Terms & Conditions
TJM Supplies B.V.
8102 HX Raalte
Business license number: 72016981
VAT number: NL858946439B01
Article 1: General
1.1 Unless explicitly agreed otherwise in writing, these terms and conditions apply to every agreement and all further agreements between TJM Supplies BV and the customer. Deviations must be explicitly agreed in writing.
1.2 In these terms and conditions, “customer” is understood to mean any (legal) person who concludes or wishes to conclude an agreement with TJM Supplies BV. “Agreement” also includes any (legal) act in preparation or execution thereof, including offers, quotations, letters of intent and order confirmations.
1.3 Applicability of purchase conditions or other conditions used by the customer is explicitly rejected. 1.4 If one or more provisions in these terms and conditions are at any time wholly or partially null and void or destroyed, the other provisions in these terms and conditions will remain fully applicable. TJM Supplies BV and the customer will then enter into consultation about new provisions to replace the invalid or voided provisions, whereby the purpose and scope of the original provisions are observed as much as possible.
1.5 If there is any uncertainty about the interpretation of one or more provisions of these terms and conditions, the explanation must be ‘in the spirit’ of these provisions. If a situation arises between the parties that is not regulated in these terms and conditions, this situation must also be assessed in the spirit of these terms and conditions.
1.6 If TJM Supplies BV has not always or in a certain situation applied or required strict compliance with these conditions, this does not mean that the provisions thereof do not apply or that TJM Supplies BV would lose the right to any extent in other cases to use or require strict compliance with the provisions of these terms and conditions.
1.7 Insofar as the agreement between TJM Supplies BV and the customer contains provisions that are in conflict with these general terms and conditions, the provisions of the agreement prevail.
Article 2: Offer and acceptance, agreement
2.1 All offers and quotations from TJM Supplies BV are without obligation. They are valid for 14 days, unless stated otherwise. Furthermore, all offers and quotations are revocable, regardless of whether they contain a term for acceptance and regardless of whether the offer has already been accepted by the customer.
2.2 All verbal additions, promises or changes to offers, quotations and agreements are only binding if they have been made by authorized persons of TJM Supplies BV and insofar as this has been done explicitly and in writing.
2.3 An offer or quotation lapses if the product or service to which it relates is no longer available in the meantime.
2.4 The agreement is concluded by acceptance by the customer of the offer from TJM Supplies BV If the agreement is concluded electronically, TJM Supplies BV will confirm receipt of the acceptance of the offer as soon as possible.
2. 5 If the acceptance or not on minor points from the proposal included in the offer or offers, TJM Supplies BV is not bound. The agreement is then not concluded, unless TJM Supplies BV indicates otherwise.
2. 6 A composite quotation or offer TJM Supplies BV required to execute a portion of the contract at a corresponding part of the quoted price.
2. 7 TJM Supplies BV is entitled at any time prior to (further), from buyer to require security both payment and other obligations are met.
2. 8 If a sample or model has been shown or provided to the customer, this is presumed to have been provided only as an indication, unless it is expressly agreed that the product to be delivered will correspond with it.
Article 3: Delivery, risk, performance of work / services
3.1 The (delivery) term or term for the performance of the work / services specified by TJM Supplies BV (which terms are referred to as “delivery term”) is not final. TJM Supplies BV will, however, observe the delivery term as much as possible. The mere expiry of the delivery term therefore does not constitute default and the customer will have to give TJM Supplies BV written notice of default and offer a reasonable term to still execute the agreement. In any case, exceeding the delivery period does not entitle the customer to (damage) compensation.
3.2 If a delivery period has not been expressly agreed, a reasonable delivery period will apply, to be calculated from the moment the agreement is concluded.
3.3 TJM Supplies BV has the right to have certain activities performed by third parties. 3.4 TJM Supplies BV at all times has the right to deliver in parts, which partial performances it may always invoice separately. TJM Supplies BV can suspend delivery of the subsequent parts until the customer has approved the previous parts.
