Terms and Conditions

Terms and Conditions GMTO Alkmaar B.V.

 

GMTO Alkmaar BV

Kosterij 24

1721PN

Broek op Langedijk

 

Hereinafter referred to as GMTO,

 

Definitions:

Buyer: buyer of the products and / or services that GMTO offers

 

1  General

  1. These General Terms and Conditions apply to any offer, quotation or agreement between GMTO and a Buyer.
  2. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the other provisions in these general terms and conditions will remain fully applicable. GMTO and the Buyer will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby the purpose and purport of the original provisions are observed as much as possible.
  3. If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, then the explanation must take place "in the spirit" of these provisions. Likewise, if a situation arises between the parties that is not regulated in these General Terms and Conditions, then this situation will be assessed in the spirit of these General Terms and Conditions.
  4. If GMTO does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that GMTO would lose the right to strictly observe the provisions of these General Terms and Conditions in other cases. to desire.

2  Quotations and offers regarding the purchase of products and services

  1. All quotations and offers from GMTO are without obligation. A quotation or offer expires if the products and / or services to which the quotation or offer relates are no longer available in the meantime.
  2. GMTO cannot be held to its quotations or offers if the Buyer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error.
  3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including shipping and handling costs, unless stated otherwise.
  4. If the acceptance deviates (whether or not on minor points) from the offer included in the quotation or offer, GMTO is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless GMTO indicates otherwise.

 

3  Delivery

  1. After the purchase agreement for the products has been concluded, the product will be delivered to the buyer. Delivery takes place ex GMTO company, unless otherwise agreed. The Buyer is obliged to accept the goods when they are made available to him. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, GMTO is entitled to act at its own discretion at the expense and risk of the Buyer.
  2. Delivery times can only be indicated approximately and are not binding. Exceeding the term does not entitle the Buyer to cancellation of the agreement or compensation.
  3. If the parties agree that GMTO provides and delivers the transport of products and / or services on location, both the costs and the risk during the transport are for the account of the customer.

 

4  Payment and collection

  1. Payment must be made within 14 days after the invoice date. The customer is not entitled to set off a claim against GMTO against the amounts charged by GMTO.
  2. GMTO has the right to invoice delivered goods or still to be delivered goods per partial delivery.
  3. If the Buyer fails to pay an invoice on time, the Buyer is in default by operation of law. The Buyer then owes interest of 8% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due amount will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount due.
  4. GMTO has the right to have the payments made by the Buyer extend in the first place to reduce the costs, then to reduce the interest that has arisen and finally to reduce the principal sum and the accrued interest.
  5. GMTO can, without being in default, refuse an offer for payment if the Buyer indicates a different order for the allocation of the payment. GMTO can refuse full payment of the principal sum, if the open and accrued interest and collection costs are not also paid.
  6. The Buyer is never entitled to set off the amount due to GMTO.
  7. Objections to the amount of an invoice do not suspend the payment obligation. The Buyer who cannot invoke Section 6.5.3 (Articles 231 to 247 Book 6 of the Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
  8. If the Buyer is in default or omission in the (timely) fulfilment of his obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the buyer. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice. However, if GMTO has incurred higher costs for collection that were reasonably necessary, the costs actually incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Buyer. The Buyer also owes interest on the collection costs owed.

5  Warranty and Liability

  1. The products supplied by GMTO meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the European Union.
  2. GMTO guarantees that the hardware it supplies is free from design, material and manufacturing defects for a period of 12 months after delivery.
  3. The warranty for delivered products does not extend further than to the repair of the delivered hardware or the free delivery of new parts (direct damage). All this is at the discretion of GMTO.
  4. Consequential or indirect damage cannot be recovered from GMTO. Any liability of GMTO never extends to consequential or indirect damage.
  5. If the guarantee referred to in paragraph 2 applies and the item shows a defect, GMTO will repair and/or replace the item within 30 days after the Buyer has reported the defect in writing.
  6. Products that are sent to us for a warranty assessment must be sent to GMTO carriage paid and at your own risk. The return of these products must take place in consultation with GMTO and in a properly packaged manner.
  7. The warranty expires if the Buyer has caused the damage by improper handling of a product.
  8. The Buyer must demonstrate that the item shows a defect within the warranty period to which this warranty applies.
  9. Any claim under warranty expires if the Buyer or third parties carry out or have carried out or repairs or work on the delivered goods without written permission from GMTO.
  10. After expiry of the warranty period, all costs for repair or replacement, including administration and shipping costs, will be charged to the Buyer unless otherwise agreed.
  11. GMTO is not liable for the damage if the side has insured against the damage in question or could reasonably have insured it.

 

6  Processing of personal data by GMTO.

  1. For the benefit of its services, GMTO may process personal data of participants. GMTO will only use the personal data of natural persons that are stored by GMTO for the execution of the subscription, the order or the agreement, or any other within 36 months after termination of the aforementioned product or service.
  2. All use of the personal data provided by the Buyers is in accordance with applicable laws and regulations, including the general data processing regulation that came into effect on May 25, 2018.
  3. GMTO is neither responsible nor liable for the correctness of the personal data that is supplied by the Buyer to GMTO or made available by GMTO, is entered and stored or for the way in which the Buyer has access to the aforementioned has arranged personal data.
  4. The Buyer indemnifies GMTO against all claims, also from third parties, with regard to, the use of, the personal data as stored by or on behalf of the Buyer in the applications made available by or on behalf of GMTO.

