{"id":441,"date":"2021-02-01T15:42:06","date_gmt":"2021-02-01T15:42:06","guid":{"rendered":"https:\/\/seefbv.com\/en\/?page_id=441"},"modified":"2026-07-02T08:36:22","modified_gmt":"2026-07-02T06:36:22","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/seefbv.com\/en\/general-terms-and-conditions\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"

[vc_row][vc_column width=”1\/1″][vc_custom_heading text_color=”accent”]General terms and conditions SEEF B.V.[\/vc_custom_heading][vc_column_text uncode_shortcode_id=”117289″]<\/p>\n

Version October 2025<\/strong><\/p>\n

Article 1 Definitions<\/h3>\n

In these general terms and conditions, the following definitions apply:<\/p>\n

1.1. SEEF: the private limited company SEEF B.V., registered in Breda and having its office at (4851 SJ) Ulvenhout, municipality of Breda, at Tolweg 11 there, as well as all its subsidiaries and sister companies;<\/p>\n

1.2. Services: All services and work performed or to be performed by SEEF related to the detection of and handling of hazardous substances, as well as the provision of services and advice regarding hazardous substances in the construction and industrial sectors and all related activities in the broadest sense of the word, as well as other services for and agreed upon with the client;<\/p>\n

1.3. Goods: all types of goods falling under the legal definition;<\/p>\n

1.4. Client: The party that has entered into an agreement with SEEF or with whom Services have been agreed;<\/p>\n

1.5. Third party: A party to whom SEEF delivers Goods and\/or Services on behalf of the Client or a party engaged by SEEF;<\/p>\n

1.6. Agreement: The Agreement concluded between SEEF and the Client to which these general terms and conditions apply;<\/p>\n

1.7. Personnel: All (auxiliary) persons, whether or not employed by SEEF, who are deployed by SEEF in the execution of the agreed Services and\/or work;<\/p>\n

1.8. Parties: Client and SEEF<\/p>\n

Article 2 Applicability<\/h3>\n

2.1. These general terms and conditions apply to all offers, quotations, agreements, delivered Services, and agreed work between SEEF and the Client, unless expressly and in writing deviated from these general terms and conditions by the Parties.<\/p>\n

2.2. Applicability of any general or purchasing or sales conditions used by the Client is expressly rejected by SEEF.<\/p>\n

2.3. SEEF is not bound by the general terms and conditions declared applicable by the Client. In the event that both the general terms and conditions of SEEF and those of the Client apply, the general terms and conditions of SEEF take precedence.<\/p>\n

2.4. Deviation from the general terms and conditions is only possible if the Parties have expressly and in writing agreed upon this in advance.<\/p>\n

2.5. If SEEF tacitly allows deviation from these general terms and conditions, this does not affect its right to still demand direct and strict compliance with the terms. The Client can never assert any rights based on the fact that SEEF applies the general terms and conditions flexibly.<\/p>\n

2.6. In all cases where these general terms and conditions fall short, SEEF will decide. This decision will be made in accordance with the spirit of these general terms and conditions.<\/p>\n

2.7. If any provision of these general terms and conditions is null and void or is annulled, the other provisions will remain in full force and the null and void provision(s) of these general terms and conditions will be replaced by (a) new, legally permissible provision(s) that take into account the purpose and intent of the null and void provision(s) as much as possible.<\/p>\n

2.8. Ambiguities regarding the content of these general terms and conditions or situations not provided for in these general terms and conditions must be assessed according to the spirit of these general terms and conditions.<\/p>\n

Article 3 Quotations and Agreements<\/h3>\n

3.1. Offers and quotations from SEEF are non-binding. A quotation sent by SEEF is valid for seven days after sending, unless otherwise agreed in writing. If the Client accepts an offer or quotation, SEEF reserves the right to revoke the offer within five working days after receipt of the acceptance.<\/p>\n

3.2. If the acceptance of the Client deviates from the offer included in the order confirmation, SEEF is not bound by it.<\/p>\n

