NerdFix

In addition to paying attention to your hardware, NerdFix also pays a lot of attention to people with an occupational disability. We ensure that they can work with pleasure and independently.

Contact

IJsselburcht 22A
6825BP, Arnhem

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Terms and Conditions

1. General

  1. These conditions apply to every offer, quotation and agreement between NerdFix bv and a Counterparty to which NerdFix has declared these conditions applicable, insofar as the parties have not deviated from these conditions explicitly and in writing.
  2. These terms and conditions also apply to agreements with NerdFix, for the implementation of which third parties must be involved by NerdFix.
  3. These general terms and conditions have also been written for the employees of NerdFix and its management.
  4. The applicability of any purchase or other conditions of the Other Party is expressly rejected.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. NerdFix and the Other Party will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
  6. If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place 'in the spirit' of these provisions.
  7. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.
  8. If NerdFix does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that NerdFix would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. desire.
  9. All goods delivered by the other party under the agreement remain the property of the other party. The other party must at all times take out the correct insurance policies in the event of damage, fire and/or theft during the provision of services or the transport of the goods, unless agreed otherwise.

2. Quotations and offers

  1. All quotations and offers from NerdFix are without obligation, unless a term for acceptance has been set in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
  2. NerdFix cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
  3. The prices stated in a quote or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation costs, shipping and administration costs, unless stated otherwise.
  4. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, NerdFix is ​​not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless NerdFix indicates otherwise.
  5. A composite quotation does not oblige NerdFix to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

3. Contract duration, delivery terms, execution and amendment of the agreement

  1. The agreement between NerdFix and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
  2. If a period has been agreed or specified for the completion of certain activities or for the delivery of certain items, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give NerdFix written notice of default. NerdFix must be offered a reasonable period of time to still implement the agreement.
  3. The agreement between NerdFix and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
  4. If NerdFix requires data from the Other Party for the execution of the agreement, the execution period will not commence until after the Other Party has made this information available to NerdFix correctly and completely.
  5. Delivery takes place ex company of NerdFix. The Other Party is obliged to take delivery of the goods at the moment they are made available to it. If the Other Party refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, NerdFix is ​​entitled to store the goods at the expense and risk of the Other Party.
  6. NerdFix has the right to have certain activities performed by third parties.
  7. NerdFix is ​​entitled to execute the agreement in different phases and to invoice the part thus executed separately.
  8. If the agreement is executed in phases, NerdFix can suspend the execution of those parts that belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.
  9. If during the implementation of the agreement it appears that it is necessary to change or supplement it for proper implementation, the parties will proceed to amend the agreement in good time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, of the competent authorities, etc., is changed and the agreement is changed in qualitative and/or quantitative terms as a result, this may also have consequences for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. NerdFix will provide a price quote as much as possible in advance. An amendment to the agreement may also change the originally stated term of execution. The Other Party accepts the possibility of amending the agreement, including the change in price and term of execution.
  10. If the agreement is executed in phases, NerdFix can suspend the execution of those parts that belong to a subsequent phase until the Other Party has approved the results of the preceding phase in writing.
  11. If the agreement is amended, including an addition, NerdFix is ​​entitled to implement this only after approval has been given by the person authorized within NerdFix and the Other Party has agreed to the price stated for the implementation and other conditions, including the time to be determined at that time at which they will be implemented. Not or not immediately executing the amended agreement does not constitute a breach of contract on the part of NerdFix and is also not grounds for the Other Party to terminate the agreement. Without being in default, NerdFix can refuse a request to change the agreement if this could have a qualitative and / or quantitative effect, for example for the work to be performed or the goods to be delivered in that context.
  12. If the Other Party should fail to properly fulfill its obligations towards NerdFix, the Other Party will be liable for all damage (including costs) on the part of NerdFix caused directly or indirectly as a result.
  13. If NerdFix agrees a fixed price with the Other Party, NerdFix is ​​nevertheless entitled to increase this price at all times without the Other Party being entitled to dissolve the agreement for that reason, if the increase in the price arises from a power or obligation under the law or regulations or is caused by an increase in the price of raw materials, wages, etc. or on other grounds that were not reasonably foreseeable when the agreement was entered into.
  14. If the price increase, other than as a result of an amendment to the agreement, amounts to more than 10% and takes place within three months after the conclusion of the agreement, then only the Other Party who is entitled to invoke Title 5, Section 3 of Book 6 BW is entitled to dissolve the agreement by means of a written statement, unless NerdFix is ​​then still prepared to execute the agreement on the basis of what was originally agreed, or if the price increase results from a power or an obligation resting on NerdFix under the law or if stipulated is that the delivery will take place more than three months after the purchase.

