General Terms and Conditions Newconomie

1. Definitions and Applicability

In these terms, we mean byNewconomie: the user of these terms. ByCounterpartywe mean any party that enters into an agreement with us or to whom we make an offer. These terms apply to all our quotes, services, and sales. Deviating terms from the counterparty are expressly rejected unless we have agreed otherwise in writing.

2. Quotes and Formation

All our offers are non-binding unless we specify a particular term. A quote is essentially an invitation to enter into negotiations. An agreement is only officially established once we receive a written acceptance or as soon as we have actually begun the execution of the assignment.

3. Rates and Adjustments

Our prices are stated in Euros and are exclusive of VAT and other charges. Newconomie reserves the right to adjust prices if price-increasing factors occur between the time of the quote and delivery (such as increases in labor costs or taxes). If unclear input from the counterparty results in additional work, we are entitled to charge for this.

4. Changes and Cancellation

Changes to the assignment must be communicated in a timely and written manner. If the other party cancels an assignment before we have started? Then we are entitled to charge for the incurred preparation costs and lost profits.

5. Delivery and Deadlines

Delivery will generally take place at the location of Newconomie, unless otherwise agreed. The mentioned deadlines are always indicative. Delays in delivery do not automatically give the other party the right to compensation or cancellation, unless there is intent or gross negligence on our part.

6. Retention of Title

All delivered goods remain the property of Newconomie until the other party has fulfilled all payment obligations. The other party is not allowed to pledge or transfer goods that are still subject to a retention of title to third parties.

7. Payment and Collection

Payment must be made within 14 days of the invoice date. If this period is exceeded, the other party is automatically in default. A late payment interest of 2% per month will then be charged, as well as collection costs (minimum 15% of the principal amount, with a minimum of €500).

8. Warranty and Complaints

Newconomie guarantees the quality of the delivered services according to the agreed specifications. Any defects must be reported in writing within 8 days of discovery. The warranty on hardware is limited to the manufacturer's warranty that we receive ourselves. Warranty is void in case of improper use or modifications by third parties.

9. Liability

Our liability is limited to a maximum of the invoice amount for the relevant assignment. Newconomie is never liable for indirect damage, such as lost profits, loss of revenue, or missed opportunities. We are not responsible for damage caused by incorrect use of software or errors in data provided by the client.

10. Force Majeure

In situations of force majeure (such as fire, strikes, internet disruptions, or government measures), our obligations are suspended. If this period lasts longer than 6 months, both parties may terminate the agreement without compensation.

11. Intellectual Property

All intellectual property rights to the software, designs, advice, and methods developed by Newconomie remain the exclusive property of Newconomie. The other party is granted only a non-exclusive right of use. Reproduction without our permission is not allowed.

12. Applicable Law

Dutch law exclusively applies to all our agreements. Disputes will be submitted to the competent court in the region where Newconomie is located.