General terms of delivery 

General terms and conditions for the delivery of products and services deposited by Kadaster on 25 July 2019 at the registry of District Court of Gelderland (Zutphen District Court) under number 26/2019. 

1. Definitions 

a. Kadaster: the Service having full legal capacity for Kadaster and the public registers, as referred to in Article 2 of the Kadaster Organisation Act; 
b.  customer: a natural or legal person who purchases and/or (re)uses products from Kadaster, or who instructs Kadaster to provide or carry out services; 
c. consumer: a customer who is a natural person and who is not acting in the exercise of an occupation or business; 
d.  products: Kadaster’s products as described in all offers and contracts between Kadaster and the customer and on Kadaster’s website, such as information, data, web service and datasets: 
e.  services: work performed by Kadaster, particularly analyses and advice on land use planning issues and location-based subjects and with respect to providing advice on and the combining of real estate data, mortgage data, map data and GIS technologies; 
f.  provision of services: all the services agreed upon between Kadaster and the customer. 

2.  Applicability and amendment of conditions 

  1. These general terms and conditions apply to all offers and contracts between Kadaster and the customer relating to the supply of products and/or the provision of services by Kadaster, with the exception of products covered by Kadaster’s ‘open data’ system. The latter may be subject to different conditions. 

  1. The applicability of customer purchase or other conditions is explicitly excluded. Other or alternative conditions shall only be valid if they have been accepted by Kadaster in writing. Any agreed-upon alternatives to these general terms and conditions cannot give rise to any rights for future contracts with Kadaster. 

  1. If any provision of these General Terms and Conditions is declared void or is annulled, the other provisions of these General Terms and Conditions shall remain in force. The customer and Kadaster shall then enter into consultations with the aim of agreeing on new provisions intended to replace the void or annulled provisions, taking into account, as far as possible, the purpose and intent of the void or annulled provision. 

  1. Kadaster shall have the right to amend these general terms and conditions. The amendments shall take effect from the moment of their written or digital publication or on the date specified in the publication. 

  1. The customer shall be given the opportunity to take note of and accept the amended general terms and conditions. If the customer does not accept the amended general terms and conditions, they should inform Kadaster in writing within 30 days. In such cases, Kadaster and the customer shall have the right to dissolve the contract by terminating it. Dissolution shall take place within 14 days of the notification referred to in the second sentence of this paragraph. 

3. Establishment of the contract; provision; acceptance  

  1. Where Kadaster offers a product and/or service by means of a tender, it shall be non-binding unless otherwise stated. Once the tender has been accepted, a contract shall be concluded between Kadaster and the customer to which these general terms and conditions shall apply. 

  1. A request or order addressed to Kadaster shall be set out in a written contract and shall specify the purpose for which the product and/or service is provided. 

  1. The buyer shall not be entitled to terminate an electronically concluded contract with Kadaster if Kadaster has not electronically confirmed the receipt of the customer’s acceptance of an offer made by Kadaster. If a customer electronically makes an offer following Kadaster’s invitation to submit an offer, the customer’s offer shall not be regarded as rejected if Kadaster has not electronically acknowledged receipt of their offer. The provisions of this paragraph shall not apply where the customer is a consumer. 

  1. The provision of products and/or services shall take place in the manner agreed with the customer. 

  1. All the (delivery) deadlines referred to by Kadaster are established to the best of their knowledge on the basis of the information available to Kadaster at the time of the award of the contract and are respected as far as possible. The (delivery) deadlines are not mandatory. If a delivery period has been exceeded, it does not automatically constitute a failure on Kadaster’s part. Kadaster will consult with the customer if the above-mentioned (delivery) deadlines are exceeded. 

  1. The product and/or service provided by Kadaster shall be considered to be accepted by the customer, unless they have lodged a claim in writing to Kadaster within 10 working days of the provision of the product or service, or within 10 working days of the discovery of a defect if the customer demonstrates that they could not reasonably have detected the defect earlier. If a defect is attributable to Kadaster, Kadaster is only required to immediately make a non-defective version of the product and/or service available at its own expense. 