3.3. Offers, quotations, prices, and\/or rates do not automatically apply to new assignments.<\/p>\n

3.4. Agreements with SEEF are concluded at the moment the quotation sent by SEEF is accepted in writing or by scanning by the Client, the order confirmation sent by SEEF is confirmed in writing, or at the moment SEEF begins the execution actions with the consent of the Client. The order confirmation is deemed to fully represent the Agreement.<\/p>\n

3.5. If cost-increasing factors occur during the term of an Agreement, such as changes in wages and\/or working conditions, surcharges on wages, premium increases for social laws, increases in expense reimbursements, and\/or cost increases due to external factors, SEEF is entitled to unilaterally change the agreed prices in the interim.<\/p>\n

3.6. Additions, changes, and\/or further agreements are only valid if they have been agreed upon in writing.<\/p>\n

3.7. Agreements between SEEF and the Client are entered into for an indefinite period, unless expressly agreed otherwise in writing and\/or it follows from the content, nature, or intent of the assignment that it has been entered into for a definite period.<\/p>\n

3.8. An Agreement for an indefinite period can be terminated at any time by either Party by registered letter, observing a notice period of two months before the end of the calendar month.<\/p>\n

3.9. If an assignment is canceled after acceptance by SEEF by the Client without the notice period mentioned in paragraph 8 of this article, cancellation costs are due. These amount to 25% of the total sum.<\/p>\n

3.10. If the other party does not, does not properly, or does not timely fulfill any obligation under the Agreement with SEEF, to which these general terms and conditions apply, as well as in the event of bankruptcy, suspension of payment, cessation, or liquidation of the other party’s business, it is deemed to be in default by operation of law, and SEEF has the right, without further notice of default, to suspend the execution of all agreements concluded with the other party or to dissolve them entirely or partially or declare them dissolved. Without SEEF being obliged to compensate for any damage or guarantee and without prejudice to SEEF’s right to compensation. In the aforementioned cases, any claim that SEEF has or obtains against the other party is immediately and entirely due.<\/p>\n

3.11. The Parties are entitled to terminate a concluded Agreement without observing any notice period for urgent reasons. Urgent reasons arise in any case under the following circumstances:<\/p>\n

A: Application for the granting of suspension of payment to one of the Parties, bankruptcy of one of the Parties, or any other circumstance whereby one of the Parties loses free disposal of its assets.<\/p>\n

B: The violation of the obligations under the Agreement by one of the Parties to such an extent that the other party cannot reasonably be expected to continue to comply with the Agreement.<\/p>\n

3.12. Neither Party has the right to compensation if the Agreement is terminated with observance of the aforementioned and the contractually agreed notice period or for urgent reasons.<\/p>\n

Article 4 Execution of the Agreement<\/h3>\n

4.1. The obligation that SEEF undertakes is a best-efforts obligation whereby SEEF will take into account the specific requirements associated with it. SEEF will also comply with all government requirements for providing its Services. All requirements imposed by the Client on the Services must be agreed upon in writing.<\/p>\n

4.2. SEEF ensures that all its Personnel comply with all regulations imposed by the government regarding the Services it is to perform.<\/p>\n

4.3. If necessary for the proper execution of the Agreement, SEEF has the right to have certain Services performed and\/or executed by Third Parties.<\/p>\n

4.4. A delivery time indicated by SEEF can never result in a fatal deadline. The Client is aware that delivery times can fluctuate due to circumstances. A delivery time indicated by SEEF will always be considered an estimated delivery time.<\/p>\n

4.5. Delivery times provided by SEEF are always based on the working conditions as they were at the date of concluding the Agreement and taking into account timely deliveries by SEEF of Goods and\/or Services ordered from its suppliers.<\/p>\n

