Article 1: Identity of the company
Fire-Red B.V., trading under the name / names: Vuurrood Veiligheid (Safety), BHV-Events.
Address & Training centre:
2516 BR The Hague
Telephone: +31 (0)70-2050009
Opening hours: Monday / Friday from 9:00 am to 17:00 pm
Chamber of Commerce number: 60169672
VAT identification number: NL853.793.104.B01
Article 2: Application
2.1 These conditions apply to all offers and agreements between Fire-Red and a customer to which these conditions are applicable, insofar as these conditions are not by both parties expressly and in writing deviated.
2.2 These terms also apply to all agreements with Fire-Red, for which third parties should be involved.
2.3 The establishment of an agreement means that the terms and conditions of Fire-Red are accepted by the customer.
2.4 Should the agreement on behalf of the customer been signed by a third party, then this guarantees that the customer has accepted these terms and conditions.
Article 3: Agreement
3.1 An agreement is concluded by accepting an offer of Fire-Red by the customer.
3.2 The formatted deals of Fire-Red are non-committal. They are valid for 30 days, unless otherwise indicated. Fire-Red is only bound to these deals if the customer confirms in writing within 30 days.
3.3 The prices are exclusive of VAT unless otherwise indicated.
3.4 Agreements only address the core of the performance as specified in the deal. No recourse and no rights can be derived from general information that is present by Fire-Red or a third party or to information obtained outside the agreement.
Article 4: Implementation of the agreement
4.1 Fire-Red will perform to the best knowledge and ability and according to the requirements of good workmanship, and based on the currently level of knowledge.
4.2 Fire-Red is entitled to implement the agreement to engage third parties.
4.3 All services which are provided by Fire-Red and which are not described to in Article 3 paragraph 4 specifications will be considered as additional work. Additional work will be charged separately.
4.4 The minimum starting rate for Fire-Red services (intake, inventory, and mechanic work) is € 55,- -.
4.5 The customer shall ensure that all data, which Fire-Red indicates is necessary or which the customer can reasonably understand to be necessary for the implementation of the agreement, are provided on time to the user. If the required information is not provided in time to Fire-Red, Fire-Red has the right to suspend the implementation of the agreement and / or charge additional costs according to the usual rates resulting from the delay to the customer.
4.6 Fire-Red is not responsible for damages of any kind, when Fire-Red used incorrect and / or incomplete information by the customer provided, unless the inaccuracy or incompleteness should have been aware.
4.7 If it is agreed that the agreement will be implemented in stages, Fire-Red can suspend the implementation of the next stage, until the customer approved the results of the previous stage in writing.
4.8 For an InCompany course, the customer’s location has to measure up to a number of specific requirements.
– A classroom should be blinded and darkened
– A beamer present
– A wall or screen present where the projector can be focused on to
– A whiteboard or flipchart present with writing materials
– Sufficient tables and chairs,
max 16 students, exception to VCA, 25 students.
– A minimum area of 35m2 for the theory lessons
– To practice: First Aid / LEH – min 10m2 room without tables and chairs
BOC – + / – 15 x 15 meters free space outside, on private land or municipal land (mark out with barrier tape)
The customer must let the people in the area outside know to be aware of an open fire exercise. When in doubt of safety, it must be known by Fire-Red before the course date. Fire-Red can provide permit requirements after consultation and for an additional charge.
Exams carried out in an InCompany course, the customer has to provide a suitable examination room. It must meet the following criteria:
– Each participant has its own table and chair
– The faces of the participants are focused towards the same side
– There is adequate lighting
– No annoying sound
– There is an suitable temperature
– There is an area for participants who have completed the exam
Article 5: Performance Period
5.1 The agreement is for an indefinite period, unless the parties expressly agree otherwise in writing.
5.2 If within the duration of the agreement a completion of certain work is agreed in a shorter period, this is never a deadline. When exceeding the deadline, the customer must therefore let Fire-Red know in written the default.
