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General Terms and Conditions – KNST Systems
Article 1 – Definitions
In these general terms and conditions, the following terms shall have the meanings set out below:
  1. Contractor: KNST Systems, established in the Netherlands.
  2. Client: any natural or legal person who enters into an agreement with the contractor.
  3. Agreement: any arrangement between the contractor and the client concerning the performance of services, including software development, consultancy, and ERP related activities.
Article 2 – Applicability
  1. These general terms and conditions apply to all offers, agreements, and other legal relationships between the contractor and the client.
  2. Deviations from these terms and conditions are only valid if confirmed in writing by the contractor.
Article 3 – Services and Obligations
  1. The contractor performs its activities on the basis of a best efforts obligation, unless expressly agreed otherwise in writing.
  2. The contractor does not guarantee the achievement of any specific result, unless expressly agreed otherwise in writing.
Article 4 – Timeframes
  1. Any timeframes stated or agreed upon by the contractor are indicative and shall never be considered strict deadlines.
  2. Exceeding a timeframe does not entitle the client to compensation, suspension, or termination of the agreement.
Article 5 – Payment
  1. Invoices must be paid by the client within 30 days of the invoice date.
  2. If the payment term is exceeded, the client shall be in default by operation of law, without any further notice of default being required.
  3. From the moment of default, the client shall owe statutory (commercial) interest on the outstanding amount.
  4. All judicial and extrajudicial costs incurred by the contractor in collecting outstanding amounts shall be borne by the client.
Article 6 – Warranty
  1. No warranty of any kind is provided on the services delivered by the contractor, unless expressly agreed otherwise in writing.
  2. The contractor does not warrant the absence of errors in software or advice, nor the suitability thereof for the purpose intended by the client.
Article 7 – Liability
  1. The contractor’s liability is limited to direct damage that is the direct result of an attributable failure in the performance of the agreement.
  2. The contractor’s liability is at all times limited to a maximum of the invoice amount relating to the assignment concerned.
  3. The contractor shall never be liable for consequential damages, including but not limited to:
    o loss of profits
    o missed savings
    o business interruption
    o loss or corruption of data
    o damage resulting from decisions made on the basis of advice provided by the contractor
    o damage resulting from errors, omissions, or defects in software, regardless of whether such software was developed by the contractor
  4. The client remains fully responsible at all times for the use of the software, advice, and documentation provided by the contractor.
Article 8 – Force Majeure
  1. The contractor is not obliged to fulfil any obligation if performance is prevented by circumstances not attributable to the contractor.
  2. Force majeure includes, but is not limited to: failures in telecommunications or IT infrastructure, illness of personnel, government measures, and other circumstances beyond the contractor’s control.
Article 9 – Applicable Law and Competent Court
  1. All legal relationships between the contractor and the client are governed by Dutch law.
  2. Disputes shall be submitted exclusively to the competent court in the district in which the contractor is established.