5692 DR Son en Breugel
hereinafter referred to as: PresTop
Article 1. Definitions
In these General Terms & Conditions, the following terms are defined:
PresTop: the user of these General Terms & Conditions;
client: PresTop's counterparty, i.e. any party that enters into a hire, purchase or any other agreement with
PresTop as well as any party that enters into negotiations with PresTop.
Article 2. Applicability of these General Terms & Conditions
2.1. These General Terms & Conditions and the PresTop’s privacy statement as published on PresTop’s website
(www.prestop.de/disclaimer/) are applicable to all quotes, performances, services and supplies of PresTop as
well as to all agreements between PresTop and its clients, insofar as both parties have not explicitly deviated
from these conditions in writing.
2.2. Each assignment to, order from or agreement with PresTop is expressly deemed to include the
acknowledgement and full acceptance of PresTop’s General Terms & Conditions.
2.3. These General Terms & Conditions also apply to agreements with PresTop for the performance of which
PresTop is required to engage third parties.
2.4. The applicability of the client’s general terms & conditions, under any name, is hereby expressly excluded,
unless the parties have expressly agreed otherwise in writing.
Article 3. Quotations/offers
3.1. All quotes by PresTop are without obligation and will expire after 30 calendar days.
3.2. Notwithstanding the provisions of Book 6, Article 225(2) of the Dutch Civil Code, PresTop will not be bound
by any changes made by the client to PresTop’s quote, unless the parties expressly agree so in writing.
3.3. Delivery times and other deadlines mentioned in PresTop's quotes for performances and/or work to be
carried out by PresTop are only indicative and informative; exceeding these delivery times or deadlines does
not entitle the client to compensation or to terminate the agreement.
3.4. Unless stated otherwise, the prices quoted by PresTop are based on performance during normal working
hours and exclusive of transport, delivery and installation costs, VAT and other government levies. The prices
listed in PresTop’s quotes are based on conditions at the time of preparing the quote. PresTop is entitled to
adjust the prices to reflect any increase in factory prices and/or other price-increasing conditions in the period
between drawing up the quote and concluding the agreement.
3.5. In the case of a composite quotation, PresTop is under no obligation to deliver part of the products
included in the quote at a corresponding part of the quoted price, nor is the quote automatically valid for any
3.6. Once the client has accepted a quote from PresTop, agreements only become binding and final once
PresTop has issued a written confirmation or has started with the agreed performance.
3.7. Information in brochures, illustrations, drawings, etc. are not binding unless expressly confirmed otherwise
in writing by PresTop.
3.8. Designs, models, scale models, drawings, etc. designed and/or produced by PresTop remain the property
of PresTop under all circumstances. The client hereby guarantees that the aforementioned designs, models,
scale models, drawings, etc. will not be duplicated, shown, disclosed and/or used by third parties, except with
the express written consent of PresTop.
3.9. If the designs, models, scale models, drawings, etc. designed and/or produced by PresTop are nevertheless
duplicated, shown, disclosed and/or used without the express written consent of PresTop, the client will forfeit
an immediately payable fixed fine equal to the amount of 5 times the value – as calculated by PresTop – of the
order to which these designs, models, scale models, drawings etc. relate or for which they have been used,
without prejudice to PresTop’s right to claim full compensation for the damage suffered.
Article 4. Hire
4.1. Hire period: products are hired for a period of at least one day or a multiple thereof unless expressly
agreed otherwise in writing. The hire period starts on the first hire day at the agreed time of delivery ex
warehouse, unless otherwise agreed, and ends on the last agreed hire day.
4.2. Collection and return by the client: unless explicitly agreed otherwise in writing, hired products must be
collected by the client from PresTop’s registered address; hired products must be returned by the client by
10:00 on the first working day after the last hire day to PresTop’s registered address, unless explicitly agreed
otherwise in writing.
4.3. Late return: the client is in default by the mere fact of not returning the hire equipment on time, without
any reminder or formal notice being required. The client is then, without prejudice to its other obligations,
obliged to pay PresTop compensation equal to the hire price that the client would have paid for the period
from the end of the hire period up to the day on which the hired equipment is returned, plus a 50% surcharge,
without prejudice to PresTop's right to claim full compensation for the damage it has suffered. The client
cannot derive any right from this provision to extend the agreed hire period.