  1. The customer agrees that Kadaster communicates with them and third parties digitally. 

4. Performance of the contract 

  1. Kadaster will implement the agreement, which should be seen as a best efforts commitment, to the best of its knowledge and ability and in accordance with the requirements of good professional practice. Kadaster does not guarantee to achieve the intended result. 

  1. Kadaster shall have the right to have the contract performed, or any part thereof, by persons it has designated, including third parties. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply. 

  1. Kadaster is required to keep all customer information confidential, to the extent that it has been disclosed to Kadaster on a confidential basis unless Kadaster is required to disclose customer information by law. 

  1. As part of the agreed-upon service, Kadaster may, in addition to its own data, also use the data of third parties to achieve the desired result. The various data may vary in reliability. As far as possible, Kadaster will inform the customer in advance of how reliable the used data is. 

  1. The customer may not use the services for any other purpose than the purpose they were provided for without Kadaster’s consent. 

  1. Kadaster reserves the right to use the knowledge acquired through the performance of services for other purposes, provided that no confidential information is made known to third parties other than Kadaster. 

  1. Kadaster is not liable for any kind of damage caused by relying on incorrect and/or incomplete information provided by the customer. The customer will indemnify Kadaster against third party claims. 

5. Prices and payment  

  1. The prices calculated by Kadaster are always in euros and are not subject to sales tax (VAT) and/or other public levies. The prices are set in accordance with Kadaster’s pricing regulation (available at www.kadaster.nl). This regulation also determines the moment when amended prices take effect. 

  1. Payment for products and/or services shall be made as indicated by Kadaster and within 21 days of the invoice date unless a different payment term is agreed upon. 

  1. If the customer fails to pay the amounts due within the payment term, the customer shall be in default and liable for interest on the outstanding amount equal to the statutory rate applicable in the relationship between Kadaster and the customer, without any formal notice being required. If the customer continues to fail to pay the claim following a letter of formal notice, the claim may be cancelled. The customer will then also be liable to pay full compensation for any reasonable extrajudicial and (if judicial or arbitration proceedings are conducted and a final judicial or arbitration decision becomes final in which the buyer is completely or predominantly found to be in the wrong) judicial or arbitration costs. Extrajudicial costs amount to at least 10% of the outstanding amount. 

  1. Payments should be made without any discount or set-off. 

  1. If the order has been given to Kadaster by more than one customer, each customer is jointly and severally liable for the performance of the (payment) obligations under the contract concluded with Kadaster. 

  1. Kadaster may require a payment guarantee to be provided to Kadaster’s satisfaction. 

6. Right of use  

  1. Kadaster grants the customer a non-exclusive and non-transferable right of use in relation to the provided products. 

  1. The provided products may be used and processed for the purposes laid down in the contract concluded with the customer. If it has been agreed upon that the customer will supply or sell the product to third parties without modification, express conditions will apply. 

  1. Personal data provided by Kadaster may not be used by the customer in derived products or services for commercial (profit-driven) purposes. 

  1. Kadaster may require the customer to include a source statement, including date/year, when a product or part of a product is published. 

  1. The customer may only replicate the product for use within their own application and for backup and security purposes. 

  1. The customer shall not appear as an intermediary of Kadaster without Kadaster’s consent or give the appearance that they act for or on behalf of Kadaster, which may give rise to confusion for the public, for example, by taking over (parts of) Kadaster’s style. 

7. Personal data  

  1. Personal data, as referred to in the General Data Protection Regulation (GDPR), is processed by Kadaster for the purposes set out in the Kadaster Act. The processing of personal data carried out by the customer should be compatible with these purposes and otherwise lawful. 

  1. In any case, unlawful processing by the customer occurs when the provided data is used for direct marketing activities. Direct marketing includes direct mail and telemarketing in all cases. 

  1. The provided data may be processed by the customer for profiling as referred to in the GDPR and only with Kadaster’s prior consent. 

