BBP Light bv

GENERAL TERMS AND CONDITIONS

of the company with limited liability BBP Light bv,
registered office in Amsterdam at the Abberdaan 194.

Article 1 Definitions

In these conditions the following terms are used in the sense given below, unless explicitly indicated otherwise.

User: user of the terms and conditions: BBPP Light bv.

Buyer: the user's opposite party.

Agreement: the agreement for purchase / sale.

Material: equipment and installations

Work: location visits, discussions, studies, calculations, budgets and work- and construction drawings.

Article 2 General

1.             The present conditions apply to each quote and agreement between user and a buyer to which user has declared the present terms and conditions applicable, insofar from these conditions not by parties expressly and in writing is deviated.

2.             These conditions also apply to all agreements of user with a buyer for the implementation of which third parties should be enabled.

3.             Any deviations from these general conditions are valid only if these are agreed explicitly in writing.

4.             The applicability of any purchase- or other conditions of buyer are expressly disclaimed.

5.             All orders will, of whatever nature, be executed to the best of knowledge by user.

6.             If one or more provisions in these conditions are void or may be voided, the remaining provisions of these conditions apply in full. User and buyer will then discuss (a) new clause(s) to replace the invalid or voided provision(s) to be agreed, with which the purpose and intent of the original provision(s) to be respected as much as possible.

7.             Unless otherwise stated these general conditions apply for both rental and sales by user on lighting and installation work and all further supplies or services by or on behalf of user.

8.             The hirer or buyer or whoever exposure and/or tender or the person in whose installation work the delivery or service is command, hereinafter called the principal.

9.             In no terms, agreements or arrangements derogate, which of these general conditions, can be invoked by client, if these are confirmed in writing by user.

Article 3 Prices

1.             All prices are excl. VAT, unless other contents, net., in euros and apply to activities or deliveries or off to Amsterdam, episodes and/or unless otherwise agreed.

2.             If prices in foreign currency are listed, the equivalent amount of euros, if it is listed, only approximate.

3.             Approximate quotations made no fundamental differences with give to dissolution, cancellation or compensation.

Article 4 Payment

1.             Payment must be made within 14 days after the invoice date, to give way to a user in the currency in which has been invoiced. Objections against the height of the invoices do not suspend the payment obligation.

2.             When paying in the shorter term, however, by user, onverplicht, a reduction can be allowed.

3.             When the client no later than 8 days after receipt of the invoice no written objections he is deemed to have approved the invoice.

4.             For the posting of the goods, shall, where this is stated under the terms, pay a deposit or a part of the agreed sum required.

5.             During the term of the agreement may increase the security deposit or other security for the fulfilment of the payment obligations, be required even when credit is agreed upon for longer than the term of payment.

6.             If buyer fails to fulfil his payment obligation within the term of 14 days, then buyer of law in default. Buyer is then an interest of 1% per month, unless the statutory interest rate or the legal commercial interest rates higher in which case the legal interest or the legal commercial interest applies. The interest on the exigible amount will be calculated from the moment that purchaser is in default until the moment of payment of the full amount.

7.             In the event of liquidation, bankruptcy, seizure or postponement of payment of copper user's claims against buyer immediately due and payable. Then user shall be entitled for the hitherto delivered goods or for expenses, loss of hours including, sending an invoice to the buyer. User is then never be liable and/or begetting any obligation towards the purchaser.

8.             User has the right payments made by purchaser to stretch in the first place then to reduce the costs, deducted from the interest still due and finally to reduce the principal sum and the current interest, also as a buyer a different order of countability. User can full repayment of principal refuse if not also the open cases and accrued interest and the costs to be met.

9.             Payments of goods intended for export shall be received by user before delivery can be made.

10.           User reserves the right to change orders, which are performed in portions per part-delivery Bill.

11.           By extension of the contract (extra work, anticipated production etc.) or contraction of the command, the reduction of the agreed work, (such as shorter production time, less work, etc.) is a user considers equitable increase or decrease of the agreed amount is calculated.

Article 5 collection costs

1.             If the purchaser is in default or is in default in the (premature) fulfilment of his obligations, all reasonable costs for extrajudicial borne by the buyer. In any case, buyer in the case of a monetary claim collection fees due. The collection costs shall be calculated in accordance with the report Of the scheme applicable in Tractate or the place will come.

2.             If user has created higher costs than would be due in accordance with paragraph 1 and which were reasonably necessary, then these costs are also borne by the buyer.

3.             The possible made reasonable judicial and execution costs are also borne by the buyer.

Article 6 Deals

1.             All offers, including specified times of posting or activities are always without obligation; all offers are furthermore based on the data provided by the client for the application and possibly the measurements made by user.

2.             Designing for flow and to place lighting installations, contents of strengths, and mention of lighting and other electrical material by user, apply only approximate and all subject to the side of user who is not liable for any differences, while no cancellations or damages on the basis of differences can be done, respectively requested.

