to comply with his obligations in this respect, then he is liable for all costs deriving there from directly or indirectly.
5. Force Majeure
In case of Force Majeure the execution of the agreement will be suspended for as long as the situation of the Force Majeure hinders the execution. If the Force Majeure lasts longer than fourteen days, there is a mutual authority to dissolve the agreement. In case of dissolution, the customer/principal is liable to payment of a compensation for performances already delivered. Under Force Majeure will be understood each fact or complex of facts, lying outside the control of the owner/holder of the grooming salon, that is of such a serious nature or scope, that compliance with the agreement reasonably cannot be expected anymore. Force Majeure is also present if the supplier, for whichever reason, is in default to deliver goods or services, which are necessary for the execution of the agreement. For possible damage the owner/holder of the grooming salon cannot be held liable.
The owner/holder of the grooming salon is not liable for any damage, in whichever form, as a consequence of causes not directly relating to his services. All liability is at all times limited to compensation of the costs brought into account by a vet. In case of non-repairable damage respectively loss of the animal, the owner/holder of the grooming salon is at most liable for the purchase value of the lost animal, except for stipulations of mandatory law.
Warranty does not go further than to the execution of a similar service and shall never be able to include more than executing again what was executed improperly.
Reclamations regarding a service provided by the owner/holder of the grooming salon are only valid provided that the owner/holder of the grooming salon has been notified within 48 hours of the complaint, and subsequently the customer/principal must present himself with the animal within 24 hours after notification of the complaint at the grooming salon.
Reclamations concerning delivered goods must be submitted no later than two months after delivery in writing to the owner/holder of the grooming salon.
Unless agreed otherwise, the delivery of goods and services takes place against cash payment upon delivery. Upon non-compliance with these conditions, the customer/principal is in default by law. In this case the return of the treated animal can be refused until the customer/principal has complied with his obligations to payment. Costs which derive from the keeping of the animal shall be entirely for the account of the customer/principal. Payment must also take place in case the customer/principal does not timely cancel the appointment. The following regulation hereby applies:
Upon cancellation longer than 48 hours before the agreed time, no payment is due;
Upon cancellation between 24 and 48 hours before the time of the appointment, 50% of the price applicable for the agreed service (according to the price list of the owner/holder of the grooming salon) is due;
Upon cancellation less than 24 hours before the agreed time, 100% of the price applicable for the agreed service (according to the price list of the owner/holder of the grooming salon) is due.
In case of non-timely payment, the owner/holder of the grooming salon is authorised to increase his claim with a delay interest of 1% per month, starting 30 days after delivery of the service. If he is required (after summation) to hand over the claim for collection, then both the in-court and the out-of-court collection costs, will come entirely for the account of the customer/principal. The out-of-court costs will be set at 15% of the amount to be collected, with a minimum of twenty-two Euro and seventy Eurocents, then one and the other without that prior summation or something similar is required.
The Laws of the Netherlands apply to agreements, concluded with the owner/holder of the grooming salon. The competent court is the court that the law appoints thereto.