Terms and Conditions

I General scope of application
These conditions are valid for all services conducted by SMD Benelux B.V. Any other statements will become part of the contract solely by written agreement. All special terms and conditions of all services and products provided by SMD Benelux B.V. are part of these general terms and conditions.

II Services and Prices
SMD Benelux B.V. reserves the right to change, extend, limit or stop parts of the service, or to assign all parts or any part of the duties and rights contained in these conditions to one or several parties, or to transfer them to third parties in another way. Prices and turnaround times listed may be changed by SMD Benelux B.V. at any time. In this case, the latest prices and turnaround times are applicable. All prices are given without legal taxes and transmission expenses.

III Contracting parties
Contracting party is solely the direct orderer even if the order was submitted under a third party’s name. The duty of the direct orderer to pay the invoiced amount will not be affected by the fact that the invoice is made out in the name of a third party.

IV Placing an order
Orders shall be placed in written form, per fax or per email. Any transfer mistakes or discrepancies are to the orderer’s account. All orders are subject to confirmation, except express orders, which will be confirmed on request only. Contracts are only valid if confirmed or fulfilled.

V Turnaround time
Turnaround time for each service is defined in the latest price list. In case of force majeur, labour dispute, or any disruption of company activities for which SMD Benelux B.V. is not liable, the turnaround time can be prolonged. SMD Benelux B.V. does not assume any liability for any consequences arising from a prolonged turnaround time. In case of a delay in carrying out services, the liability of SMD Benelux B.V. is limited to the difference in price between the chosen and actual turnaround times.
National public holidays or changed opening times of Patent and Trademark Offices may result in prolonged turnaround times. In this case, we will inform you as soon as we get notice of potential delays.

VI Payment
Invoices are payable within 30 days. Invoices for clients abroad either include a nominal fee for bank transfer cost or have to be settled clear of all deductions as well as bank transfer charges. In case of a delay in paying an invoice, SMD Benelux B.V. reserves the right to suspend all services requested by the client.

VII Liability and warranty
SMD Benelux B.V. does not give any warranty that the service offered and the information supplied with it is suitable for the specified purposes intended by the client. SMD Benelux B.V. does not assume any responsibility for any damages arising from faulty processing of the information supplied. Claims for indemnity due to collateral negligence, fault on contracting or tort are restricted to malicious or grossly negligent lapse by SMD Benelux B.V. only. This liability restriction can be applied also to damages caused by a legal agent or a vicarious agent of SMD Benelux B.V. SMD Benelux B.V. does not assume liability for the completeness and correctness of databases used.
Any contractual or tortuous liability that SMD Benelux B.V. might exceptionally incur is in any circumstances limited to five times the price of the services. Unless otherwise stated, liability, warranty, and statute of limitations follow the principles of Dutch Civil Law.

VIII Transfer of rights
The client is not allowed to transmit any or all rights from his contract with SMD Benelux B.V. to other parties, unless agreed upon with SMD Benelux B.V. Adverse claims can be compensated and payments be retained only in cases where claims against SMD Benelux B.V. are undisputed and subject to final decision.

IX Copyright and Limitation of use
Copyrights in any information and service provided belong to SMD Benelux B.V.
All services are for the client’s domestic use only resp. in case of transmission of information for the sole requirement of his orderer. In case the client acts by order of a third party, he is entitled to transmit the data once and to this orderer only. Duplication, circulation, and reproduction for commercial purposes are prohibited. In particular, the client is bound not to use the information obtained from SMD Benelux B.V. in view of rendering services competing with those SMD Benelux B.V. If the client is an intermediary, he is bound to impose these obligations on his orderers. The client undertakes to indemnify SMD Benelux B.V. against any liability as a result of the client’s failure to observe this obligation.

X Data protection and confidence
SMD Benelux B.V. points out that all clients’ data will be stored electronically and processed within the limits of the contract terms entered with the client. All questions, search orders, and customer profiles are confidential.

XI Place of performance and legal venue
Place of performance is Amersfoort. The law of the Netherlands is the exclusive basis for the legal relationship with the client. Legal venue for all suits arising from this contract between SMD Benelux B.V. and general merchants as well as between SMD Benelux B.V. and persons who have changed their residence or usual place of abode out of the jurisdiction of the Code of Civil Procedure is Amersfoort.

XII Effect
In case any terms of this contract or the contract in total will become unfeasible, its effect will not be affected in general. A gap arising from this has to be filled according to the deliberated essence and purpose of the contract.