8. Intellectual and industrial property 

  1. Kadaster owns all intellectual and industrial property rights, including copyright and database right, in respect of the products, services and/or websites of Kadaster to be provided unless otherwise agreed in writing. 

  1. References to intellectual and industrial property rights and to the name, trade name ‘Kadaster’ or Kadaster’s logo or trade mark(s) may not be used in any way without Kadaster’s prior consent. 

  1. The customer will inform Kadaster without delay of any claim by third parties for an alleged infringement of a (property) right, including intellectual and industrial property rights, in respect of the products and/or services supplied to the customer by Kadaster. 

  1. At Kadaster’s request, the customer will fully cooperate with regard to measures to be taken against third parties in order to enforce and defend intellectual and industrial property rights.  

9. Liability 

  1. Without prejudice to the other provisions of this article, Kadaster shall only be liable to the customer for damage resulting directly from a breach of its contractual obligations attributable to Kadaster, if and insofar as the extent that the damage could have been avoided in the light of normal expertise and experience and in the light of normal attentiveness and reasonable professional practice. 

  1. If Kadaster is liable, its liability, in so far as it is covered by its liability insurance, shall be limited to the amount of the payment made by the insurer. 

  1. If, in any event, Kadaster’s insurer does not make payment, or if the damage is not covered by the insurance, Kadaster’s liability shall be limited to ten times the amount charged by Kadaster to the customer under the contract, up to a maximum of EUR 50 000. 

  1. Kadaster will always exercise due care when engaging third parties and when using equipment, software, databases, registers or other items. However, Kadaster shall not be liable for any shortcomings on the part of those third parties or for the malfunction of equipment, software, databases, registers or other items used by Kadaster in the performance of the contract. 

  1. In the event of failure to comply with the provisions of paragraph 4 of this Article, the limitation of liability set out in paragraphs 1, 2, 3 and 6 of this Article shall apply in any event. 

  1. Kadaster is not liable for consequential damage, such as loss of profit and other indirect damage. 

  1. The customer will indemnify Kadaster against claims from third parties in cases where Kadaster would not have been liable for damages towards a third party if the third party had been a customer. 

  1. The limitation of liability in these general terms and conditions also applies to third parties involved in the performance of the contract by Kadaster. 

  1. The limitation on liability laid down in these general terms and conditions shall not apply if the damage is caused by intent or deliberate recklessness on the part of Kadaster or its managerial employees. 

10. Suspension and termination 

  1. Kadaster shall be entitled to suspend or terminate the supply of services to the customer and the customer’s right of use in relation to a product with immediate effect and/or to terminate the contract in whole or in part, if (among other cases) the customer is in breach of their obligations under the contract or these general terms and conditions. Kadaster shall inform the customer, in a written and reasoned reply, of the suspension or termination. 

  1. The customer will immediately cease use after the suspension or termination of the right of use and return the provided product to Kadaster in the case of termination and also remove all installed versions of the product from its systems and destroy any reproductions. 

  1. Kadaster’s claims against the customer are immediately payable in the following cases: 

  • if, after the conclusion of the contract, Kadaster becomes aware of circumstances that causes it to fear that the customer will not comply with its obligations; 
  • if Kadaster has requested the customer to provide a guarantee for the contract performance and this guarantee is not provided or is insufficient; 
  • in the event of bankruptcy, suspension of payments, debt restructuring or liquidation of the customer; 
  • if the customer is otherwise in default and fails to fulfil its contractual obligations. 
  1. In such cases, Kadaster has the power to suspend further execution of the contract and/or to terminate the contract in whole or in part, in all cases under the customer’s responsibility for the damage suffered by Kadaster and without prejudice to the rights otherwise due to Kadaster (including the right to immediately terminate the service and/or the right to use a product). 

11. Force majeure 

  1. Force majeure includes circumstances that hinder the performance of the contract and which are not attributable to Kadaster. In the event of force majeure, Kadaster’s obligations shall be suspended. 