3.5 In all cases, dispatch and / or transport of goods delivered is at the expense and risk of the customer. Goods are therefore at the risk of the customer as soon as they are offered for shipment by TJM Supplies BV. The choice of the means of transport is up to TJM Supplies BV 3.6 If the customer does not, not timely or not properly take delivery of the goods to be delivered or the work / services to be performed, he will be in default without notice and TJM Supplies BV is in any case entitled to invoice the agreed price. TJM Supplies BV is then also entitled to store the goods to be delivered at the expense and risk of the customer.
3.7 The customer gives TJM Supplies BV the opportunity to perform the work / services, which in any case means that the customer ensures that:
– the place of performance of the work / services as well as access to it is easily accessible; – TJM Supplies BV has the facilities required for the activities / services, including but not limited to connection options for the required energy.
Article 4: Prices
4.1 An agreement is concluded at the prices applicable at the time of conclusion of the agreement. All prices in offers, quotations, agreements and (pro forma) invoices are stated, unless explicitly stated otherwise in writing, exclusive of VAT, costs of transport and / or shipping, travel, accommodation costs,
installation costs, assembly costs, administration costs and other related to the delivery. incur costs, as well as levies and / or taxes owed by the government. Prices are, unless otherwise agreed, based on delivery ex warehouse / storage location.
4.2 TJM Supplies BV is entitled to change the prices it uses at all times, on the understanding that already agreed prices can only be changed if the cost price determining factors on which the prices are based have changed since the conclusion of the agreement and before delivery. 4.3 If the customer cancels a placed order in whole or in part, the goods ordered or prepared for this, plus any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the customer. .
4.4 Additional and less work can be charged to the customer, even if a fixed price has been agreed. This could be, for example:
– in case of changes to the agreement or the conditions of execution;
– if it appears that the expected amount of work was insufficiently estimated when entering into the agreement to such an extent that no fulfillment of TJM Supplies BV may reasonably be expected at the originally agreed price;
– if employees of TJM Supplies BV or third parties engaged by TJM Supplies BV have to wait longer than 2 hours before they can perform their work, in which case a reasonable hourly rate may be charged; – in case of deviations from the amounts of provisional items and from deductible and estimated quantities.
4.5 If the total of the less work exceeds that of the additional work, TJM Supplies BV is entitled to an amount equal to 10% of the difference between the totals.
Article 5: Payment and collection costs
5.1 Payment must be made in the currency in which the invoice is made without any deduction, discount or settlement within the payment term of 14 days stated on the invoice, unless otherwise agreed. This payment term is a strict deadline. Customer is not entitled to invoke suspension. TJM Supplies BV can demand payment before delivery has taken place or before the (final) invoice has been sent.
5.2 If payment is not made on time, the customer is in default by operation of law and the customer owes interest on the outstanding amount of 1% per month or – at the discretion of TJM Supplies BV – equal to the statutory commercial interest. The full legal costs will be borne by the customer. The extrajudicial costs amount to 15% of the outstanding amount, with a minimum of € 250. The customer also owes interest on these and other costs.
5.3 TJM Supplies BV has the right to have the payments made by the customer extend in the first place to deduct the costs, then to deduct the interest that has become due and finally to deduct the principal sum and the current interest. TJM Supplies BV can, without being in default as a result, refuse an offer for payment if the customer indicates a different order for the allocation of the payment. TJM Supplies BV can refuse full repayment of the principal sum if the interest and collection costs that have become open and accrued are not also paid.
5.4 Any dispute of the invoice must – without prejudice to the other provisions of this article – take place within 8 days of the invoice date. Disputes must be submitted in writing and do not suspend the customer’s payment obligation.
Article 6: Returns, complaints and warranty
6.1 Without prior written permission on its part, TJM Supplies BV is not obliged to accept a return shipment from the customer. The risk of returned goods remains with the customer until they have been credited by TJM Supplies BV. Credit will be made after deduction of 20% of the price of the returned goods, with a minimum of € 75. The credit does not include the work already performed and costs incurred by TJM Supplies BV.
6.2 In the event of returns and complaints, the customer is not entitled to suspension of his payment obligations. In that case, the customer also remains obliged to purchase and pay for the other items ordered.