Article 5 Costs<\/h3>\n

5.1. The Client pays SEEF a fee consisting of a previously agreed price, increased by any additional costs.<\/p>\n

5.2. SEEF is entitled to demand a full or partial advance payment when executing the Agreement. If an advance payment has been requested by SEEF, it is entitled to suspend the agreed work until the advance payment has been made.<\/p>\n

5.3. All prices and\/or rates used by SEEF, including those mentioned in quotations, offers, and\/or price lists, are exclusive of VAT and other government levies.<\/p>\n

5.4. SEEF is at all times entitled to charge the costs for work that does not fall under the concluded assignment or the costs for extra hours incurred outside the assignment to the Client.<\/p>\n

5.5. Additional costs resulting from changes desired by the Client in the original Agreement will be charged by SEEF to the Client.<\/p>\n

5.6. SEEF is entitled to change the agreed prices and\/or rates at any time.<\/p>\n

Article 6 Payment<\/h3>\n

6.1. The Client must pay the invoice amounts due within thirty days after the invoice date. Objections to the amount of invoices sent by SEEF do not suspend the payment obligations for the Client.<\/p>\n

6.2. If the Client has not paid within the agreed payment term, SEEF is entitled to charge the contractual interest to the Client from the due date of the invoice, after the Client has been reminded at least once to make the payment, without the need for further notice of default. This contractual interest amounts to 15% per annum.<\/p>\n

6.3. If the Client is in default or in breach of its payment obligations, all reasonable costs for obtaining satisfaction (in and out of court) are for the account of the Client. In any case, the Client owes collection costs. These amount to 15% of the principal sum with a minimum of \u20ac750.00, deviating from the Decree on compensation for extrajudicial collection costs.<\/p>\n

6.4. SEEF has a right of retention on all data, papers, other Goods, and information in its possession until the moment the Client has fulfilled all that it owes to SEEF.<\/p>\n

6.5. Payments made by the Client always serve to settle firstly all due interest and costs and secondly the overdue invoices that have been outstanding the longest.<\/p>\n

6.6. In the event of liquidation, bankruptcy, or suspension of payment of the Client, all claims of SEEF against the Client and the obligations of the Client towards SEEF become immediately due.<\/p>\n

6.7. SEEF is entitled to invoice periodically.<\/p>\n

6.8. SEEF applies a payment term of sixty days to all its suppliers, contractors, and\/or other contractual counterparties.<\/p>\n

6.9. SEEF can refuse a payment without being in default if the Client and\/or counterparty indicates a different order for allocation. SEEF can also refuse full repayment of the principal sum if the outstanding, current interest and collection costs are not also paid.<\/p>\n

Article 7 Complaints<\/h3>\n

7.1. If the Client has complaints about the work performed and\/or invoices sent by SEEF and\/or its Personnel, the Client must notify SEEF of these complaints in writing within one week after the execution of this work. If this period is exceeded, the Client is deemed to have accepted the work performed and\/or invoices.<\/p>\n

7.2. If a complaint from the Client is justified, SEEF will perform the work as agreed. If this is no longer possible and\/or no longer meaningful for the Client, SEEF will only be liable within the limits of Article 9.<\/p>\n

7.3. Timely complaints from the Client do not suspend the payment obligation under the Agreement.<\/p>\n

7.4. Complaints never give the Client the right to suspend the fulfillment of its obligations or the right to apply set-off.<\/p>\n

Article 8 Force Majeure<\/h3>\n

8.1. SEEF and\/or its Personnel are not obliged to fulfill any obligation if they are hindered in doing so due to a circumstance that is not attributable to their fault and which does not fall under the law, a legal act, or prevailing views.<\/p>\n

8.2. SEEF can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each Party is entitled to dissolve the Agreement without being obliged to compensate for damages to the other party. If the aforementioned situation occurs when the Agreement has already been partially executed, the Client is obliged to fulfill its obligations towards SEEF up to that moment. SEEF is then entitled to invoice the already fulfilled part respectively the part to be fulfilled separately. The Client is then obliged to pay this invoice as if it were a separate Agreement.<\/p>\n