4. Suspension, dissolution and premature termination of the agreement

  1. NerdFix is ​​authorized to suspend the fulfillment of the obligations or to dissolve the agreement if: – the Other Party does not, not fully or not timely fulfill its obligations under the agreement; – after the conclusion of the agreement, NerdFix becomes aware of circumstances that give good grounds to fear that the Other Party will not fulfill its obligations; – the Other Party was requested to provide security for the fulfillment of its obligations under the agreement when the agreement was concluded and this security is not provided or is insufficient; – If, due to the delay on the part of the Other Party, NerdFix can no longer be required to fulfill the agreement under the originally agreed conditions, NerdFix is ​​entitled to dissolve the agreement.
  2. NerdFix is ​​also authorized to dissolve the agreement if circumstances arise that are of such a nature that compliance with the agreement is impossible or if other circumstances arise.
  3. If the agreement is dissolved, NerdFix's claims against the Other Party are immediately due and payable. If NerdFix suspends compliance with its obligations, it retains its claims under the law and the agreement.
  4. If NerdFix proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs incurred in any way as a result.
  5. If the dissolution is attributable to the Other Party, NerdFix is ​​entitled to compensation for the damage, including the costs, resulting directly and indirectly.
  6. If the Other Party fails to fulfill its obligations arising from the agreement and this non-fulfilment justifies dissolution, then NerdFix is ​​entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Other Party , on account of non-performance, compensation or compensation is required.
  7. If the agreement is terminated prematurely by NerdFix, NerdFix will, in consultation with the Other Party, arrange for the transfer of work still to be performed to third parties. This unless the cancellation is attributable to the Other Party. If the transfer of the work entails additional costs for NerdFix, these will be charged to the Other Party. The Other Party is obliged to pay these costs within the term specified for this, unless NerdFix indicates otherwise.
  8. In the event of liquidation, (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the Other Party, of debt restructuring or any other circumstance as a result of which the Other Party can no longer freely dispose of its assets, NerdFix is ​​free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, NerdFix's claims against the Counterparty are immediately due and payable.
  9. If the Other Party 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 hours reserved for the execution of the agreement, will be returned to the Other Party in full. be charged.

5. Force majeur

  1. NerdFix is ​​not obliged to fulfill any obligation towards the Other Party if it is prevented from doing so as a result of a circumstance that cannot be attributed to fault, nor under the law, a legal act or generally accepted views for its account.
  2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which NerdFix cannot exert influence, but as a result of which NerdFix is ​​unable to fulfill its obligations. to fulfill. Strikes in the company of NerdFix or third parties included. NerdFix also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after NerdFix should have fulfilled its obligation.
  3. NerdFix can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
  4. Insofar as NerdFix has already partially fulfilled its obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, NerdFix is ​​entitled to part to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement. Article 6. Payment and collection costs 1. Payment must be made within 14 days after the invoice date, in a manner to be indicated by NerdFix and in the currency in which the invoice is made, unless indicated otherwise in writing by NerdFix. NerdFix is ​​entitled to invoice periodically.
  5. If the Other Party fails to pay an invoice on time, the Other Party will be in default by operation of law. The Other Party will then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest will be due. The interest on the due and payable amount will be calculated from the moment the Other Party is in default until the moment of payment of the full amount due.
  6. NerdFix has the right to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest.
  7. NerdFix can, without being in default, refuse an offer for payment if the Other Party designates a different order for the allocation of the payment. NerdFix can refuse full repayment of the principal if the outstanding and accrued interest and collection costs are not also paid.
  8. The Other Party is never entitled to set off the amount it owes to NerdFix.
  9. Objections to the amount of an invoice do not suspend the payment obligation. The Other Party that cannot invoke Section 6.5.3 is also not entitled to suspend payment of an invoice for any other reason.
  10. If the Other Party is in default or in default in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if NerdFix has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs due.

6. Retention of title

  1. All goods delivered by NerdFix in the context of the agreement remain the property of NerdFix until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with NerdFix.
  2. Goods delivered by NerdFix, which fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or encumber in any other way the goods subject to retention of title.
  3. The Other Party must always do everything that may reasonably be expected of it to secure the property rights of NerdFix.
  4. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Other Party is obliged to immediately inform NerdFix thereof. 5. The Other Party undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance to NerdFix for inspection on first request. In the event of a possible payment from the insurance, NerdFix is ​​entitled to these tokens. Insofar as necessary, the Other Party undertakes vis-à-vis NerdFix in advance to cooperate with everything that may (appear to be) necessary or desirable in that context.
  5. In the event that NerdFix wishes to exercise its property rights referred to in this article, the Other Party gives NerdFix unconditional and irrevocable permission in advance to NerdFix and third parties to be designated by NerdFix to enter all those places where NerdFix's property is located and which take things back.