6.3 The customer is obliged to inspect the delivered goods or have them inspected when the goods are made available to him or the relevant activities have been carried out. In addition, the customer must investigate whether the quality and / or quantity of the delivered goods meets what has been agreed and meets the requirements that the parties have agreed in this respect. Any visible defects must be reported in writing to TJM Supplies BV within 8 days after delivery. Any non-visible defects must be reported in writing to TJM Supplies BV as soon as possible, but in any case no later than eight days after discovery thereof. The report must contain a description of the defect that is as detailed as possible, so that TJM Supplies BV is able to respond adequately. The customer must give TJM Supplies BV the opportunity to investigate a complaint or have it investigated. If the customer does not meet the aforementioned obligations, the quantity and quality are deemed to have been accepted by the customer. The customer is then no longer entitled to repair, replacement or compensation.
6.4 If a complaint is made on time and in accordance with these conditions and, in the reasonable opinion of TJM Supplies BV, it has been sufficiently demonstrated that the goods or the work / services performed are defective, TJM Supplies BV will have the choice of whether the goods or goods that have proved to be unsound are to deliver new work / services that have proved to be unsound free of charge or to perform them again free of charge, or to repair them or to grant a discount on the price. By fulfilling one of the aforementioned performances, TJM Supplies BV will be fully discharged with regard to its warranty obligation and will not be obliged to pay any further compensation. Replaced goods or parts become the property of TJM Supplies BV and the customer must immediately return it at the first request of TJM Supplies BV, unless TJM Supplies BV indicates otherwise.
6.5 The warranty on goods provided by TJM Supplies BV is limited to the warranty provided by the producer of those goods.
6.6 If it is established that a complaint is unfounded, the costs arising as a result on the part of TJM Supplies BV, including research costs, will be fully for the account of the customer. 6.7 Any form of warranty will lapse if a defect has arisen as a result of or ensues from injudicious or improper use, incorrect storage or maintenance by the customer and / or by third parties and / or when the customer or third parties without written permission from TJM Supplies BV have made or attempted to make changes to the item, attached other items to it that do not need to be attached to it or if these were attached or processed or processed in a manner other than the prescribed manner. 6.8 The customer is also not entitled to a warranty if the defect has arisen due to or is the result of circumstances over which TJM Supplies BV can exert no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures).
6.9 After expiry of the warranty period, all costs for repair or replacement, including administration, dispatch and call-out costs, will be charged to the customer.
Article 7: Liability
7.1 If TJM Supplies BV should be liable to the customer, then that liability is limited to what is regulated in this article.
7.2 The liability of TJM Supplies BV is at all times limited to a maximum of one and a half times the invoice value of the order excluding VAT, or at least to that part of the order to which the liability relates. The liability of TJM Supplies BV is in any case always limited to the amount that its insurer pays out in the relevant claim.
7.3 TJM Supplies BV is only liable for direct damage, as a result of – to be demonstrated by the customer – gross negligence or intent on the part of TJM Supplies BV and / or its managerial subordinates belonging to the management or management in the performance of the obligations arising from the agreement concluded between TJM Supplies BV and the customer.
Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to pay TJM Supplies BV’s defective performance. to have the agreement answered insofar as these can be attributed to TJM Supplies BV and reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
7.4 TJM Supplies BV is never liable for:
– indirect damage, of any nature whatsoever, including consequential damage, lost profit, missed savings
and damage due to business interruption; and / or
– immaterial damage that the customer or a third party suffers because TJM Supplies BV or a person for whom it is liable by law, fails to comply with the agreement.
