boer&vanwijk, a flexible and transparent company.

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1.1. These general terms and conditions (hereinafter: “Terms and Conditions”) apply to all quotations as well as the formation, content, and execution of all agreements concluded between the client and the contractor (hereinafter: Private Limited Company “Boer & Van Wijk”). Deviations from these Terms and Conditions may only be agreed upon in writing between the client and Boer & Van Wijk.

1.2. Quotations are non-binding and valid for 60 days. Prices may change in the event of unforeseen modifications to the work. All prices are exclusive of VAT and transport costs, unless stated otherwise. Quoted rates and offers do not automatically apply to future assignments. The client is responsible for the accuracy and completeness of all information provided by or on behalf of the client to Boer & Van Wijk, which forms the basis of the quotation.

1.3. The content of the assignment is evidenced by the quotation from Boer & Van Wijk. If the client agrees to the execution of the work by Boer & Van Wijk, the content of the quotation is considered accepted. Any additional verbal agreements or conditions can only be agreed upon in writing.

2.1. The client has the right to cancel an assignment before the contractor has started executing the work. In the event of cancellation, the client is obliged to reimburse Boer & Van Wijk for any costs already incurred.

2.2. Notwithstanding the provisions of Article 2.1, a client may not cancel without compensation for damages and costs if the cancellation concerns an assignment or multiple related assignments with a total value exceeding EUR 5,000 (excluding VAT). Early termination other than as specified in this article is excluded.

3.1. All payments must be made without deduction, set-off, or suspension, within 30 days from the invoice date, unless otherwise agreed in writing or stated on the invoice.

3.2. All items delivered to the client, including intellectual property rights, remain the property of Boer & Van Wijk until all amounts owed by the client under the agreement between the parties have been fully paid.

3.3. If the client fails to pay all or part of the amounts due, the client shall owe statutory interest and extrajudicial collection costs in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs. The statutory collection costs referred to in Article 6:96, paragraph 4 of the Dutch Civil Code are set at €250.

3.4. Boer & Van Wijk ensures timely invoicing. In consultation with the client, Boer & Van Wijk may charge the agreed fee and costs as an advance, interim, or periodic payment.

4.1. The client is responsible for providing accurate information (dimensions, specifications, etc.) necessary for the correct execution of the assignment.

4.2. The client is obliged to carefully examine any proofs—typeset, print, or otherwise—provided by Boer & Van Wijk, whether requested by the client or not, for errors and defects, and to return them promptly to Boer & Van Wijk with corrections or approval. Approval of proofs by the client constitutes acknowledgment that Boer & Van Wijk has correctly executed all preceding work related to the proofs. Boer & Van Wijk is not liable for deviations, errors, or defects that remain unnoticed in proofs approved or corrected by the client. Any proof produced at the client’s request will be charged in addition to the agreed price, unless it has been explicitly agreed that the cost of these proofs is included in the price.

4.3. The client is obliged to examine the delivered work promptly after receipt to verify whether Boer & Van Wijk has properly performed the agreement and to notify Boer & Van Wijk in writing immediately if otherwise. 

This examination and notification must occur within 8 days of delivery, under penalty of forfeiting the right to claim otherwise. The performance of Boer & Van Wijk is considered proper between the parties if the client has used, processed, or delivered the delivered items to third parties, unless the client has complied with the provisions of paragraph 1 of this article.

4.4. If it has been agreed that the client will supply materials or products for printing or processing, the client must ensure that these are delivered timely and in a condition suitable for normal, planned production. The client shall request instructions from Boer & Van Wijk regarding such delivery.

4.5. In addition to the materials or products required for the agreed performance, the client must also provide a reasonable amount for testing, trial runs, etc. The client shall request Boer & Van Wijk’s specifications for the required quantity and ensures that sufficient material is supplied. Confirmation of receipt of the materials or products by Boer & Van Wijk does not imply acknowledgment that a sufficient quantity, or the quantity indicated on transport documents, has been received.

4.6. Boer & Van Wijk is not obliged to examine the suitability of the materials or products supplied by the client prior to printing or processing. Boer & Van Wijk is not liable for errors or unforeseen processing difficulties related to the quality of materials supplied or specified by the client. Likewise, Boer & Van Wijk is not liable for errors resulting from discrepancies between an initial sample shown to Boer & Van Wijk and the materials or products subsequently supplied by the client for the full order.

4.7. Boer & Van Wijk does not guarantee properties such as durability, adhesion, gloss, color, lightfastness, or wear resistance if the client has not provided these specifications and information about the nature of supplied materials or products, including pre-treatments and surface treatments, at the time of entering the agreement.