4.4. Insurance: the client is liable for all damage to the hired products that occurs during the hire period, for
any reason whatsoever. However, PresTop will insure the hired products on behalf of the client if this has been
expressly agreed in writing by the parties. This insurance safeguards against loss and damage of the hire
equipment, but not against damage caused by negligence, incorrect use, intent or gross negligence on the part
of the client, for which the client is fully liable. PresTop will charge the client for this service. If the hired
products or components thereof are lost, partially damaged or irreparably damaged because of negligence,
incorrect use, intent or gross negligence on the part of the client, then the cost of repair – if repair is
reasonably possible – will be passed on to the client at the normally applicable repair rates. If repair is not
reasonably possible, the client is obliged to pay PresTop an amount equal to the cost of purchasing new
replacement equipment and any other costs relating to the replacement. In case the insurance that was taken
out on behalf of the client has made a payment, PresTop will pass on the excess as well as any costs to the
4.5. Cancellation: the cancellation of the rental must be made in writing at least 7 working days before the start
of the rental period. In that case, the client will still owe a fee for the (programming) work already carried out
by PresTop up to the moment of receipt of the cancellation, with more specific reference to software
configurations already carried out by or on behalf of PresTop with a view to the intended rent. This
compensation will equal to the number of hours actually spent on these configurations, multiplied by the
hourly rate customary in the PresTop industry. In the event of cancellation within this 7-day period, (a) 50% of
the agreed total rental price will be charged, as well as (b) the aforementioned fee relating to work already
Article 5. Delivery/handover
5.1. Unless otherwise agreed, delivery is ex warehouse.
5.2. In the event of delivery on-site, the client is obliged to take delivery of the hired/purchased goods at the
time they are delivered to the client or at the time they are made available to the client in accordance with the
5.3. If the client refuses to take delivery of the purchased products or fails to provide information or
instructions that are necessary for (timely) delivery, the purchased products will be temporarily stored at the
client’s risk and expense. In that case, the client will owe all additional costs, including in any case storage costs
(at least 10% of the agreed invoice amount or the actual costs if these are higher).
5.4. PresTop is entitled to make partial deliveries of the hired/purchased products. This is not the case if partial
delivery is not of any value on its own. In the case of partial deliveries, PresTop is entitled to invoice each
5.5. If the agreement includes the installation and/or assembly of products purchased from PresTop and/or
products designed and/or manufactured by PresTop on behalf of the client, the following will apply:
- handover of projects carried out by PresTop is in all cases considered to have taken place at the time when
PresTop delivered the products to the client and indicated that the installation and/or assembly has taken
- non-acceptance of handover as referred to above does not exempt the client from its obligation to pay.
Article 6. Delivery time
6.1. Delivery times listed by PresTop are always approximate and are never strict deadlines.
6.2. In case of late delivery, the client must send PresTop a written notice of default and give PresTop a
reasonable period of time in which to still fulfil its obligations.
6.3. The client is not entitled to terminate or suspend the agreement until the reasonable period of time
referred to in article 6.2. has expired. Exceeding the delivery time can never, not even after a notice of default,
give rise to a claim for compensation unless this has been explicitly agreed in writing.
6.4. The delivery time specified by PresTop does not start until it has been provided with all the necessary
Article 7. Technical requirements
7.1. If products that are delivered in the Netherlands are to be used outside the Netherlands, PresTop will not
be responsible for ensuring that the delivered products meet the technical requirements, standards and/or
regulations set by laws or regulations in the country where the products are to be used, unless this has been
explicitly agreed in writing.
7.2. All other technical requirements imposed by the client on the products to be delivered that differ from the
normal requirements must be expressly specified in writing at the time of concluding the agreement.