7.5 For the account and risk of the customer, damage caused by:
– incorrect and / or incomplete information provided by the customer;
– errors and / or defects in constructions, working methods required by the customer, as well as in drawings, calculations, specifications, implementation instructions and the like provided by the customer;
– the non-delivery or late delivery of the items referred to in the previous dash; – defects in or unsuitability of goods originating from or prescribed by the customer, including the immovable property on, in or on which the work is carried out or the services are provided; – work / services and / or deliveries performed by the customer or by third parties on his behalf; – loss of materials, parts and / or tools supplied with regard to the activities / services, including damage to these items;
– inadequate fulfillment of the agreement attributable to the customer, prescribed subcontractors and / or other auxiliary persons;
– unlawful acts of subcontractors and / or other auxiliary persons engaged by TJM Supplies BV and / or by the customer;
– the design originating from TJM Supplies BV, if and insofar as it has been approved by the customer. 7.6 The customer must indemnify and hold TJM Supplies BV harmless against all claims from third parties, on whatever grounds, with regard to compensation for damage, costs, interest and / or losses arising from services provided by TJM Supplies BV. If TJM Supplies BV should nevertheless be held liable, the provisions in the previous paragraphs apply in full. TJM Supplies BV will then have a right of
recourse against the customer for the entire amount paid by it in respect of compensation and costs. 7.7 If TJM Supplies BV should be held liable by third parties, the customer is obliged to assist TJM Supplies BV both extrajudicially and in law and to do everything that may be expected of him in that case without delay.
If the customer fails to take adequate measures, TJM Supplies BV is entitled to do so itself without notice of default. All costs and damage on the part of TJM Supplies BV and third parties that arise as a result are fully at the expense and risk of the customer.
7.8 The provisions of this article also apply to the benefit of all (legal) persons used by TJM Supplies BV in the implementation of the agreement.
7.9 Any right of action for compensation lapses in any case after six months have elapsed after receipt of the delivered goods or after the performance of the relevant work / services.
Article 8: Force majeure (non-attributable shortcoming)
8.1 If TJM Supplies BV is prevented from executing the agreement due to force majeure, or implementation is made more expensive due to force majeure, TJM Supplies BV has the right to suspend the agreement or to dissolve it in whole or in part for the duration of the force majeure situation . without being obliged to pay any compensation. TJM Supplies BV also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after it should have fulfilled its obligations.
8.2 Under “force majeure” is understood, in addition to what is understood by law and jurisprudence, any circumstance, both foreseen and unforeseen, on which TJM Supplies BV cannot exert influence and as a result of which TJM Supplies BV is unable to fulfill its obligations. Such a circumstance will in any case include a strike, excessive absenteeism due to illness of staff, transport difficulties, fire and other business disruptions, late or inadequate delivery by suppliers of TJM Supplies BV and other events beyond the control of TJM Supplies BV such as flooding, storm but also changing legislation or government measures.
Article 9: Suspension, dissolution and cancellation
9.1 In the event of non-payment of a callable amount, non-compliance, incomplete and / or late fulfillment of any other obligation under an agreement, suspension of payment, (application for) suspension of payments, (application for) bankruptcy, seizure, administration under guardianship, death, liquidation of the customer’s goods or other circumstances as a result of which the customer cannot freely dispose of his assets, TJM Supplies BV has the right to dissolve the agreement in whole or in part with immediate effect, without notice of default and without judicial intervention, and the possible delivered and still not fully paid as its property, subject to settlement of any already paid, without being obliged to pay compensation and without prejudice to its right to compensation. In the event that TJM Supplies BV proceeds to dissolution, all its claims against the customer are fully and immediately due and payable, without prior notice of default being required.
9.2 In addition, TJM Supplies BV is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:
– after the conclusion of the agreement, TJM Supplies BV becomes aware of circumstances that give good reason to fear that the customer will not fulfill its obligations;
– the customer was requested to furnish security for the fulfillment of his obligations under the agreement when the agreement was concluded or afterwards and this security is not provided or insufficient; – if due to the delay on the part of the customer, TJM Supplies BV can no longer be expected to comply with the agreement under the originally agreed conditions;
– 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 from TJM Supplies BV.
9.3 If the agreement is dissolved, the claims of TJM Supplies BV on the customer are immediately due and payable. If TJM Supplies BV suspends the fulfillment of its obligations, it retains its claims under the law and agreement.
9.4 If TJM Supplies BV proceeds to suspension or dissolution, it is not obliged to compensate damage and costs that may arise as a result.
9.5 In the event that TJM Supplies BV has entered into an agreement with the customer for an indefinite period, TJM Supplies BV has the right to cancel the agreement without stating reasons at the end of a calendar month with due observance of a notice period of one month.
