General terms and conditions of sales, of
, Amsterdam, The Netherlands
1. General terms and conditions
1.1 These general terms and conditions of sales are applicable to and are part of all sales agreements concluded by TheSprint.Agency as seller of Design Sprints and workshops, hereafter: “TheSprint.Agency”.
1.2 TheSprint.Agency does not accept any general terms and/or conditions of customer, hereafter: “Customer”, except if and in as far as any condition or conditions have been accepted by TheSprint.Agency in writing.
1.3 If TheSprint.Agency’s order confirmation contains any conditions which deviate from these general conditions, the condition in TheSprint.Agency’s order-confirmation will prevail.
2.1 All offers and quotations of TheSprint.Agency are without obligation and valid until 30 days after the date of being made.
2.2 All (on-line) sales by TheSprint.Agency are confirmed by TheSprint.Agency in writing (by e-mail, digital confirmation or by regular mail), and eventually approved and confirmed by a digitally confirmed sales contract.
2.3 The Customer is also deemed to have accepted TheSprint.Agency’s order if he has requested the execution of the order.
2.4 Any (order) confirmation(s) from the Customer which deviates from TheSprint.Agency’s order-confirmation, are only binding to TheSprint.Agency if TheSprint.Agency has accepted such deviations in writing.
3. Price and terms of payment
3.1 The price in TheSprint.Agency’s order-confirmation is set fixed and inclusive of 21% Dutch VAT.
3.2 All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered, shall be paid and borne by Customer.
3.3 TheSprint.Agency is entitled to increase the price retroactively if the cost price determining factors have been subject to an increase. These factors include, but are not limited to: production costs, raw and auxiliary materials, energy, products or materials obtained by TheSprint.Agency from third parties, taxes, levies, governmental charges, freight costs and insurance premiums.TheSprint.Agency shall notify Customer of such increase.
3.4 Set-off or retention of payment by the Customer is not allowed, unless TheSprint.Agency confirmed in writing that set-off or retention of payment is allowed by Customer.
3.5 Customer shall be deemed to be in default without reminder or notice of default if it fails to effect payments due. Default interests may be charged at an annual rate of 12%.
3.6 In all cases TheSprint.Agency remains, without any restriction, owner of the goods until the moment that the Customer has fulfilled all commitment(s) and payment(s) in full has been received by TheSprint.Agency.
3.7 Upon completion additional storage fees of 1% of the total invoice price per week (with a minimum of EUR 50,- per week) will be charged to client if outstanding invoice balance is not paid in full and arrangements have not been made within ten business days from the date of product reception from TheSprint.Agency. The 1% charge will be compounding each week until outstanding invoice is paid in full and arrangements have been paid.
3.8 TheSprint.Agency is entitled to command a minimum of 100% payment in advance against online sales of the goods.
3.9 There are warranties with the services of TheSprint.Agency for the duration of twelve months after the Customer has purchased the services. When issues arise, TheSprint.Agency reserves the right to determine whether a replacement or repair is most appropriate. If TheSprint.Agency decides to provide additional specific warranties regarding certain services, this will be made clear in the order form. Warranties of TheSprint.Agency explicitly do not apply to:
(1) any damages with regard to the provided services of TheSprint.Agency ;
(2) damages as a result of reparations / iterations by third parties without the consent ofTheSprint.Agency ;
(3) adjustments to the services of TheSprint.Agency ;
(4) wrongful maintenance of the goods / services of TheSprint.Agency ;
(5) if the goods of TheSprint.Agency have been used for other purposes than intended by TheSprint.Agency ;
4. Agreement - Statement of Work
4.1 This agreement states the mutual agreement with regard to the requested statement of work (also referred to as SoW) on request by Customer.
This agreement includes the following statement of work provided by The Sprint Agency, for client (company name), which will take place over the course of a specified amount of time, fixed payable amount, to be agreed upon, including defined hours, executed on the agreed upon dates.
The agreement becomes effective once the agreement is signed.
Statement of work (SoW) includes:
Strategy Kick Off
After care and next steps
The price is agreed upon before commencement of the services. The payable term is no later than 60 days, as is legally obliged.
4.3 Cancellation Fee
In case this agreement and dates, can not be upheld by Customer, and as a result will be cancelled, the following fees will be applicable:
When cancelling this agreement 4 weeks prior to the set SoW date, the cancellation fee will be 25% of the agreed price.
When cancelling this agreement 3 weeks prior to the SoW date, the cancellation fee will be 50% of the agreed price.
When cancelling this agreement 2 weeks prior to the set SoW date, the cancellation fee will be 75% of the agreed price.
When cancelling this agreement 1 week prior to the set SoW date, the cancellation fee will be 100% of the agreed price.
all prices exclude VAT.