General terms and conditions
GENERAL TERMS AND CONDITIONS OF B.V. INTERFARMS EMIGRATIESERVICE
- Applicability and services
1.1. These general terms and conditions apply to all services delivered by Interfarms in the Netherlands and abroad, regardless of whether a commission for these services has been given or not.
- Participant: a Dutch agricultural real estate agent with whom Interfarms has entered into a collaborative contract.
- Purchasing consultant: the foreign contact with whom Interfarms has entered into a collaborative contract and who supervises the emigration- and purchase process abroad.
- Potential emigrant: the Dutch agricultural entrepreneur exploring the possibility of emigration, or intending to emigrate.
- Client: any person using the services of Interfarms in any way, including the participants, the purchasing consultants, and the potential emigrants.
- Commissioning party: the person who has given Interfarms a written commission for the provision of services.
1.3. Services are understood to mean:
- providing information to Dutch agricultural entrepreneurs regarding the options of emigration, by means of advertising, maintaining and updating a website, holding information meetings, organizing study trips, and attending fairs;
- referring potential emigrants to participants and purchasing consultants;
- supervising and coordinating the process of emigration of Dutch agricultural entrepreneurs and their families during both the orientation stage and the time of actual emigration, and conducting valuations and appraisals (or having them conducted) for that purpose;
- providing information about current developments within Interfarms to participants and purchasing consultants, and keeping a database of potential emigrants updated for that purpose;
- visa applications for potential emigrants.
1.4. All commissions are contracted in writing.
2.Provision of information
2.1. Interfarms observes the greatest possible accuracy with regard to the compilation of written and oral information and aims to keep it updated as much as possible. Interfarms accepts no liability for any shortcomings in this information if these shortcomings could not have been prevented or detected by paying normal attention.
2.2. Interfarms does not carry any liability for incorrect or incomplete information provided by persons or institutions not employed by Interfarms.
2.3. All information will be provided in the Dutch language as much as possible. Interfarms aims to provide translations of texts from and into foreign languages as accurately as possible. If, nevertheless, there is a conflict between the contents of the Dutch text and that of the foreign-language text, the text in the original language will prevail.
3.Referral to participants and purchasing consultants
3.1. For the purpose of commissioned sales, Interfarms refers potential emigrants to one of its participants, preferably to one residing in the potential emigrants’ own region. Potential emigrants are free to make a different choice.
3.2. For the purpose of commissioned purchases abroad, Interfarms brings potential emigrants into contact with the purchasing consultant in the country concerned.
3.3. To determine the financial feasibility of emigration, potential emigrants can have their property appraised. For this, Interfarms refers potential emigrants to one of its participants, preferably one residing in the potential emigrants’ own region.
3.4. Services commissioned to a participant or to a purchasing consultant will be at the risk and expense of the participant or purchasing consultant concerned. These commissions will be subject to the General Terms and Conditions of the participant or purchasing consultant concerned. Potential emigrants will indemnify Interfarms for any claims ensuing from shortcomings caused during the performance of those commissions.
4.1. Any payments agreed upon for services provided by Interfarms have to be made in euros, unless it has been agreed otherwise.
4.2. All prices specified are exclusive of VAT.
4.3. All costs Interfarms has to make in and out of court regarding the collection of amounts payable by the commissioning party or regarding Interfarms defence against any wrongly alleged claims made by the commissioning party will be for the commissioning party’s account.
5.1. All services provided by Interfarms should be regarded as best-effort obligations. Interfarms carries liability for shortcomings in the provision of services if they are the result of non-compliance with the requirements of accuracy and expertise that the client must be able to rely on with regard to the provision of advice and information in the context of the services concerned.
5.2. Interfarms will at no time be obliged to pay compensation for any form of direct or indirect damage caused by the activities of participants, purchasing consultants, or third parties in the context of their services or, as the case may be, resulting from the commissioned services provided by participants, purchasing consultants, or third parties.
5.3. The client indemnifies Interfarms for any claims made by third parties regarding damage relating to, or ensuing from the activities performed, information provided, or advice given by Interfarms, unless this damage results from an intentional act or gross culpability on the part of Interfarms.
6.Culpable shortcomings, force majeure, suspension, and termination
6.1. In the event a service has been commissioned to Interfarms, and the client is fully or partially in breach of any obligation ensuing from the contract entered into with Interfarms, as well as in the event of bankruptcy or suspension of payment, or in the event of cessation or liquidation of the client’s business, or if the client’s business is threatened by an attachment of assets, or (if the client is a natural person) if he dies, or loses his right to dispose of his own assets, the client will be considered legally in default without any notice of default being required. In such cases, Interfarms will have the right to fully or partially terminate the contract or suspend its implementation, without Interfarms being obliged to pay any damages or uphold any guarantee and without prejudicing any other rights Interfarms has. Interfarms will then also have the right to demand payment of costs, damages, and interest amounts already incurred, including any profits lost by Interfarms as a result of the client’s default.
6.2. Interfarms cannot be held accountable for non-compliance with any contractual arrangement if this non-compliance is due to force majeure. In this case, Interfarms has the right to cancel the commission without being obliged to pay the client any damages. If a situation of force majeure arises, Interfarms will promptly notify the client of this.
7.1. The commissioning party and Interfarms are mutually obliged to observe strict confidentiality with regard to any details that have come to their attention within the context of the contract and regarding which it is clear that they belong to other people’s confidential information.
8.1. Each contract is subject to Dutch law.
8.2. All disputes are subject to the judgment of the competent Court in the District where Interfarms has its place of business.