Article 10: Intellectual property, know-how, confidentiality and samples
10.1 Quotations, samples, reports, advice, schedules, designs, drawings and / or other documents, belonging to an offer or quotation or relating to an agreement, are and remain the property of TJM Supplies BV and may – subject to prior written permission from it management – not be made public, copied, used, imitated or offered to third parties in whole or in part. Nor may the technology shown be used to improve the Customer’s own products, activities and services. All information originating from TJM Supplies BV must be treated confidentially. The aforementioned documents must be returned at the first request of TJM Supplies BV, without any copy, in whatever form, being retained. The customer is liable for all damage and costs of TJM Supplies BV as a result of violation of the prohibitions described above.
10.2 TJM Supplies BV takes all reasonable precautions to prevent goods delivered and / or work / services performed by it from conflicting with any intellectual property right of a third party. If, nevertheless, as a result of culpable actions by TJM Supplies BV and / or its managerial subordinates, such a right is infringed, TJM Supplies BV has, notwithstanding the provisions of Article 7 and at its own discretion, the right to either or to replace or change the work / services performed or acquire the right to continue the use of the goods delivered or the work / services performed, or to dissolve the agreement in whole or in part with repayment of the amount paid by the customer for this the price paid for goods / activities / services and with deduction of a reasonable amount of depreciation. All this provided that the provisions of Article 10.3 have been complied with.
10.3 The customer must immediately notify TJM Supplies BV in writing of any liability claim or measure, based on the statement that the use of the goods delivered or the work / services performed by TJM Supplies BV infringes any right of intellectual property and / or right to know-how of a third party. 10.4 When intellectual property rights arise during the execution of the agreement between TJM Supplies BV and the customer, the intellectual property rights, including copyright, rest with TJM Supplies BV. Insofar as the intellectual property rights fall to the customer by law, the customer bears these intellectual property rights. ownership rights in advance to TJM Supplies BV and the customer will if necessary cooperate with this transfer and also grants an irrevocable power of attorney in advance with which TJM Supplies BV can do everything necessary so that the intellectual property rights come to rest with TJM Supplies BV . To the extent permitted by law, the customer waives any personality rights that remain with the customer, or the customer undertakes not to exercise these personality rights in the course of trade.
10.5 If TJM Supplies BV grants the customer a right of use, this is always based on a non-exclusive and non-transferable license, which is limited to the agreed use. In the absence of a previously agreed period of use, the right of use of the intellectual property rights of TJM Supplies BV is in any case limited to the duration of the Agreement between TJM Supplies BV and the customer, or for the duration in which the customer purchases products from TJM Supplies BV. A license from TJM Supplies BV can be
terminated at any time with immediate effect, without TJM Supplies BV owing any form of compensation to the customer.
10.6 After a cancellation, dissolution or termination of a long-term commercial relationship between the customer and TJM Supplies BV, the customer will ensure at the first request of TJM Supplies BV that no economic relationship is assumed between TJM Supplies BV and the customer in economic transactions. To this end, the customer performs all necessary actions, including, but not limited to:
a) The cessation of the use of means of distinction of TJM Supplies BV in the economic traffic, such as a domain name of the customer;
b) The cessation of the use and transfer of a domain name, trade name or trademark that contains a means of distinction from TJM Supplies BV to TJM Supplies BV;
c) The avoidance of confusing advertising messages, such as the use of means of discrimination that correspond to a means of distinction of TJM Supplies BV;
d) The delivery of goods on which a distinctive means of TJM Supplies BV is displayed, at the same price for which the customer purchased these goods from TJM Supplies BV.
10.7 Violation of Articles 10.1, 10.3, 10.4 and 10.6 will purchaser without any default notice is required for each violation a fine of € 50,000.00 to TJM Supplies BV are due, without prejudice to TJM Supplies BV to well claim full compensation with interest and costs. Penalties paid or owed are not deductible from any compensation owed with interest and costs. TJM Supplies BV and the customer hereby explicitly deviate from the provisions of Article 92, paragraph 2 of Book 6 of the Dutch Civil Code.