Article 8. Samples, models and examples
If PresTop has shown and/or provided a model, sample or example, this is only deemed to have been shown or
provided by way of indication. The characteristics of products to be delivered may deviate from the sample,
model or example, unless it has been explicitly agreed otherwise in writing that the products will be delivered
in accordance with the sample, model or example shown or provided.
Article 9. Termination of the agreement
9.1. An agreement between PresTop and the client can be terminated immediately by PresTop if:
- PresTop becomes aware of circumstances that give it good reason to fear that the client will not fulfil its
obligations after it has concluded the agreement;
- PresTop asked the client, at the time of concluding the agreement, to provide security (for example, a deposit
or an advance payment) and this security has not been provided or is insufficient despite the client having
received a summons.
In the aforementioned cases, PresTop is entitled to suspend the further performance of the agreement or to
terminate the agreement, whereby the foregoing is without prejudice to PresTop’s right to claim full
9.2. If circumstances arise with regard to persons and/or materials used, or normally used, by PresTop for
performing the agreement which are of such a nature that performance of the agreement becomes impossible
or problematic and/or disproportionately expensive to the extent that performance of the agreement can no
longer be reasonably demanded, PresTop is also entitled to terminate the agreement.
9.3. Termination of the agreement by PresTop will never lead to a liability to pay damages on the part of
9.4. The client can only cancel and/or terminate an agreement concluded with PresTop with the express
written consent of PresTop and only if the client is prepared to reimburse the costs that have already been
incurred, including the costs of loss of profit, which costs amount to at least 50% of the agreed invoice value,
without prejudice to PresTop’s right to recover the actual damages from the client.
Article 10. Guarantee
10.1. If PresTop explicitly offers the client a guarantee in writing, this guarantee will be valid for the duration
specified in the quote or agreement. If PresTop explicitly offers the client a guarantee in writing without stating
a period, a guarantee period of 6 months will apply.
10.2. If the client invokes a guarantee, it must explicitly notify PresTop in writing within 3 calendar days after
the shortcoming has become apparent. The client must include the invoice or order number. The client must
also include the serial number of the product if the product has a serial number. The client will give PresTop the
opportunity to inspect the product.
10.3. At PresTop’s request, the client will return the product to PresTop, carefully packaged, at its own
expense. If PresTop offers to inspect the product at the client’s location, the client must ensure that the
location and the product are accessible. The following applies when working on location: if the client has
purchased the assembly and/or installation service from PresTop, any disassembly and reassembly work will be
at PresTop’s expense. If the client purchased the product without the assembly and/or installation service by
PresTop, any disassembly and reassembly work will be at the client’s expense. If the inspection shows that
there is no defect, PresTop will be entitled to charge the client a reasonable fee for the inspection and costs for
returning the product.
10.4. If there is a proven defect within the guarantee period, PresTop will offer a repair or replacement, at
PresTop’s discretion. In that case, transporting the repaired or replacement product from PresTop to the client
will be at PresTop’s expense.
10.5. The guarantee does not apply to any cosmetic damage not affecting the functionality of the product.
Likewise, the guarantee does not apply to materials that wear out with normal use, such as batteries, cables
and wheels. Likewise, there is no guarantee in respect of damage caused by careless or improper use or
damage caused during transport that is not carried out by PresTop.
10.6. The guarantee will in no circumstance extend beyond the repair or replacement of the product nor does
it extend beyond the delivery of at least equivalent components, while PresTop will never be liable for any
damage suffered by the client in this matter.
10.7. If the guarantee is for a product that is manufactured by a third party, the guarantee will be limited to the
manufacturer's guarantee for that relevant product.
Article 11. Reservation of title
11.1. Delivery takes place under reservation of title, in the sense that products are delivered by PresTop under
the suspensive condition that the client fully complies with its existing obligations vis-à-vis PresTop at any time.
The reservation of title is stipulated for all claims relating to PresTop's compensation for products delivered or
to be delivered to the client, for work carried out or to be carried out for the benefit of the client as well as for
claims due to shortcomings of the client in the fulfilment of such agreements, including compensation for
damages and compensation for judicial and extrajudicial costs, interest, fines and penalty payments.
