Article 1 Applicability

1.1 These Terms and Conditions apply to all offers and contracts pursuant to which Forza IT Group B.V., any of its subsidiaries and any related entity, hereinafter referred to as “the Supplier”, delivers goods and/or provides services of any nature whatsoever and under whatever name to the Customer. These Terms and Conditions also apply to all offers and contracts when declared applicable in said offer or contract.

1.2 Departures from and additions to these general terms and conditions shall only be valid if they are agreed between the parties in writing.

1.3 The applicability of the Customer’s purchasing or other conditions is specifically excluded.

1.4 If any provision of these general terms and conditions is null and void or is voided, the other provisions of these general terms and conditions shall remain fully in effect. The Supplier and the Customer shall in this case consult each other for the purpose of agreeing new provisions to replace the null and void or voided provisions.

Article 2 Offers

2.1 All offers and other communications of the Supplier are subject to confirmation unless the Supplier has indicated otherwise in writing. The Customer guarantees that the information that it has provided or that has been provided on its behalf to the Supplier and on which the Supplier has based its offer is accurate and complete.

2.2 The Customer guarantees the Supplier that it enters into contracts with the Supplier in the course of a profession or business. If the Customer informs the Supplier incorrectly about this, all effects and financial consequences of this will be borne by the Customer.

Article 3 Price and payment

3.1 All prices are exclusive of turnover tax (VAT) and other levies imposed by the government. Unless specified and agreed upon otherwise, all prices stated by the Supplier are in euros (EUR) and the Customer must make all payments in euros.

3.2 The Customer may not derive any rights or expectations from a cost estimate or budget issued by the Supplier unless the parties have otherwise agreed in writing. An available budget made known to the Supplier by the Customer shall only apply as a (fixed) price agreed between the parties for the performance to be delivered by the Supplier if this has been expressly agreed in writing.

3.3 Information from the Supplier’s records shall count as conclusive evidence with respect to the performance delivered by the Supplier and the amounts owed by the Customer for delivery of this performance, without prejudice to the Customer’s right to produce evidence to the contrary.

3.4 Sums owed are paid by the Customer according to the agreed payment conditions or the on the invoice mentioned payment conditions. The Customer is not entitled to suspend any payment or to set off amounts due.