Article 11: Retention of title
11.1 TJM Supplies BV remains the owner of all goods sold and / or delivered by it, including sketches, designs, software, films, (electronic) files etc., as well as any rights to be granted or transferred, until such time as of full compliance by the customer with all obligations under the agreements concluded with TJM Supplies BV, as well as until the moment of full payment of the claims due to failure to comply with such an agreement. Before full payment has been made, the Customer cannot pledge the goods in whole or in part to third parties, or otherwise encumber them or transfer the ownership rights other than in its normal business operations. The customer will keep the goods delivered subject to retention of title with due care and as recognizable property of TJM Supplies BV and will furthermore do or omit everything that may reasonably be expected to secure the property rights of TJM Supplies BV.
11.2 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to immediately inform TJM Supplies BV thereof. 11.3 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft. The customer will make the policy of this insurance available to TJM Supplies BV for inspection upon first request. In case of a possible payment of the insurance, TJM Supplies BV is entitled to these tokens. Insofar as necessary, the customer undertakes to TJM Supplies BV in advance to cooperate with everything that may be necessary or desirable in that context.
11.4 In the event that TJM Supplies BV wishes to exercise its ownership rights indicated in this article, the customer gives unconditional and irrevocable permission in advance to TJM Supplies BV and to third parties to be designated by TJM Supplies BV to enter all those places where the properties of TJM Supplies BV are located (or should be) and to take back those items, even if it is necessary to disassemble or otherwise detach them.
Article 12: Privacy
12.1 If TJM Supplies BV or the customer obtains personal data provided by the other during the execution of the agreement and he processes this personal data, he will process the personal data in a proper and careful manner and comply with the legal regulations that follow from the General Data Protection Regulation.
12.2 If TJM Supplies BV or the customer is regarded as a processor within the meaning of the General Data Protection Regulation, TJM Supplies BV and the customer will agree in writing a processor agreement that complies with the provisions of the General Data Protection Regulation. 12.3 TJM Supplies BV and the customer will inform each other within five (5) working days of any request and / or any complaint from the supervisory authority or the person concerned with regard to the personal data that are processed in the execution of the agreement. TJM Supplies BV and the customer provide each other with the mutual cooperation that is required to comply with the requests of the parties involved or the supervisory authority.
12.4 The customer indemnifies TJM Supplies BV against administrative sanctions, repair sanctions and punitive sanctions imposed on TJM Supplies BV in the context of processing operations carried out by TJM Supplies BV in the execution of the agreement.
Article 13: Transferability of rights and obligations
13.1 The customer cannot transfer claims against TJM Supplies BV, for whatever reason, to a third party. Such claims are expressly not transferable. This clause has effect under property law within the meaning of Article 83, paragraph 2 of Book 3 of the Dutch Civil Code.
13.2 The customer is not permitted to transfer any obligation under the agreement and / or these general terms and conditions to a third party without the prior written approval of TJM Supplies BV.
Article 14: (Partial) nullity or voidability
Should a provision in these general terms and conditions be void or voidable, this does not result in these general terms and conditions being void or voidable in their entirety or that any other provision thereof is (partially) void or voidable. If a provision in these general terms and conditions should be void or voidable (and subsequently destroyed), it will be deemed to be replaced by TJM Supplies BV by a valid provision that most closely approximates the scope of the void or voided provision.
Article 15: Applicable law and competent court
15.1 All legal relationships between the customer and TJM Supplies BV, including agreements and these terms and conditions, are exclusively governed by Dutch law, even if an obligation has been fully or partially implemented outside the Netherlands or if the customer is domiciled or established abroad. Applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
15.2 All disputes that arise between the customer and TJM Supplies BV will, unless the law prescribes otherwise, exclusively be settled by the competent judge of the Overijssel District Court, location Zwolle. Nevertheless, TJM Supplies BV has the right to submit the dispute to the competent court according to the law.
Article 16: Amendment and translation of these conditions
16.1 TJM Supplies BV has the right to change these general terms and conditions. The Customer is deemed to have accepted any amendment to these general terms and conditions , unless TJM Supplies BV has received written objections from the Buyer within seven days after written notification of the changes by TJM Supplies BV.
