General Terms and Conditions

Definitions

  1. Client: Any natural or legal person issuing a written order to Tonooy to perform work for payment.
  2. Tonooy: The Contractor. Tonooy is based in The Netherlands and registered with the Chamber of Commerce in The Netherlands under number 72800194.

Article 1 – Scope

These General Terms and Conditions apply to all services provided by Tonooy. It is possible to deviate from the general terms and conditions, but only if the Client and Tonooy specifically stipulate this in the contract for services.

Article 2 – Liability

  1. If the Contractor should be liable, this liability is limited to what is regulated in this article.
  2. The Contractor is not liable for damage, of whatever nature, caused by the fact that the Contractor relied on incorrect and/or incomplete information provided by or on behalf of the Client.
  3. In the case of culpable fault, the consultant is only liable for compensation of the direct damages.
  4. Direct damage is understood to mean only the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to have the faulty performance of the Contractor fulfil the agreement, insofar as they can be attributed to the Contractor, and reasonable costs incurred to prevent or limit the damage, insofar as the Other Party demonstrates that these costs have resulted in limiting direct damage as referred to in these general terms and conditions.
  5. In no case will pertain to the direct damages: business damage, loss of production, loss of turnover and/or profit, depreciation of products nor the costs pertaining to the realization of the object should the commission have been rightly executed from the beginning.
  6. Client shall indemnify Contractor against all third-party claims and shall reimburse Contractor for any costs incurred or to be incurred by Contractor in connection with the defence against such third-party claims, which are related to or arise from work performed by Contractor under the agreement(s) with Client.
  7. The liability of the consultant expires after five years from the day upon which the commission is terminated either by completion or cancellation. The legal claim which is established after that time is not admissible.
  8. If the final bill is sent on an earlier day than the day on which the commission is terminated either by completion or cancellation, then the earlier day is regarded as the day on which the commission is terminated.
  9. If the Contractor should be liable for any damage, then the Contractor’s liability is limited per commission to a sum equal to the consultancy costs of the Contractor, or to that part of the order to which the liability relates, with a maximum of € 500.000.
  10. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor or its managing subordinates.

Version: July 2022