Article 6: Amendment of Agreement
6.1 Fire-Red reserves the right to and is entitled to change or shift the work to be done so the agreement can still be executed properly.
6.2 If during the execution of the agreement it appears that for a proper execution it is necessary to modify or to supplement the work to be done, parties shall accordingly adjust the agreement forhanded and mutual.
6.3 If the parties agree that the agreement is modified or supplemented, the date of completion of the implementation can be affected. Fire-Red will notify the customer as soon as possible.
6.4 If the modified agreement has financial and / or qualitative consequences, Fire-Red will notify the customer in advance.
Article 7. Name change or shift students
7.1 If a course due to personal circumstances can not be followed, it can be moved on time only to the next course or change of course location by a payment of € 35, – administration costs. An request to shift must be submitted in writing two weeks before the course date. An request to shift within two weeks is not possible. After the request to shift the course, there is no refund for cancellation and is charged 100%.
7.2 If the participant is unable to attend the course, a free replacement can be arranged when it is an acceptable substitute for Fire-Red. The substitute has to be notified in writing to Fire-Red two working days before the start of the course. Replacement after the start of the course is not allowed. This provision shall not affect the right of Fire-Red to refuse a participant or to cancel a course.
7.3 An In-company training can not be moved without costs within 3 working days, Fire-Red will charge € 55,- – administration costs plus any costs incurred.
Article 8: Termination and cancellation of the agreement
8.1 The agreement will not terminate and there is no refund in case of illness or when unable to come.
8.2 When the agreement in case of a course is confirmed, the agreement can not be canceled for free within 30 to 14 days prior to course date and 50% of the total costs will be calculated. Within 14 days, 100% of the total costs will be calculated.
8.3 When ordered products are cancelled within 7 days for delivery, 0% of the total costs will be calculated.
8.4 The claims of Fire-Red are immediately due in the following cases:
• If after closing the agreement the aware of circumstances leads to fear that the customer fails to meet its obligations;
• If Fire-Red asked the customer to provide assurance for the compliance of the agreement and this fails or is insufficient.
8.5 In these cases, Fire-Red is authorized to suspend further implementation of the agreement or terminate the agreement, without prejudice of Fire-Red to recover damages.
8.6 Termination and cancellation of the agreement must be submitted in writing.
Article 9: Confidentiality
Data from an assignment or a customer will not be disclosed to third parties by Fire-Red without the permission of the customer, unless Fire-Red is legally required to do so.
Article 10: Intellectual property
10.1 Prejudice to Article 7 of these terms and conditions Fire-Red reserves the rights and competent she deserves under the Copyright Act.
10.2 Documents provided by Fire-Red , such as reports, advice, designs, drawings, software, etc., are intended to be used by the customer and may not without prior permission from Fire-Red to be reproduced, published, or disclosed to others.
10.3 Fire-Red also reserves the right to use the knowledge, obtained by the implementation of the work, for other purposes, as long as no confidential information is notified to third parties.
Article 11: Reclamation
11.1 The customer is obliged to inspect the supply of goods and / or services thoroughly for defects immediately after the implementation of the agreement, and in the presence of defects this must be notified immediately to Fire-Red in writing. If the customer does not indicates the defects discovered during a thorough investigation to Fire-Red within 7 days after the date of delivery of services and / or goods, the customer agrees with the state in which the goods and / or services are delivered and loses the right to complain.
11.2 The customer is obliged to specify the exact defects on presentation of relevant evidence.
11.3 Fire-Red should be able to control filed claims. If the complaint is correct in the opinion of Fire-Red, Fire-Red will have the choice to give either a fair compensation or to replace the delivery, if and to the extent possible, free of charge after return of the initially delivered, or in consultation with the customer to ensure an adequate solution.