16.2 The Dutch text of these terms and conditions is always decisive for the interpretation thereof.
Special conditions with regard to rental
Article A: General
A.1 Articles B and following of these terms and conditions apply in addition to articles 1 to 16 of these terms and conditions in case TJM Supplies BV (also) acts as the lessor. If and insofar as the special terms and conditions deviate from Articles 1 to 16, the special terms and conditions will prevail. A.2 In these terms and conditions, “tenant” is understood to mean any person or legal entity who concludes or wishes to conclude a rental agreement with TJM Supplies BV with regard to the rental of equipment. “Equipment” is understood to mean audiovisual equipment with accessories, in the broadest sense of the word, and any other items that TJM Supplies BV may rent out.
Article B: Duration of the lease
B.1 The rental period starts on the day that the equipment is made available to the tenant from the warehouse or – if the transport of the equipment is provided by TJM Supplies BV – is delivered to the tenant.
B.2 The rental period ends at the end of the day on which the tenant has returned the equipment complete and undamaged to TJM Supplies BV or – if the return transport is provided by TJM Supplies BV – has made it available to TJM Supplies BV.
Article C: Use
C.1 All equipment is set up and equipped for normal use in the Netherlands. The lessee must keep the equipment as a good lessee during the rental period and use it in accordance with its normal destination. C.2 The tenant must in any case ensure that the equipment does not get lost, destroyed or exposed to damage. At the end of the rental period, the tenant must return the equipment to TJM Supplies BV in good condition and complete. If the equipment is returned incomplete and undamaged, the costs of replacement and repair will be borne by the hirer. These costs are deducted from any deposits paid. Insofar as an amount remains to be paid to TJM Supplies BV after settlement, this will be invoiced separately to the tenant.
C.3 The tenant is not permitted to move the equipment outside the Netherlands without the prior written consent of TJM Supplies BV, or to sublet, re-let or otherwise use it to another party. C.4 The tenant is not permitted to make changes in or to the equipment.
Article D: Implementation
D.1 Loading and transport from and to TJM Supplies BV, as well as the commissioning of the equipment, are done by the hirer at his expense and risk, unless explicitly agreed otherwise in writing. D.2 Unless otherwise agreed in writing, the equipment is rented excluding auxiliary and maintenance materials and resources, software and energy, but including any necessary ballast. The costs of energy, maintenance and the necessary materials and resources are at the expense of the tenant. He will regularly perform the reasonably necessary maintenance.
D.3 The tenant may only use the auxiliary and maintenance materials and maintenance materials prescribed by TJM Supplies BV.
Article E: Damage and compensation
E.1 The equipment remains the property of TJM Supplies BV at all times
E.2 The hirer is liable for any loss – including but not limited to theft and embezzlement -, damage, breakage or becoming unusable in any way other than through normal wear and tear of the equipment and the hirer will then reimburse the equipment at its replacement value. If damage is found to the equipment, the hirer will owe compensation to TJM Supplies BV based on the utility value of the equipment.
The valuation by or on behalf of TJM Supplies BV is binding for the tenant.
E.3 In the event of loss, damage, breakage and the like, the tenant must immediately inform TJM Supplies BV of this.
E.4 The tenant is obliged to insure the risks of loss, theft, destruction and the like. The insurance premium is at the expense of the tenant.
Article F: Repairs
F.1 Except with prior written permission from TJM Supplies BV, the tenant is not permitted to carry out repairs to the equipment or to have them carried out.
F.2 Repairs made necessary by incorrect treatment by the tenant, as well as costs resulting from damage, improper repair or maintenance by the tenant and / or third parties engaged by the tenant, are at the expense of the tenant. If such repairs are carried out during the rental period, the rental period will continue until the repair is completed and the tenant will owe rent for that period. The tenant is obliged to have repairs carried out by TJM Supplies BV, unless TJM Supplies BV has given prior written permission to have the repair carried out by third parties announced to TJM Supplies BV.