8.3. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which SEEF has no control, but as a result of which SEEF is unable to fulfill its obligations. This includes, but is not limited to, fire, diseases, pandemics, (extreme) weather conditions, power outages, terrorist threats, extortion, war(s), violence, traffic jams, imposed restrictions by competent authorities, and strikes in the business of SEEF and\/or Third Parties. SEEF is also entitled to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after SEEF was supposed to fulfill its obligation.<\/p>\n

Article 9 Liability<\/h3>\n

9.1. SEEF is only liable to the extent that this follows from this article. The same applies to third parties engaged by SEEF (and their subordinates) and\/or personnel of SEEF that are engaged for the benefit of the agreement.<\/p>\n

9.2. The liability of SEEF is at all times limited to the amount that will be paid out under the liability insurance taken out by it in the relevant case. If for any reason no payment is made by the insurer, any liability is limited to an amount equal to five times the total amount invoiced by SEEF per event or a series of events with one cause, with a maximum of \u20ac25,000.00 (Twenty-five thousand euros).<\/p>\n

9.3. SEEF is not liable for damage resulting from incorrect and\/or insufficient information provided by the Client on the basis of which the Services and work to be performed by SEEF have been determined and executed.<\/p>\n

9.4. SEEF is not liable in case of force majeure.<\/p>\n

9.5. SEEF is not liable for damage that cannot be avoided by the method it employs and the Client has not immediately objected in writing to the method used or if the Client is forced into this method by circumstances requiring urgency.<\/p>\n

9.6. If damage is not reported to SEEF in writing within seven days, SEEF is not liable for this damage.<\/p>\n

9.7. Liability of SEEF for indirect damage, consequential damage, lost profit, missed savings, and\/or damage due to business stagnation is at all times excluded.<\/p>\n

9.8. Without prejudice to its own liability, employees of SEEF are never personally liable to the Client for damage caused in employment, unless there is intent or gross negligence on the part of the employee in question.<\/p>\n

9.9. The Client indemnifies SEEF against all claims from Third Parties against SEEF or its Personnel regarding the loss of or damage to goods for which SEEF or its Personnel must perform Services and work.<\/p>\n

Article 10 Retention of Title<\/h3>\n

10.1. All Goods delivered by SEEF that are and\/or will be delivered under the Agreement concluded between SEEF and the Client remain the property of SEEF until the Client has duly fulfilled the Agreement.<\/p>\n

10.2. Proper fulfillment as mentioned in the previous paragraph also includes payment of costs, interest, and damage claims, including those from previous and later deliveries and Services, due to the Client’s failure to fulfill.<\/p>\n

Article 11 Recruitment and\/or hiring of personnel<\/h3>\n

11.1. The Client will not exert any influence or allow influence to be exerted on or provide cooperation or allow cooperation to be provided, in any form, to a staff member of SEEF who has been employed by SEEF in the last year for the performance of work for the Client, to take up employment with the Client or with Third Parties or to perform work directly for the Client or Third Parties for the duration of the Agreement and any extension thereof, as well as for one year after the end of the Agreement or its last extension.<\/p>\n

11.2. A self-employed person without personnel who has been appointed by SEEF to perform work for and on behalf of the Client is equated with a staff member as mentioned in paragraph 1 of this article.<\/p>\n

11.3. In the event of a breach of Article 12.1 by the Client, it forfeits a directly claimable penalty to SEEF of \u20ac10,000.00 (Ten thousand euros).<\/p>\n

Article 12 Confidential Information and Confidentiality<\/h3>\n

12.1. The other party is not permitted to disclose information that is confidential in nature or could be confidential to third parties not involved in the Agreement or to use the information for a purpose other than that for which it was obtained. The other party has a confidentiality obligation regarding such information. Information is considered confidential if this has been communicated by SEEF or if it follows from the nature of the information. Information about SEEF’s business activities and organization must always be regarded as confidential.<\/p>\n