4.8. Unless explicitly agreed otherwise, Boer & Van Wijk cannot be held liable for detachment, smearing, changes in gloss or color, or damage to materials and products supplied by the client that have undergone pre-treatment, such as varnish, lacquer, or anti-smudge powder. Boer & Van Wijk also does not guarantee durability, gloss, color, or wear resistance beyond two years.

4.9. Boer & Van Wijk is entitled to dispose of remnants such as cutting waste from materials and products supplied by the client as if they were its own property. Upon request, the client is obliged to collect any unused materials and products, as well as the aforementioned remnants, from Boer & Van Wijk.

5.1. Boer & Van Wijk shall perform the work to be carried out under the given assignment with due care, in accordance with the standards of good craftsmanship.

5.2. If the assignment includes the installation or attachment of constructions, advertising boards, light boxes, or similar items, the client must ensure that any necessary permits have been obtained and that all other legal or regulatory requirements have been met. The client shall indemnify Boer & Van Wijk against any liability arising from the absence of such permissions. This circumstance does not imply that Boer & Van Wijk has failed to fulfill any obligations under the agreement.

5.3. Boer & Van Wijk determines the manner in which the assignment is executed. This does not affect the client’s responsibility to ensure that, in cases where the work involves attaching items to other objects, these objects are suitable for that purpose. Boer & Van Wijk may rely on the client having properly fulfilled their duty to investigate and disclose relevant information. Boer & Van Wijk has no obligation to conduct such investigations, and such investigations are expressly not part of the work to be performed under the assignment, unless explicitly agreed otherwise in writing (including via email). For inherently fragile items, such as windows, any damage occurring during or shortly after the execution of the assignment is presumed to result from the unsuitability of these items, not from the manner in which the assignment was performed.

5.4. If the assignment involves work on scaffolding anchored in the ground or otherwise attached to buildings or walls, the client guarantees that no cables, pipes, conduits, posts, or other obstacles are present at the location, and that the walls or ground can support the intended construction. The client has the responsibility to investigate and disclose this information; Boer & Van Wijk does not.

5.5. Boer & Van Wijk has the right to subcontract the assignment, or parts thereof, to third parties not employed by them, without prior notice to the client, if this is deemed to promote efficient or effective execution of the assignment.

5.6. Delivery dates are target dates and are always indicative.

6.1. The client guarantees that the execution of the assignment by Boer & Van Wijk does not infringe upon the (intellectual) property rights of third parties. The client shall indemnify Boer & Van Wijk and hold them harmless against all claims by third parties in this regard, including the costs of legal defense.

6.2. Unless explicitly agreed otherwise in writing, Boer & Van Wijk shall, upon receipt of full payment of all outstanding invoices, transfer any intellectual property rights in the works to the client as far as possible. Boer & Van Wijk does not guarantee that the works are actually protected by any intellectual property rights.

6.3. After delivery, Boer & Van Wijk acquires a non-exclusive right to use the works it has created (including publication and reproduction) in its promotional materials (digital, online, or otherwise) in the context of its normal business operations.

7.1. The liability of Boer & Van Wijk for damage suffered by the client as a result of a demonstrable attributable shortcoming in the fulfillment of its obligations under the agreement, including any failure to fulfill a warranty obligation agreed with the client, or as a result of unlawful acts by Boer & Van Wijk, its employees, or third parties engaged by it, is limited to compensation for direct damage up to the amount actually paid out by Boer & Van Wijk’s insurer. If no payment is made by the insurer, the liability for direct damage of Boer & Van Wijk, its subcontractors, and its employees/directors shall in all cases be limited to an amount equal to the agreed fee for the relevant (part of the) assignment (excluding VAT).

7.2. In any case, the total liability of Boer & Van Wijk for direct damage, regardless of the legal ground, shall not exceed €10,000 per incident or series of related incidents, with a maximum of €25,000 per calendar year.

7.3. Boer & Van Wijk shall not be liable for indirect or consequential damage, including but not limited to loss of profit, damage resulting from late performance of the agreement, transportation costs abroad, damage due to loss or mutilation, missed savings, business interruption, or damage resulting from disruption of business processes or administrative organization.

7.4. Liability of Boer & Van Wijk for an alleged attributable shortcoming in the performance of the agreement or alleged unlawful acts shall only arise if the client notifies Boer & Van Wijk in writing immediately after discovering such shortcoming, specifying a reasonable period to remedy the default, and Boer & Van Wijk still fails to fulfill its obligations after that period. The notice of default must include as detailed a description of the shortcoming as possible to allow Boer & Van Wijk to respond appropriately.

7.5. Boer & Van Wijk shall not be liable for any damage arising from or after the client has taken the delivered items into use, processed or modified them, supplied them to third parties, or caused them to be used, processed, or supplied to third parties.