11.4 Fire-Red is not required to further damage or expense allowance, however named.
Article 12: Force Majeure
12.1 Force majeure means in these terms and conditions in addition to its definition in the law or jurisprudence, all external causes, foreseen or unforeseen, that Fire-Red can not influence but which prevents Fire-Red not being able to fulfill its obligations. Strikes in the company are included.
12.2 Fire-Red also has the right to invoke force majeure, if the circumstance hinders (further) fulfillment, occurs after Fire-Red should have fulfilled its obligation.
12.3 During force majeure obligations of Fire-Red are suspended. If the period, where the fulfillment of the obligations by Fire-Red is not possible, lasts longer than two months both parties are entitled to terminate the agreement without there being an obligation to pay compensation.
12.4 If Fire-Red already partially fulfilled or can partially fulfill its obligations at the time of the force majeure, Fire-Red will invoice this separately and the customer is obliged to pay this invoice as if it were a separate agreement. This does not apply if the work executed or executable part has no independent value.
Article 13: Liability
13.1 If Fire-Red is responsible, the liability is limited as follows:
• the liability of Fire-Red, where it is covered by its liability insurance, is limited to the amount of the payment made by the insurance;
• if the insurer in any case does not pay or if the damage is not covered by the insurance, the liability of Fire-Red is limited to the amount of the invoice, at least that part of the assignment which the liability relates to, with a maximum of € 1.000,00
• contrary to what the previous paragraph defined, the liability is limited to the part of the fee indebted over the last six months when the assignment has a duration exceeding six months;
• the limitations of the liability contained in these terms and conditions do not apply if the damage is due to intent or gross negligence of Fire-Red or her subordinates;
• Fire-Red is never liable for consequential damages.
Article 14: Payment
14.1 Payment must be made within 14 days after the invoice date, unless otherwise agreed in writing, in a currency which has to be indicated by Fire-Red on the invoice.
14.2 The products ordered will be delivered only after payment of 100% of the total cost.
14.3 If the invoice concerns courses or training, the payment must be completed no later than two business days before the first course date.
14.4 When the date of payment is expired, the customer is neglecting. The customer owes Fire-Red an interest of 3% per month on the amount due, from the moment of neglecting, unless the statutory interest is higher in which case the statutory interest applies. Fire-Red can charge reminder costs to the customer.
14.5 When the agreement is cancelled, which in case of a course cancellation must be made in writing at least 30 days before the course date, the customer is charged a compensation of 0% of the agreement. Does the cancellation take place within 30 to 14 days, the customer is charged a compensation of 50% of the agreement including sales tax, without prejudice from Fire-Red to full compensation if so cause. If the cancellation takes place within 14 days, then the customer is charged 100% of the total costs including sales tax.
14.6 If the customer is in default or fails to fulfill any of its obligations, all reasonable costs are accounted for the customer. In any case, the customer owes:
– On the first € 2.950,00 15% – about 8% up to € 14.750,00
– About 10% up to € 5.900,00 – about 5% up to € 59.000,00 – about the rest 3%
14.7 If Fire-Red indicates to have higher costs, which were reasonably necessary, these will also qualify for reimbursement.
Article 15: Applicable law
All agreements between Fire-Red and the customer the Dutch law is applicable.
Article 16. Hire third parties
Third parties hired by Fire-Red should have its own liability insurance. Fire-Red will recount the damage, which arises during the delivery of services and products and products to the customer, on the hired party.
Article 17. Compliance and Warranty
Fire-Red warrants that the products and / or services comply with the agreement, the reasonable requirements of reliability and / or usefulness, and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
Article 18. Travel and accommodation
Travel expenses visa versa and accommodation are not included in the price of the course or service. Fire-Red is not liable for other damages, including business interruption and consequential damage if such damage is related to the course that is given or the product delivered.
Article 19: Modification and reference terms and conditions
These terms and conditions have been filed at the Chamber of Commerce The Hague. Applicable is the last registered version or the version valid at the time of the creation of the agreement.