Article G: Liability
G.1 Without prejudice to the provisions of article 3 and article 7 of these terms and conditions, TJM Supplies BV is not liable for damage, of any nature whatsoever, arising for the tenant and / or third parties from possible late availability of the equipment, from the use of or possible defects in the equipment. The tenant indemnifies TJM Supplies BV against possible claims from third parties.
GDPR privacy statement TJM Supplies B.V.
TJM Supplies B.V. is responsible for the processing of personal data as shown in this privacy statement.
TJM Supplies B.V.
8102 HX Raalte
Business license number: 72016981
VAT number: NL858946439B01
Personal data that we process
TJM Supplies BV processes your personal data because you use our services and / or because you provide them yourself.
Below you will find an overview of the personal data that we process:
- First and last name
- Address data
- Telephone number
- E-mail address
- Payment details
- Account information, including a username and password
- Information about your activities on our website
- Information about your surfing behavior across different websites (for example because this company is part of an advertising network)
- Internet browser and device type
Special and / or sensitive personal data that we process
Our website and / or service does not intend to collect data about website visitors under the age of 16. Unless they have permission from their parents or guardian. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in the online activities of their children, in order to prevent data about children from being collected without parental consent. If you are convinced that we have collected personal information about a minor without this permission, please contact us via email@example.com and we will delete this information.
For what purpose and on what basis we process personal data
TJM Supplies BV processes your personal data for the following purposes:
- Handling your payment (executing an agreement)
- Sending our newsletter and / or advertising brochure (permission / legitimate interest ) – To be able to call or e-mail you if this is necessary to be able to perform our services (execution of the agreement)
- To inform you about changes to our services and products (execution of an agreement / legitimate interest)
- To offer you the possibility to create an account (permission)
- To deliver goods and services to you (performance of an agreement)
- TJM Supplies BV also processes personal data if we are legally obliged to do so, such as information that we need for our tax return. (legal obligation / legitimate interest)
How long we keep personal data
TJM Supplies BV does not store your personal data longer than is strictly necessary to achieve the purposes for which your data is collected. We use the following retention periods for the following (categories) of personal data:
Invoices and financial administration: 7 years, legal obligation.
Customer data, including name and address, e-mail / telephone contact: two years from date of purchase
Account information: as long as you have an account with us.
Log files for internet use / visitor registration: 6 months, in accordance with the Exemption Decree.
Sharing of personal data with third parties
TJM Supplies BV will not sell your information to third parties and will only provide this information if this is necessary for the execution of our agreement with you (for example, for the delivery of your order) or to comply with a legal obligation. If required by law, we conclude a processing agreement with companies that process your data on our behalf, to ensure the same level of security and confidentiality of your data. TJM Supplies BV remains responsible for these processing operations. TJM Supplies BV does not process personal data outside the EU.
Cookies, or similar techniques, that we use
TJM Supplies BV only uses technical and functional cookies. And analytical cookies that do not infringe your privacy. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. The cookies we use are necessary for the technical operation of the website and your ease of use. They ensure that the website works properly and, for example, remember your preferred settings. We can also optimize our website with this. You can opt out of cookies by setting your internet browser so that it no longer stores cookies. In addition, you can also delete all information previously stored via the settings of your browser.
View, modify or delete data
You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data by TJM Supplies BV and you have the right to data portability. This means that you can submit a request to us to send the personal data that we have about you in a computer file to you or another organization mentioned by you.
You can send a request for access, correction, deletion, data transfer of your personal data or request for cancellation of your consent or objection to the processing of your personal data to firstname.lastname@example.org.
To ensure that the request for access has been made by you, we ask you to send a copy of your ID with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and citizen service number (BSN) black in this copy . This is to protect your privacy. We will respond to your request as soon as possible, but within four weeks.
TJM Supplies BV would also like to point out that you have the opportunity to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
How we secure personal data
TJM Supplies BV takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. For example, TJM Supplies BV uses firewalls , virus scanners and access security , personal data is backed up twice a month, an internal company policy applies with regard to handling personal data and computers and their data carriers are carefully destroyed after their lifespan. . If you have the impression that your data is not properly secured or there are indications of abuse, please contact our customer service or via email@example.com.