General conditions

MeteoVista (hereafter named "MeteoVista") is a statutory company situated in Zeist with its office on the Kwekerijweg 2c, 3709 JA in Zeist. As MeteoVista highly values good service, it is important that there are clear 'rules'. These rules are shown below in MeteoVista's general terms and conditions of supply.

1. General

1. These terms and conditions apply to all tenders, offers and agreements with MeteoVista.
2. Deviations from these conditions only apply when these are expressly agreed in writing by all parties.
3. The applicability of conditions other than these are explicitly rejected.

2. Tender and contract

1. All quotations and /or offers are not binding, unless clearly expressed as irrevocable, and –unless clearly expressed as otherwise- and have a validity of thirty days, calculated from the date of the quotation and/or offer.
2. Contract agreements can only be through written acceptance by MeteoVista, or by the execution of an instruction from MeteoVista.
3. The scope of work under an agreement is determined by the offer, including the changes subsequently made by the tender.

3.  Implementation of the agreement

1. MeteoVista shall execute the agreement to the best knowledge and ability and in accordance to the demands of sound profesionalism. This is based on the current state of scientific knowledge.
2. If and insofar as the proper execution of the contract demands, Meteovista has the right to have certain work done by third parties.
3. The agreement will be implemented within the specified in the offer (estimated) period, unless this is not reasonably feasible. In the event of possible exceedance MeteoVista will consult the client as soon as possible. MeteoVista shall, however, not be in default by just exceeding the limit without notice

4. Intellectual Property Rights

1. Subject to the other terms and conditions specified in these general terms and conditions, MeteoVista reserves its rights and powers it is entitled to under the Copyright Act.
2. All weather information provided by MeteoVista is intended for use by the client and may not without prior consent of MeteoVista be reproduced, openly disclosed, or disclosed to third parties, unless the nature of the documents provided indicate otherwise.

5. Payment

1. Payment must be made within thirty days after the invoice date. MeteoVista will send the client an itemized invoice.
2. In case of liquidation, bankruptcy, seizure or receivership of the customer, MeteoVista's claims against the client are immediately due and payable.
3. In the event of late payment, when there is no notice of default, the statutory interest is payable from the due date along with any extra collection costs made.
4. MeteoVista has the right to extend the clients payments to in the first place,reduce costs, then to further deduct the outstanding interest and finally from the principal sum and accrued interest.
5. The customer may not rely on compensation payment, deduction or deferment.

6. Complaints

1. Complaints regarding invoices, visible defects in what is supplied and reasonable consideration of advice, visible inadequacies or deviations from the contract, must be submitted in writing to MeteoVista within four weeks of the invoice date, failing to do so invalidates these shortcomings and / or inaccuracies.
2. If a complaint is valid, MeteoVista will still do the work as agreed, unless this has become demonstrably useless for the client. The latter should made known in writing by the client.
3. In the event that the undertaking of the agreed work is no longer possible or useful, MeteoVista will only be liable within the limits of Article 7.

7. Liability

1. MeteoVista is only liable for damages as a direct result of MeteoVista's failure to fulfill its obligations. There can only be mention of an attributable shortcoming regarding the services provided by MeteoVista, when MeteoVista fails in the undertaking of its assignment in a way that a good, with reasonable knowledge and equipment and acting with due care, meteorological consulting firm could and should avoid and is not able to rectify within a reasonable time period.
2. MeteoVista's contractual liability as explained in the context of the preceding paragraph, contractual liability and / or other context, holds that MeteoVista is only liable for direct damage to the customer to a maximum of € 12.500, - or up to the amount the customer made in the context of the agreement if this amount is higher, when in the event of a contract of duration only during the last period of twelve months that the agreement was in force, will due allowance be considered.
3. This limitation of liability of MeteoVista does not apply in cases of intent or gross negligence on the part of MeteoVista, or of the persons engaged and/or contracted by MeteoVista in the undertaking of the agreement.
4. If, by or in connection with the execution of the contract or otherwise, damage to persons or property is caused for which MeteoVista is liable, such liability will be limited to the amount covered by Meteovista's own arranged valid liability insurance, plus the excess that MeteoVista carries under that liability insurance.

8. Dissolution

1. MeteoVista will be entitled to terminate the agreement and compensation from the client for the damage suffered, in the event that the client is accountable for not meeting his/her obligations, if he / she requests moratorium of payments, is in a state of bankruptcy, if the client dies, or in case of a legal person being dissolved, or if the business of the principal is liquidated.

9. Secrecy

1. Secrecy Both parties are required not to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is confidential if either party has indicated so or if it arises from the nature of the information.
2. If, based on a statutory provision or a judicial decision, MeteoVista has to provide confidential information to a by law or by the court appointed third party, and MeteoVista is at issue and can not appeal to or rely on a law or by the competent court or permitted right to refuse , then MeteoVista will not be required to pay damages or compensation and the client is not entitled to rescind the contract by virtue of any damage caused by this.

10. Applicable law and jurisdiction

1. Applicable law and jurisdiction In agreements with MeteoVista only Dutch law applies .
2. All disputes shall in the first instance be settled by the competent court in Arnhem, unless MeteoVista gives preference to the court at the place of business or residence of the customer, or otherwise stated in imperative law.