7. Warranties, investigations and complaints, statute of limitations

  1. The goods to be delivered by NerdFix meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Other Party must verify whether its use is suitable for use there and whether it meets the conditions set for it. In that case, NerdFix can set other warranty and other conditions with regard to the goods to be delivered or work to be performed.
  2. The warranty referred to in paragraph 1 of this article is valid for a period of 30 days after delivery, unless the nature of the delivered dictates otherwise or the parties have agreed otherwise. If the warranty provided by NerdFix concerns an item that was produced by a third party, then the warranty is limited to that provided by the manufacturer of the item, unless stated otherwise.
  3. Any form of guarantee lapses if a defect has arisen as a result of or ensues from improper or improper use thereof or use after the use-by date, incorrect storage or maintenance thereof by the Other Party and/or by third parties when, without written permission of NerdFix, the Other Party or third parties have made or attempted to make changes to the item, other items have been attached to it that do not need to be attached to it or if these have been processed or processed in a manner other than the prescribed manner. The Other Party is also not entitled to a guarantee if the defect is caused by or is the result of circumstances that NerdFix cannot influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) et cetera.
  4. The Other Party is obliged to inspect the delivered goods or have them inspected, immediately at the moment the goods are made available to it or the relevant work has been carried out. In doing so, the Other Party should examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed on in this regard. Any visible defects must be reported to NerdFix in writing within seven days after delivery. Any non-visible defects must be reported to NerdFix in writing immediately, but in any event no later than fourteen days after discovery thereof. The report must contain as detailed a description as possible of the defect, so that NerdFix is ​​able to respond adequately. The Other Party must give NerdFix the opportunity to investigate a complaint or have it investigated.
  5. If the Other Party makes a timely complaint, this will not suspend its payment obligation. In that case, the Other Party also remains obliged to purchase and pay for the otherwise ordered items.
  6. If a defect is reported later, the Other Party will no longer be entitled to repair, replacement or compensation.
  7. If it is established that an item is defective and a complaint has been made in this regard in a timely manner, NerdFix will notify the Other Party of the defective item within a reasonable period of time after its return or, if return is not reasonably possible, in writing. choice of NerdFix, replace or arrange for repair thereof or pay replacement compensation for this to the Other Party. In the event of replacement, the Other Party is obliged to return the replaced item to NerdFix and to transfer ownership thereof to NerdFix, unless NerdFix indicates otherwise.
  8. If it is established that a complaint is unfounded, the costs incurred as a result, including the research costs incurred by NerdFix as a result, will be fully borne by the Other Party.
  9. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Other Party.
  10. Deviating from the statutory limitation periods, the limitation period for all claims and defenses against NerdFix and third parties involved by NerdFix in the performance of an agreement is one year.

8. Liability

  1. If NerdFix should be liable, then this liability is limited to what has been arranged in this provision.
  2. NerdFix is ​​not liable for damage of any nature whatsoever, caused by NerdFix relying on incorrect and/or incomplete data provided by or on behalf of the Other Party.
  3. If NerdFix should be liable for any damage, NerdFix's liability is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
  4. The liability of NerdFix is ​​in any case always limited to the amount of the payment from its insurer where appropriate.
  5. NerdFix is ​​only liable for direct damage.
  6. 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 remedy the defective performance of NerdFix comply with the agreement, insofar as these can be attributed to NerdFix and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. /li>
  7. NerdFix is ​​never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
  8. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of NerdFix or its managerial subordinates.

9. Passing of Risk

The risk of loss, damage or depreciation is transferred to the Other Party at the moment when goods are brought under the Other Party's control.

10. Disclaimer

The Other Party indemnifies NerdFix against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to others than NerdFix. If NerdFix should be held liable by third parties on that basis, the Other Party is obliged to assist NerdFix both out of court and in court and to immediately do everything that may be expected of it in that case. Should the Other Party fail to take adequate measures, then NerdFix is ​​entitled to do so itself without notice of default. All costs and damage on the part of NerdFix and third parties arising from this are fully at the expense and risk of the Other Party.

11. Intellectual Property

NerdFix reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations. NerdFix has the right to use the knowledge it has gained through the execution of an agreement for other purposes, insofar as no strictly confidential information of the Other Party is disclosed to third parties.

12. Governing Law and Disputes

All legal relationships to which NerdFix is ​​a party are governed exclusively by Dutch law, even if an obligation is wholly or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. The court in the location of NerdFix has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, NerdFix has the right to submit the dispute to the competent court according to the law. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.