BAARS Media General Terms and Conditions of Delivery

This is an English translation provided for convenience. In the event of any discrepancy, the Dutch version shall prevail.

Article 1 - Definitions

1.1 BAARS Media: the sole proprietorship BAARS Media, established in Tilburg, registered with the Netherlands Chamber of Commerce (KvK) under number 23084776, VAT number NL003265285B16.

1.2 Client: the natural or legal person who enters into an agreement with BAARS Media.

1.3 Services: all services and products offered by BAARS Media.

Article 2 - Applicability

2.1 These terms and conditions apply to all offers, quotations and agreements between BAARS Media and the Client.

2.2 Deviations from these terms and conditions are only valid if agreed in writing.

Article 3 - Quotations and offers

3.1 All quotations are without obligation and valid for 30 days, unless stated otherwise.

3.2 BAARS Media cannot be held to a quotation if the Client can reasonably understand that it contains an obvious error.

Article 4 - Performance and amendment of the agreement

4.1 BAARS Media will perform the agreement to the best of its knowledge and ability.

4.2 Changes to the agreement may lead to adjustments in price and delivery time.

Article 5 - Fees and payment

5.1 Payment must be made within 14 days of the invoice date.

5.2 In the event of late payment, the Client is in default by operation of law and owes statutory interest.

5.3 All judicial and extrajudicial collection costs shall be borne by the Client.

Article 6 - Liability

6.1 The liability of BAARS Media is limited to direct damage and to a maximum of the invoice amount of the assignment concerned.

6.2 BAARS Media is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.

6.3 A condition for liability is that the Client promptly and properly gives BAARS Media written notice of default.

Article 7 - Force majeure

7.1 BAARS Media is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.

7.2 The parties may suspend their obligations during the period of force majeure.

Article 8 - Intellectual property

8.1 All intellectual property rights to materials developed or made available by BAARS Media remain with BAARS Media.

8.2 The Client only acquires the rights of use expressly granted by these terms and conditions or otherwise.

Article 9 - Confidentiality

9.1 The parties are obliged to keep confidential all confidential information they have obtained in the context of their agreement.

Article 10 - Applicable law and disputes

10.1 All legal relationships to which BAARS Media is a party are governed exclusively by Dutch law.

10.2 Disputes shall be submitted to the competent court in the district in which BAARS Media is established.

Article 11 - Final provisions

11.1 The most recently issued version of these terms and conditions always applies.

Tilburg, 6 January 2025