Terms of Delivery
I General
Article 1 - Applicability.
These terms of delivery apply to all services, goods or materials supplied by Bulb Quality Support B.V. (BQ Support) in the broadest sense of the word. The agreement between BQ Support and the course participant or purchaser of an article or good to be supplied by BQ Support is established as soon as one has registered for a course, made a payment or taken delivery of goods or articles. By entering into the agreement, client and customer further agree to the terms and conditions stated below.
Article 2 - Assignment and/or enrollment
All assignments or tenders must be in writing. All information relevant to the assignment or tender must be included.
Article 3 - Delivery periods
Indication of delivery periods or of any other period within which BQ Support must meet its obligations will be made to the best of its knowledge, but such indication will never be a deadline, unless expressly stipulated otherwise. In the event of late delivery or compliance, the client must give BQ Support written notice, whereby BQ Support will still be granted a reasonable extension of the delivery period. If in the execution of the agreement BQ Support depends on information and/or data from the client and the client has failed to make such information and/or data available (on time) to BQ Support, BQ Support will again determine a delivery period. BQ Support will determine this new delivery period on the basis of its overall project schedule.
If the client remains in default in supplying the information and/or data referred to in the previous paragraph for a period longer than 30 days after giving the order, BQ Support is entitled to dissolve the agreement. In that case the client shall be obliged to reimburse BQ Support for the costs incurred in the execution of the agreement.
Article 4 - Copyright and image rights
Copyright and image rights to the brochures and project materials published by BQ Support are vested in BQ Support, unless expressly stated otherwise. No data from any material will be published and/or reproduced in any way by the client without the express written permission of BQ Support.
Article 5 - Confidentiality
BQ Support will, with respect to the use of the information provided or coming to its knowledge in the assignment relationship, exercise all care that can reasonably be required. If the client indicates that information is of a confidential nature, BQ Support will treat it as such.
Results of laboratory tests will be disclosed only to the client, unless the client gives express permission to make results available to third parties.
Article 6 - Liability
BQ Support makes every effort to perform the given assignments to the best of its knowledge and ability. However, plant material is a natural product in which external circumstances may influence the outcome of a test. BQ Support accepts no liability to the client for any damage other than in the event that its liability insurance covers the damage and insofar as the insurer makes payment in such cases. By attending a course or purchasing and using any item or service, the buyer or user accepts full responsibility. BQ Support will never be liable for damage, which is the result of: - any failure by the client to comply with its obligations, including providing adequate cooperation in the execution of the agreement. - incorrect and/or incomplete and/or untimely information provided by the client. Client guarantees the accuracy and completeness of the information essential for the project. BQ Support will not be held liable if the client has the possibility, in respect of the occurrence of the damage, to appeal directly to his insurance company or that of a third party.
Article 7 - Payment
BQ Support will charge the fees owed by the client by means of an invoice. Payment must be made to the bank or giro account specified in the invoice without suspension or set-off on account of a (presumed) failure by BQ Support. The client is always obliged in the event of failure to comply on time to reimburse BQ Support for all judicial and extrajudicial collection costs reasonably incurred, including the costs of collection agencies, as well as costs actually incurred and the wages of bailiffs and lawyers, even if these exceed the procedural costs awarded by law.
Article 8 - Suspension and dissolution
If the client fails to pay within the agreed period, he will be in default without any notice of default. From the due date BQ Support is always entitled to charge statutory interest. If payment is not made on time, BQ Support is entitled to suspend performance of the assignment immediately. BQ Support has the right to refuse participation by the client or the participant designated by the client in a project or course or to suspend the execution of the assignment or to dissolve the agreement if the client has not fulfilled his obligation to pay on time, without prejudice to the provisions of article 7. The assignment between BQ Support and the client may be terminated by either party by registered letter with immediate effect if: a) the other party has applied for a moratorium or b) a petition has been filed for the other party's bankruptcy or c) force majeure.
Article 9 - Applicable law and competent court
Dutch law applies to all agreements between BQ Support and the client. Disputes arising from agreements to which these conditions apply and which do not fall within the jurisdiction of the district court will be submitted to the court in Alkmaar.
II Training
Article 10 - Cancellation of assignment by client
Cancellation must be made by written notice to BQ Support, which must be received by BQ Support at least 4 weeks before the start of the course. Timely cancellation does not prevent administrative costs from being charged. No refund will be given in the event of early termination of the course by the participant or if the above-mentioned term is exceeded.
Article 11 - Replacement/cancellation
The client or the participant designated by the client may have another person participate in the project or course in place of the registered participant by mutual agreement, if BQ Support is notified of this no later than 2 days before the start of the course. Replacement of a participant in a course must be confirmed in writing. BQ Support reserves the right to cancel courses in case of insufficient participation.
Article 12 - Payment
The course fee includes materials belonging to the course, the use of equipment and coffee or tea. Travel and accommodation expenses are the responsibility of the client. The course fee does not include VAT. Different rates apply for customized and specially adapted courses. Participation in a course is only possible if the course fee is paid no later than two weeks before the start of the course.
III Antisera and positive control
Article 13 - Transportation
Transportation of antisera and positive control will be done by BQ Support by a suitable express service. The costs incurred for this will be borne by the client. Transport is not at the risk of BQ Support. If goods are damaged during transport, claims must be submitted to the carrier.
Article 14 - Use of reagents
Reagents are produced by experts for laboratory use. Clients ordering and receiving antisera and/or positive control are fully responsible for how these reagents are used, stored and any misuse of these products. BQ Support assumes no liability in the event of improper use of the reagents or when used on humans or animals. Customer is personally responsible to verify that it is authorized to receive and use the reagents. In case of doubt, we recommend contacting the local authority in this regard.
IV Virus testing
Article 15 - Supply of samples
Client is responsible for the proper delivery of the samples to be tested and taking a representative sample if applicable. Samples will only be tested for the presence of the pathogens indicated by the submitter. BQ Support reserves the right not to test delivered samples
if they are not delivered correctly or the material to be tested gives reason to assume that the results will not be representative. Samples will be destroyed after testing unless otherwise agreed.
Article 16 - Review
All tests performed by BQ Support are based on the technology available at that time. BQ Support is not responsible for failure to detect pathogens due to insufficient sensitivity of the test or influences on it from the plant material. Advice from the
side of BQ Support on the application of tests for relevant pathogens is based on findings in Dutch cultivation areas on the basis of the knowledge available at that time.
Article 17 - Extinction values
Displayed absorbance values are measurements recorded simultaneously with the first visual inspection of the assignment results of ELISA virus tests. The results of the first and second visual inspection of the assignment results are leading. The absorbance values can be used by the client as an indicative guide.
Buyer agrees that all deliveries shall be made as stated in these terms of delivery.