  1. In the event of force majeure, the parties shall not be required to fulfil their obligations under the contract concluded between them. The party claiming force majeure must inform the other party as soon as possible. Force majeure includes (but is not limited to): excessive absenteeism due, for example, to epidemics preventing a substantial part of the staff of one of the parties from performing their duties, general power cuts and/or disruptions in cable or internet connections, events in which Kadaster does not receive a service (at all, in time or in good condition) in connection with the service which it is required to provide, and public measures preventing Kadaster from fulfilling its obligations in good time and/or properly. 

  1. If the period of force majeure (situation) exceeds 30 days after the notification referred to in the second paragraph, both parties shall be entitled to terminate the contract. 

  1. Kadaster is also entitled to invoke force majeure if the circumstances which prevent (further) performance occur after Kadaster should have performed its obligation. 

  1. If, during the period of force majeure, Kadaster has already partially fulfilled its obligations or is able to fulfil only part of its obligations, Kadaster shall be entitled to separately invoice the part that is already executed or enforceable, and the customer shall be required to pay the invoice in the case of a separate contract. 

  1. In the event of force majeure, the parties shall not be required to provide compensation for any damage caused as a result of force majeure and/or the termination of the contract. 

12. Distance contract 

  1. The provisions of this article apply only where the customer is a consumer and in the case of a distance contract within the meaning of Article 6:230g(1)(e) of the Dutch Civil Code. 

  1. Any order and task requested from Kadaster may be cancelled by the customer within 24 hours of the order placement, provided that the product has not been dispatched/delivered yet. Cancellation may take place without giving a reason. Cancellation is no longer possible when an order has been dispatched/delivered by Kadaster. Cancellation should take place by following the procedure provided for this purpose at www.kadaster.nl. 

  1. After receiving the products, the customer has a right of withdrawal for a period of 14 calendar days. Under this right of withdrawal, the buyer is entitled to withdraw from (terminate) the contract. In the event of a justified withdrawal, the customer receives a refund of the full rate they have paid. 

  1. In order to exercise the right of withdrawal, the buyer should follow the procedure laid down at www.kadaster.nl. 

  1. After invoking the right of withdrawal, the buyer has 14 calendar days to return the ordered products. 

  1. The amount that the customer has paid to Kadaster for the order shall, in the event of a justified withdrawal, be reimbursed by Kadaster as soon as possible, but no later than 14 calendar days after Kadaster’s receipt of the declaration of termination made by the customer in the context of the withdrawal, provided that the returned order has been received by Kadaster or if Kadaster has received proof of the return. 

  1. For the customer to be entitled to the right of withdrawal and termination, the order must be returned to Kadaster properly packaged, in the original packaging, complete, intact and unused, including the original shipping documents and other submitted documentation. The return costs shall be borne by the customer. 

  1. The customer is not entitled to a right of withdrawal and dissolution in the cases referred to in Article 6:230p of the Dutch Civil Code. This shall apply, inter alia, in the event of: 

  • a contract under which the buyer has specifically requested Kadaster to visit them in order to carry out urgent repairs or maintenance, with the exception of additional services not expressly requested by the customer and the supply of items other than those necessary to carry out the maintenance or repairs; 

  • a contract for the provision of services, after performance of the contract, where performance has commenced with the prior express consent of the customer and the customer has declared to have waived their rights to terminate the contract as soon as Kadaster has performed the contract; 

  • a consumer purchase involving the supply of audio and video recordings and computer software, where the seal has been broken after delivery; 

  • the supply of digital content which is not provided on a tangible medium, to the extent that performance has begun with the customer’s prior express consent and has declared to have thereby waived their right to terminate the contract. 

13. Other 

  1. Customer rights and/or obligations arising from the contract concluded by Kadaster with the customer may only be transferred to a third party with Kadaster’s consent. 

  1. Dutch law shall apply to any contract concluded with Kadaster. 

  1. By way of derogation from the legal rules governing the jurisdiction of the civil courts, any dispute between Kadaster and the recipient, in the event that the court has jurisdiction, will be decided in the first instance by the Gelderland District Court (sitting in Zutphen). Kadaster shall always remain competent to bring a dispute before the court having jurisdiction under the law or the applicable international convention.

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