7  Defects and deadlines for complaints

  1. The Buyer must examine the purchased product(s) upon delivery – or as soon as possible afterwards. In doing so, the Buyer must check whether the goods delivered comply with the agreement, namely: whether the correct goods have been delivered and whether the goods delivered correspond with what has been agreed.
  2. If visible defects or shortages are found, the Buyer must report these to GMTO in writing within 8 days after delivery. In case of later notification, the Buyer is no longer entitled to compensation. Invisible defects must be reported to GMTO in writing within 8 days after discovery and delivery. Even if the Buyer makes a timely complaint, his obligation to pay and purchase orders placed remains. Goods can only be returned to GMTO after prior written permission.
  3. When returning articles, the property right under all circumstances reverts to GMTO.

 

8  Force of the majority

  1. GMTO is not obliged to fulfil any obligation towards the Buyer if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and on its behalf under the law, a legal act or generally accepted beliefs coming.
  2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which GMTO cannot exert influence, but as a result of which GMTO is unable to fulfil its obligations come.
  3. GMTO can suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.

9  Suspension, dissolution and early termination of the agreement

  1. GMTO is authorized to suspend the fulfilment of the obligations or to dissolve the agreement,

in the event that:

  • the Buyer does not, not fully or not timely fulfil the obligations under the agreement;

 

  • the Buyer does not fulfil due and payable obligations under related agreements;

 

  • circumstances that have become known to GMTO after the conclusion of the agreement give good reason to fear that the Buyer will not fulfil its obligations;

 

  • The Buyer was asked to furnish security for the fulfilment of his obligations under the agreement when the agreement was concluded and this security is not provided or insufficient.

 

  • If, due to the delay on the part of the Buyer, GMTO can no longer be expected to fulfil the agreement under the originally agreed conditions, GMTO is entitled to dissolve the agreement.

 

  1. GMTO is further authorized to dissolve the agreement if circumstances arise which are of such a nature that fulfilment 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 assumed by GMTO are required.
  2. If the agreement is dissolved, the claims of GMTO on the Buyer are immediately due and payable. If GMTO suspends the fulfilment of the obligations, it retains its rights under the law and agreement.
  3. If GMTO proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way.
  4. If the dissolution is attributable to the Buyer, GMTO entitled to compensation for the damage, including the costs, caused directly and indirectly as a result.
  5. If the Buyer does not fulfil its obligations arising from the agreement and this non-compliance justifies dissolution, GMTO is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the Buyer, due to breach of contract, is obliged to pay compensation or indemnification.
  6. If the agreement is terminated prematurely by GMTO, GMTO will consult with the Buyer about the further work to be performed on the agreement concerned, including any transfer to third parties. This is unless the cancellation is attributable to the Buyer. If any transfer of the work to third parties entails additional costs for GMTO, these will be charged to the Buyer. The Buyer is obliged to pay these costs within the specified period, unless GMTO indicates otherwise.
  7. In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment – if and insofar as the attachment is not lifted within three months – at the expense of the Buyer, of debt restructuring or any other circumstance that prevents the Buyer from can freely dispose of its assets for longer, GMTO 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 of indemnification. The claims of GMTO on the Buyer are in that case immediately due and payable.

10  Retention of Title and Reverse Engineering

  1. GMTO reserves the ownership of the delivered products and services until the purchase price of these goods has been paid in full by the Buyer.
  2. Apart from mandatory legal exceptions, reverse engineering of the GMTO products and the software present thereon is not permitted without the prior written permission.
  3. The E-learning developed by GMTO remains the property of GMTO at all times.

All rights to further duplication in any form are reserved by GMTO.

  1. The customer is not authorized to pledge, otherwise store or transfer the products and services delivered subject to retention of title, as long as the ownership thereof has not been fully transferred to it.
  2. Materials, models, techniques, methods, instruments, software, film, video and such that are (partly) supplied and used by GMTO for the implementation of the agreement or that have been or will be created as a result of the implementation of the agreement, are or will arise, are, remain or will become or remain the full intellectual property of GMTO. Irrespective of the Buyer’s contribution to actions that GMTO has carried out for the implementation of the agreement.

11  Price increase and specification changes

GMTO is entitled to change the prices and specifications of products and services as stated on www.gmto.nl at any time they choose. Price increases and specification changes are valid and applicable from the moment they are visible as such on www.gmto.nl

12  Training and training concepts

  1. To register for the GMTO training concept, use can only be made of the attached registration form or via our website www.gmto.nl.
  2. The degree program mentioned on the registration form has a duration stated with the choice made.
  3. When paying per course year, the fee must be paid in the month prior to the start of the first module. When paying per month, (monthly) invoicing starts in the month on which the first module starts.
  4. GMTO will send the Buyer a confirmation of receipt of the application. After completing the annual plan, the Buyer receives an overview of the dates on which the modules are given and, if known, the locations are mentioned. At the latest two weeks before the start of the course module, the Buyer will receive a reminder with further details about the course.
  5. Cancelling a planned course module can only be done in writing. If it appears that there is a plausible reason for cancelling the planned module, the student will be reassigned to a subsequent planning for the module in question.
  6. Cancellations can only be reported in writing up to two weeks before the start of a course module. The student will then be given the opportunity to make up for the module. In case of cancellation within two weeks before the start of the course, the Buyer owes the entire amount to GMTO.
  7. After mutual consultation, a deregistered participant can be replaced at no additional cost by an employee of the same employer as the initially registered participant. This new participant must be registered in writing.
  8. GMTO reserves the right to postpone scheduled course modules due to an insufficient number of participants in GMTO's opinion.
  9. If during a course it turns out that the student does not have the prior knowledge required for the course, this will not result in a refund of participation fees.

 

13 Applicable Law

Dutch law applies to every agreement between GMTO and the buyer.

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