Whado: Whado, established in Zwolle under Chamber of Commerce no. 65649176.
Customer: the person with whom Whado has entered into an agreement.
Parties: Whado and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Whado.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
All prices used by Whado are in euros, are VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Whado uses for its products or services, on its website or otherwise made known, Whado can change at any time.
The price with regard to a service is determined by Whado on the basis of the hours actually spent.
The price is calculated according to Whado's usual hourly rates, valid for the period in which it performs the work, unless a different hourly rate has been agreed.
If the parties have agreed on a total amount for a service provided by Whado, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.
Whado is entitled to deviate up to 10% from the target price.
If the target price is more than 10% higher, Whado must inform the customer in good time why a higher price is justified.
If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.
Whado has the right to adjust the prices annually.
Whado will communicate price adjustments to the customer prior to their implementation.
The consumer has the right to terminate the agreement with Whado if he does not agree with the price increase.
If the customer does not pay within the agreed term, Whado is entitled to charge from the day that the customer is in default, whereby part of a month is counted as a whole month.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Whado.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Whado may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Whado's claims against the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Whado, he is still obliged to pay the agreed price to Whado.
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Unless the customer is a consumer, the customer waives his right to set off a debt to Whado against a claim against Whado.
1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
delivered goods that are necessary for the implementation of the underlying agreement
items of Whado that are present at the customer
goods that have been delivered under retention of title
2. At Whado's first request, the customer will provide the policy of these insurance policies for inspection.
When the parties have entered into an agreement with a service-providing nature, this only contains an obligation of effort for Whado and therefore no obligation of result.
Whado executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Whado has the right to have the agreed services (partially) performed by third parties.
The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
It is the responsibility of the customer that Whado can start the implementation of the agreement in a timely manner.
If the customer has not ensured that Whado can start the implementation of the agreement in time, the resulting extra costs and/or extra hours will be borne by the customer.
The customer shall make all information, data and documents relevant to the correct performance of the agreement available to Whado in a timely manner and in the desired form and manner.
The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the customer requests this, Whado will return the relevant documents.
If the customer does not make the information, data or documents reasonably required by Whado available, or does not do so in time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be borne by the customer.
The agreement between Whado and the customer regarding a service or services is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
If an agreement has been entered into for a definite period of time, it will be tacitly converted into an agreement for an indefinite period after the expiry of the term, unless 1 of the parties terminates the agreement with due observance of a notice period of months, or a consumer terminates the agreement with due observance of a notice period of 1 month, as a result of which the agreement ends by operation of law.
If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must give Whado written notice of default.
The customer can terminate an agreement for a service that has been entered into for an indefinite period at any time with due observance of a notice period of 1 month.
A consumer has the right to cancel an agreement for a service for an indefinite period of time with due observance of a notice period of 1 month.
The customer indemnifies Whado against all third-party claims related to the products and/or services supplied by Whado.
The customer must examine a product or service provided by Whado as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Whado of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform Whado of this within 2 months after the discovery of the shortcomings.
In doing so, the customer provides a description of the shortcoming that is as detailed as possible, so that Whado is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Whado being obliged to perform other work than has been agreed.
The customer must notify Whado of any notice of default in writing.
It is the responsibility of the customer that a notice of default actually reaches Whado (in time).
If Whado enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts due to Whado under that agreement.
Whado is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If Whado is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Whado is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Whado is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability is concerned.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Whado expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.
The customer has the right to dissolve the agreement if Whado imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Whado is not permanently or temporarily impossible, dissolution can only take place after Whado is in default.
Whado has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if circumstances give Whado good grounds to fear that the customer will not fulfill its obligations. will be able to fulfill properly.
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming by Whado in the fulfillment of any obligation towards the customer cannot be attributed to Whado in a situation independent of the will of Whado, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected of Whado.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Whado cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Whado can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Whado does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Whado is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Whado will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Whado.
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Whado had in mind when drawing up the conditions on that point.
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Whado has its registered office / practice / office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
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Drawn up on 9/13/2021.
Updated on 6/15/2022.