11.2. Products delivered by PresTop that fall under reservation of title by virtue of paragraph 1 may only be
resold within the framework of normal business operations and may never be used as a form of payment.
11.3. The client is not entitled to pledge the products under reservation of title, nor entitled to encumber them
in any other way.
11.4. The client hereby unconditionally and irrevocably authorises PresTop or a third party designated by
PresTop, in all cases in which PresTop wishes to exercise its ownership rights, to access all locations where
PresTop's property is located at that time and take the property back.
11.5. If third parties wish to establish or assert any right to the products delivered by and/or hired from
PresTop under reservation of title, the client is obliged to explicitly inform PresTop in writing as soon as can
reasonably be expected.
11.6. The client is obliged to insure the products delivered under reservation of title and to keep them insured
against fire, explosion and water damage as well as theft and to submit the corresponding insurance policy to
PresTop for inspection at the first request.
Article 12. Defects; time limit for filing a complaint
12.1. The client must inspect the purchased/hired goods immediately upon delivery, or arrange for this
inspection to be carried out. The client must check whether the delivered items comply with the agreement,
- the correct items have been delivered;
- the delivered items correspond in terms of quantity (e.g. the quantity and the number) with what has been
- the delivered items meet the agreed quality requirements or – if there were none – the requirements that
may be set for normal use and/or trading purposes of the items.
12.2. If visible defects or shortcomings are detected, the client must notify PresTop of these in writing within 3
calendar days of delivery.
12.3. The client must notify PresTop of hidden defects, expressly and in writing, within 3 calendar days after
they are discovered, but at the latest within 3 months of delivery.
12.4. Any defects in hired products must be reported immediately. If there is a fault in equipment that is
installed (in the Netherlands) by PresTop, this will be rectified free of charge. Outside the Netherlands, this will
only be possible if this has been agreed in writing before the hire period. However, if the faults are the result of
self-installation of equipment and/or software, then call-out charges and labour costs will be charged.
12.5. If a complaint has not been lodged during the hire period, in any manner whatsoever, about the product
not functioning or not functioning properly, a discount on the hire price can never be given.
12.6. Even if the client has lodged a complaint on time, the client's obligation to pay and accept orders it has
already placed continues to apply.
12.7. Products can only be returned to PresTop after prior written permission.
12.8. If the complaints are made too late, all rights of the client lapse. These time limits should, therefore, be
considered as expiry periods.
Article 13. Price/Price Increases
13.1. Unless explicitly stated otherwise, our prices are quoted:
- in euros;
- excluding VAT;
- based on the minimum quantities set by PresTop;
- excluding transport costs;
- ex factory/warehouse.
13.2. If PresTop and the client have agreed upon a certain price, PresTop will nevertheless be entitled to
increase the price if PresTop can demonstrate that significant price changes have taken place between the time
the offer was made and delivery with regard to raw materials, currency and/or wages or otherwise unforeseen
circumstances. Where the performance of the agreement is for a period of more than 1 year, PresTop is
entitled to increase the price annually by the rate of inflation as determined by Statistics Netherlands (CBS) in
the Consumer Price Index.
13.3. If the price increase exceeds 10%, the client has the right to dissolve the agreement. In that case, PresTop
is not liable for damages.
Article 14. Packaging
14.1. The client is obliged to return returnable packaging to PresTop within 14 calendar days, empty, clean and
undamaged. If the client fails to fulfil its obligations regarding packaging, all costs resulting from this will be
borne by the client. Such costs include the costs resulting from the late return and the costs of replacement,
repair and cleaning.
14.2. If the client does not return the returnable packaging within the deadline specified in the reminder it has
received, PresTop is entitled to replace it and to charge the costs to the client, provided that PresTop has
notified the client of these measures in its reminder.
14.3. The packaging of hire products remains the property of PresTop. In the event of missing packaging
material, an amount of at least € 25.00 will be charged for every item for which packaging is missing, without
prejudice to PresTop’s right to recover from the client the actual damage suffered.
Article 15. Payment
15.1. Payment must be made within 14 calendar days from the date of invoice, in the manner to be specified
by PresTop and in the currency in which the invoice was issued.
