Thekrakentraining B.V.
Thekrakentraining B.V. provides training services for defense and police forces in the field of forced entry and operational site facilitation.
These General Terms and Conditions apply whenever you use the services of Thekrakentraining B.V.
Last updated: March 26, 2025
Article 1 – Definitions
1.1 General Terms and Conditions
These present General Terms and Conditions.
1.2 Thekrakentraining B.V.
Established at Venneslatweg 27, 7151 HD, Eibergen, registered with the Dutch Chamber of Commerce under number 96829168.
1.3 Services
Services described in the Agreement.
1.4 Products
All products described in the Agreement.
1.5 Intellectual Property Rights
All intellectual property rights including but not limited to copyrights (including software), database rights, domain names, trade names, trademarks, design rights, neighboring rights, patents and know-how.
1.6 Quotation
A written offer issued by Thekrakentraining B.V.
1.7 Client
The natural or legal person entering into an Agreement with Thekrakentraining B.V.
1.8 Delivery
Occurs upon approval, use, or notification without objection within 7 days.
1.9 Agreement
The agreement between the parties to which these terms apply.
1.10 Parties
Thekrakentraining B.V. and the Client.
1.11 Confidential Information
Non-public information marked or reasonably considered confidential.
1.12 Employee
A person employed by or working for either Party.
1.13 Business Client
A Client acting in the course of business.
Article 2 – Applicability and Interpretation
2.1 These General Terms and Conditions apply to and form an integral part of every legal act related to the preparation, conclusion, or execution of the Agreement. They also apply to all subsequent Agreements between the Client and Thekrakentraining B.V., provided the Client has accepted their applicability in previous Agreements.
2.2 The applicability of any purchase conditions or other terms and conditions of the Client is expressly excluded.
2.3 Provisions or conditions set by the Client that deviate from or are not included in these General Terms and Conditions shall only apply if and insofar as the Parties have agreed to them in writing.
2.4 If specific product, promotional, or service conditions apply in addition to these General Terms and Conditions, those conditions shall also apply.
Article 3 – Formation of the Agreement
3.1 All Quotations and other offers from Thekrakentraining B.V. are non-binding and valid for a period of 14 days.
3.2 The Agreement is concluded at the moment the Client accepts the Quotation and meets any conditions set by Thekrakentraining B.V.
3.3 An offer shall in any case be deemed accepted if performance of the Agreement has commenced without objection. Acceptance may be made orally or in writing.
Article 4 – Execution of the Agreement
4.1 Thekrakentraining B.V. shall commence execution of the Agreement on the agreed date or, if no date has been agreed, immediately after conclusion.
4.2 If delivery cannot take place within the agreed timeframe, the Client shall be informed. A Business Client shall be deemed to agree to a new delivery date.
4.3 The Client has no authority to give instructions regarding the Products or Services to be delivered.
4.4 The Client shall do everything reasonably necessary to ensure timely and proper execution, including providing all necessary data in a timely manner.
4.5 Thekrakentraining B.V. is entitled to engage third parties for the execution of the Agreement. These General Terms and Conditions also apply to the work performed by such third parties. Third parties are not authorized to represent Thekrakentraining B.V.
4.6 Thekrakentraining B.V. is not obliged to use third parties designated by the Client. The Client is responsible for goods prescribed or supplied by or on behalf of the Client.
Article 5 – Duration and Termination
5.1 The duration of the Agreement is determined in the Agreement. If no duration is specified, the Agreement is entered into for an indefinite period.
5.2 A Business Client may not terminate the Agreement prematurely.
5.3 In the event of termination, the Client shall owe the full agreed amount, reduced by any savings resulting from the termination.
5.4 Thekrakentraining B.V. may suspend or terminate the Agreement in the event of bankruptcy, suspension of payments, dissolution, or liquidation of the Client’s business.
5.5 Obligations intended by their nature to continue after termination shall remain in full force.
Article 6 – Price and Payment
6.1 The Client shall pay the amount stated in the Agreement. All prices are in euros.
6.2 Prices are exclusive of VAT and other government levies unless stated otherwise.
6.3 Payment term: 30 days from invoice date.
6.4 If pricing is based on incorrect data provided by the Client, Thekrakentraining B.V. may adjust the price accordingly.
6.5 In case of late payment, the Client shall be granted a 14-day period to fulfill payment obligations.
6.6 If payment remains outstanding, statutory interest and full collection costs shall be due.
6.7 Thekrakentraining B.V. may assess the Client’s creditworthiness before entering into the Agreement.
Article 7 – Client Obligations
7.1 The Client shall provide accurate and complete information necessary for execution.
7.2 The Client shall ensure timely access to the location and necessary utilities free of charge.
7.3 The Client shall ensure safe and healthy working conditions.
7.4 The Client is responsible for circumstances that hinder performance.
Article 8 – Additional Work
8.1 Changes resulting in additional costs shall be considered additional work.
8.2 Additional work shall be compensated by the Client.
8.3 Additional work may result in delays without entitlement to compensation.
8.4 Additional work does not constitute grounds for termination.
8.5 Cost-increasing circumstances not attributable to Thekrakentraining B.V. shall be charged as additional work.
Article 9 – Delivery and Retention of Title
9.1 Delivery periods are indicative unless agreed otherwise in writing.
9.2 Goods may be stored at the Client’s expense and risk.
9.3 Ownership of Products remains with Thekrakentraining B.V. until full payment has been received.
Article 10 – Warranty
10.1 Services and Products shall comply with the Agreement and applicable law.
10.2 Claims under warranty must be reported within 3 months after Delivery.
10.3 Any manufacturer’s warranty does not affect statutory rights.
10.4 Warranty is void if instructions are not followed.
Article 11 – Intellectual Property Rights
11.1 All Intellectual Property Rights remain with Thekrakentraining B.V.
11.2 The Client shall not infringe these rights.
Article 12 – Confidentiality
12.1 Parties shall treat confidential information as confidential.
12.2 This obligation continues after termination.
Article 13 – Liability
13.1 Liability limitations do not apply in cases of intent or willful misconduct.
13.2 The Client is responsible for use of delivered results.
13.3 Acceptance releases Thekrakentraining B.V. from liability for visible defects.
13.4 Total liability is limited to the contract price (including VAT), with a maximum of €10,000.
13.5 Liability for indirect or consequential damages is excluded.
13.6 Claims must be submitted in writing within two months of occurrence.
13.7 Default notice must first be given in writing.
13.8 The Client indemnifies Thekrakentraining B.V. against third-party claims.
13.9 No liability applies in cases of force majeure.
13.10 Force majeure includes infrastructure failures, strikes, war, terrorism, government measures, and similar events.
13.11 If force majeure lasts longer than 90 days, either Party may terminate the Agreement in writing.
Article 14 – Amendment of Terms
14.1 Thekrakentraining B.V. may amend these Terms with 30 days’ notice.
14.2 Amendments shall be announced by email or other demonstrable communication.
Article 15 – Final Provisions
15.1 Dutch law applies.
15.2 Disputes shall be submitted to the competent Dutch court in the district where Thekrakentraining B.V. is established.
15.3 Written communication includes email.
15.4 Invalid provisions do not affect the validity of the remainder.
15.5 Rights and obligations may be transferred in the event of business takeover.