12.2. The other party will not disclose any part of the information to third parties without prior written consent from SEEF, except to:<\/p>\n

    \n
  • \n

    the own employees of the other party and only to those employees who need to know the information.<\/p>\n<\/li>\n

  • \n

    the accountants of the other party, the tax inspector, and third parties who have a legitimate task or obligation to know the affairs of the other party, and in that case only to the extent that the information is necessary for fulfilling such a task or obligation.<\/p>\n

    12.3. In the event of actions contrary to the obligations from paragraph 1 of this article by the other party, it forfeits a directly claimable penalty of \u20ac5,000.00 (Five thousand euros) per violation plus \u20ac500.00 (Five hundred euros) for each day that the violation continues. This is without prejudice to SEEF’s right to claim the full damage suffered by it instead of the penalty.<\/p>\n<\/li>\n<\/ul>\n

    Article 12A Release of Confidential Information<\/h3>\n

    12A.1. If SEEF is required by legal obligations<\/span> or contractual agreements<\/span> to provide (parts of) confidential information regarding the Client, the research, the results, reports, or other information obtained or created during the execution of the Services to authorized third parties (such as regulators, enforcement agencies, or other competent authorities), SEEF will only provide that information that is necessary to comply with that obligation.<\/p>\n

    12A.2. SEEF will inform the Client, as far as legally permitted<\/span>, prior to or as soon as possible after the provision of: (i) which information has been provided, and (ii) to which party this information has been provided.<\/p>\n

    12A.3. If SEEF is prohibited<\/span> by law or regulation from informing the Client about (the content of) the provision, SEEF is not obliged to notify as referred to in paragraph 12A.2.<\/p>\n

    Article 13 Intellectual Property Rights<\/h3>\n

    13.1. SEEF reserves all intellectual property rights regarding products arising from the spirit that it uses or has used and\/or develops in the context of the execution of the Client’s assignment.<\/p>\n

    13.2. The Client is expressly prohibited from reproducing, disclosing, and\/or exploiting those products, including methods, advice, models, and other intellectual products of SEEF, in any way, directly or indirectly. Disclosure, in any manner, can only occur after obtaining written permission from SEEF. The Client has the right to reproduce the documents for use in its own organization, as far as this is appropriate within the purpose of the assignment. In the event of premature termination of the Agreement, the above applies accordingly.<\/p>\n

    13.3. The other party and SEEF will not register and\/or use each other’s trademarks, trade names, logos, brands, symbols, and\/or other designations of origin or symbols that resemble them.<\/p>\n

    Article 14 Changed Circumstances<\/h3>\n

    14.1. If the circumstances on which the Client and SEEF relied at the time of the conclusion of the Agreement change so significantly that compliance with the Agreement or a part thereof cannot reasonably be required of (one of) the Parties, discussions will take place regarding interim changes to the Agreement. If the changed circumstances have arisen due to the actions of the Client, any additional work resulting from this will be charged to the Client.<\/p>\n

    14.2. If the Parties decide to change the approach, method, or scope of the Agreement and the resulting work, the Client accepts that the timeline of the Agreement will be adjusted.<\/p>\n

    Article 15 Privacy<\/h3>\n

    15.1. SEEF processes personal data of clients for optimal service provision and to comply with legal obligations. For more information, SEEF refers to its privacy statement. This can be found at https:\/\/seefbv.com\/en\/privacy-policy\/.<\/p>\n

    Article 16 Applicable Law and Competent Court<\/h3>\n

    16.1. Dutch law applies exclusively to all agreements between SEEF and the Client(s).<\/p>\n

    16.2. All disputes between SEEF and the Client that may arise will be exclusively submitted to the competent court of the Zeeland-West-Brabant district court, location Breda.<\/p>\n

    Article 17 Changes<\/h3>\n

    17.1. SEEF is entitled to unilaterally change these general terms and conditions. The latest version of these general terms and conditions is valid, even for agreements already concluded.<\/p>\n

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