15.2. PresTop is entitled to ask the client to pay a deposit and/or make an advance payment.
15.3. After expiry of a period of 14 calendar days from the date of the invoice, the client is automatically in
default. From that moment, the client owes interest of 1% per month on the amount due, unless the statutory
(commercial) interest rate is higher, in which case the statutory (commercial) interest rate applies.
15.4. In the event of liquidation, bankruptcy or suspension of payments of the client, the claims and obligations
of the client vis-à-vis PresTop become immediately due and payable.
15.5. Payment must be made without applying any discounts, time extensions or off-set.
15.6. Payments made by the client are always allocated to settle all interest and costs owed and subsequently
to settle the oldest outstanding invoices, even if the client states that the payment relates to a more recent
Article 16. Collection fees
16.1. If the client is in default with regard to fulfilling one or more of its obligations, all judicial and extrajudicial
costs incurred in order to obtain payment are borne by the client. In any event, the client owes 15% of the total
amount to be recovered.
16.2. If PresTop demonstrates that it has incurred higher costs which were reasonably necessary, these are also
eligible for reimbursement by the client.
Article 17. Liability
PresTop is only liable vis-à-vis the client in the following cases:
- For damages as a result of defects in delivered products, only the liability as stipulated in article 10
(Guarantee) of these General Terms & Conditions will apply.
- PresTop is only liable if the damage is caused as a result of intent, gross negligence or wilful misconduct on
the part of PresTop or its employees.
- PresTop’s liability is in all cases limited to the amount paid by PresTop’s insurer for the case concerned, plus
PresTop’s insurance excess.
- If the insurance does not provide cover or does not pay, for whatever reason, and PresTop is liable, PresTop’s
liability is limited to twice the invoice value of the relevant agreement, or at least that part of the agreement to
which the liability relates.
- Under no circumstances will PresTop be liable for any indirect damage of the client, including damage
consisting of loss of turnover or goodwill, damage due to (temporary) stoppages, reduced revenue and lost
Article 18. Force majeure
18.1. In these General Terms & Conditions, force majeure is understood to mean, in addition to the provisions
set out in the law and case law, all external causes, whether or not anticipated, which are outside PresTop’s
control but which prevent PresTop from fulfilling its obligations, including industrial actions in PresTop’s
18.2. During the period of force majeure, PresTop’s delivery and other obligations are suspended. If the period
during which PresTop is unable to fulfil its obligations due to force majeure lasts longer than 2 months, both
parties are entitled to terminate the agreement without any obligation to pay compensation.
18.3. If PresTop has already partially fulfilled its obligation at the time of the force majeure, or can only partly
meet its obligations, it is entitled to invoice the delivered products or deliverable part of the performance
separately, and the client is obliged to pay this invoice as if it were a separate agreement. However, this does
not apply if the delivered product or deliverable part of the performance has no independent value.
Article 19. Dispute settlement
The competent court in the judicial district where PresTop has its registered office has exclusive jurisdiction to
hear all disputes that may arise between the parties. In addition, PresTop has the right to summon the client to
appear before the competent court according to the law.
Article 20. Applicable law
All agreements between PresTop and the client are governed by the law of the Netherlands. The applicability of
the Vienna Convention ('the United Nations Convention on Contracts for the International Sale of Goods' –
CISG) is expressly excluded.
Article 21. Amendments and location of the General Terms & Conditions
21.1. These General Terms & Conditions have been filed with the Chamber of Commerce in Eindhoven.
21.2. The most recently filed version or the version applicable at the time of concluding the relevant agreement
21.3. The invalidity of any provision of these General Terms & Conditions will in no case result in the invalidity
of the other provisions of these General Terms & Conditions.
21.4. The parties undertake to replace invalid provisions with agreements that correspond closely to the invalid
21.5. PresTop is entitled to amend these General Terms & Conditions. The client is deemed to have accepted the
relevant changes if PresTop has not received a written objection within fourteen days after the written
notification by PresTop that the change will take place.
GENERAL TERMS & CONDITIONS – March 2020
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