3.             User accepts no responsibility by doing the listing for a designed by the client installation or not user submitted materials used by him or his case also called the materials originate from user, for the use thereof by the principal or the consequences of such use.

4.             All listings are done by user, under the condition that prices and/or conditions may be amended at any time by user. User commits himself of any such changes to the originator to do timely indication. An agreement or portion thereof will not realities against the changed price and/or conditions by user will be subject to the right of the client to such a modification not implemented commands or portion thereof within eight days after the date of notification of change to cancel.

5.             Taxes such as sales tax and/or other taxes on the supply or service printing in any case for the account of the client.

Article 7 Risk and liability

1.             User keeps, maintains and delivers equipment and material in the best possible state. Return to this material is cleaned and checked immediately came and repaired if necessary in order to provide the best possible service patrons. Nevertheless errors and failures, which can affect the intended use of the material. user can however not be liable therefor, subject to timely advertising as hereinafter mentioned in paragraph 2. In the event of timely advertising referred user will not only obliged to recovery and to replace material or parts thereof and in no case for compensation for any damage.

2.             By receipt of the material made available by the originator, subject them to certify user advertising, material within 8 days written votes, to have received.

3.             The client bears the risk for and is liable for the material that is made by user at his disposal. In case the client is obliged to return of that material, for example in case of rental, he is obliged to give that material in the same good condition as this when receiving wrong to give back and all damaged or missing materials or components from there to compensate, who is also the cause of the damage or the absence will be.

4.             Would be made available during the use of the material which fail either under warranty or under rent on behalf of user should be restored immediately should be communicated to user who will seek to resolve the outage as soon as possible.

5.             user is neither against nor principal liable vis-à-vis third parties pursuant to mishandling or incorrect use of the material at the disposal of the principal asked either by the client himself or persons designated by him or by third parties.

6.             Nor is liable pursuant to user errors in the material itself, not by virtue of not fully or not timely fulfilment of his obligations due to force majeure.

7.             For the case where by mishandling or improper use of user materials by or on behalf of sponsor of own equipment or materials or of the principal, damage by user or third parties arises, the sponsor is responsible to user. Client indemnifies user for all claims by third parties relating thereto.

8.             Where the command is executed according to drawings, models etc. or instructions of the sponsor in this State against user ensure that in implementing the command by user no brand, patent, utility model or trade, copyright or any other right of third parties, and shall indemnify the principal user of third parties in respect of each claim.

9.             The originator is obliged for his own account the risks and liabilities towards user dependent on him coming to insure and keep insured.

Article 8 force majeure and cancellations

1.             Be regarded as force majeure not only all facts which temporary or permanently prevent the execution of the agreement and which are not attributable to user and in any case, also cases of strike, fire, flood, Frost, exclusion, lack of transport, government regulations, refusal of import permit or authorisation by the Government, foreign exchange, mobilization, war, riot, blockade, a State of siege late or defective delivery of business disorder, material or raw or auxiliary materials, accident, illness, intent or negligence of staff and adverse weather conditions, whether these circumstances occur at user or its suppliers.

2.             If force majeure with regard to travel and/or transport shall in any case considered fog, smoothness, and other weather conditions, which impede traffic, as well as road accidents, even though should this have been effected by own cause.

3.             When the contract not governed by force majeure as planned, or can be run without interruption, the resulting cost user shall be entitled to charge to the originator. Changes in the original contract with fair will be calculated.

4.             If during the execution of the contract shows of force majeure circumstances or to user not known, making the work then not changed or not at all can be performed, to claim that the user has the right command is amended, that the command becomes possible, or when the command can be run, payment will never recover from the part of the contract already performed, as well as reimbursement of incurred costs.

5.             Each partial command including means one or more components of a composite command is in partial non-performance otherwise than by force majeure, however, calculated in proportion to the exported portions.

6.             Cannot be unilaterally cancelled by the client. A cancellation is therefore valid only if and insofar as this has been accepted by user.

7.             In case of cancellation of an order by the client is obliged to refund all the time that was spent on the preparation, all charges made for the fulfilment of the command were created, the reservation of materials as well as damage caused by the cancellation or a demonstrable loss suffered.

8.             user has, with preservation of its rights as referred to in article 3, paragraph 8, the right to cancel or immediate termination of the contract, if it considers such a circumstance occurs that her rights regarding the material made available by user be disadvantaged or at risk, as well as in the event the sponsor one or more of these terms and conditions or fails to breach herewith.

9.             In such cases, including the case where the client is declared bankrupt, dies, suspension of payment requested, or that the material or any part thereof or made available on any part of the assets of the client user is responsible that material confiscated, if necessary, using the strong arm, immediately and without any prior warning or notice to get awayspot, where this is located, and which shall at all times have access to the place or places where this is located.

Article 9 retention of title

1.             Material that is purchased by client-other than consumed material-is, until fully paid, ownership to user reserved.

2.             To the extent third-party user is purchased through the ownership of material to third parties remain reserved until fully paid.

3.             Samples, photographs, drawings, diagrams, models, models and tools etc. remain our property and may not be copied or made available to third parties, even if they have been wholly or partially paid by the sponsor.

Article 10 transportation and storage, travel and subsistence expenses

1.             Therefore, for installation activities are transport costs for account of the principal, both with own transport by user as in the case of transport by third parties.

Under transport costs are understood: the Collins, a certain amount per kilometer and the drive back.

In any case, if minimum transport costs is 25 kilometers will be charged.

Storage costs are also borne by hirer. All these costs are calculated separately to the originator.

2.             Travel and subsistence costs, which user deems necessary in connection with the contract concluded with the client by user individually charged to the originator. Below are also included costs of meals and other refreshments.

3.             All goods, including returns, travel for the account and risk of the client. If and to the extent that by a break in transport or travel, even though if the cause thereof located in the own transport material from user, or its staff, goods are not spot on time or service can be done in a timely manner, will not any damages in respect of user can be advanced.

Article 11 Work (duration)

1.             The duration of the work made for a normal working day to eight hours, including an hour off for break. What is above it worked counts as overtime.

2.             The work would be continued for a longer duration than 8 hours work between 18.00 and 20.30 to be hours during one and a half hours interrupted for the evening meal; This time is not charged.

3.             More than 10 hours per day not worked; Moreover, after two days is more than 8 hours, worked for two days then in no case exceed 8 hours worked.

4.             During Saturdays, Sundays and national holidays is not worked.

5.             On these days if this is then worked overtime with a minimum of an entire day, even though less than 8 hours worked.

6.             Either the Saturday or the Sunday, however, is in any case a nonworking day, while on the other day in no case more than 8 hours of work.

7.             A day on which work begins not earlier than 08.00 des morning.

8.             If start time for the work applies the departure of secondment (Amsterdam or overnight location) and as end time the arrival there.

Article 12 Installations

1.             Installation work includes, except other agreement, delivery franco place of implementation of the materials required for the installations.

Not to the work and responsibility of user include:

a. land, chop-, break-, Foundation, masonry, carpentry, plasterer and painting work or other construction work, wrought or plumbing, or construction of electrical or electronic works unlike the acceptance of the contract provided, neither the posting of any serving that purpose material;

b. the multiple aid for moving those parts, which are not by a man that user makes available to treat, as well as to reify lifting hoisting hoists;

c. supplying and manufacturing of objectives, ladders, street and ground deposits and other such facilities;

d. establishing other installations than normal for delivering exposure work are required, as well as all work by delivering the power company for the connection to the electricity grid are required and the reimbursement of all costs for this connection to the delivering company owed his power;

e. private or police assistance in taking care of terrain or street deposits and the payment of possible fees therefor;

f. iron and wood work for fire exposure installation, both as regards the supply of necessary materials as the work to be performed.

2.             The client is obliged to ensure that all activities for which are not the responsibility and the work of user belong and for the supply or service are required by user are performed in a timely manner so that the work of user experience no delay.

3.             Under delivery means the whole complete or 182A of the installations and/or the provision of the agreed work with this installation by user. By such a delivery will user, except by sponsor within 8 days in writing to user shall be deemed to have released advertising the agreement implemented. A part of the installation defects do not give the right to censure the whole installation if this defect can be remedied within a reasonable extension.

Article 13 Rent

1.             The originator is obliged at all times the rented to user or person who is so authorized by user to show; user will have access at all times, in any case, the place or places where the rented resides, in order the presence of the rented and the condition thereof the inspect.

2.             The client is not allowed the nameplate or other indication of the origin or ownership of the material to remove or obscure.

3.             It is not permitted the rented material by the sponsor to rent or use by another to do or to use it for purposes other than those for which it is intended or danger of exposing corruption or lost. Transportation otherwise than by suitable means of transport, and well stowed or packaged or protected, is not permitted. Transport abroad is not allowed, unless otherwise agreed.

4.             The principal shall be compulsory for damage or extinction of the rented the cost of such repair or replacement to user to compensate.

5.             When not, not timely or not full restitution of the rented time at the end of the rental, hirer liable for all damages caused thereby, without any notice thereto is required, but not less than twice the rental price of the entire material about the time during which the client is in default, with a minimum of any agreed deposit.

6.             At rent of material is at least a fixed amount for installment or retrieve according to price quote will be charged.

7.             Also be at lease to consume materials like paper, rope, wood, nails, paint, filter material, etc. -to cost will be charged. These costs are calculated ex post.

Article 14 Dispute

1.             The judge in the arrondissement where user is located shall have exclusive jurisdiction to take.

2.             Parties shall only refer the matter to the Court if they have done their utmost to solve the dispute in mutual consultations.

Article 15 applicable law

On each agreement between user and purchaser Dutch law applies.

Amsterdam, 18 February 2005

Filed with www.voorwaarden.net

C.o.C. Amsterdam nr: 33244733

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