Version 1.0 – July 2023
VAT number: NL858501387B01
9.1 CHL is not obligated to comply with any obligation towards the Client if it is hindered from doing so as a result of a circumstance which is not due to fault, nor which is for its account under the law, a legal act or generally accepted practice.
In these General Terms and Conditions, force majeure means, in addition to its definition in the law and case law, all causes, foreseen or unforeseen, which CHL cannot influence but which prevent CHL from fulfilling its obligations, including but not limited to (Internet) outages, fire, power outage, electricity outage, floods, strikes, labour unrest, staff illness, war (whether declared or not), terrorism, embargoes, blockades, legal restrictions, riots, government measures in the broadest sense relating to the provision of the services and/or CHL’s website, cybercrime, delays in the delivery of products/data or services by suppliers or auxiliary persons. Such circumstances also include persons, services and/or institutions used by CHL for the purposes of the services offered.
To the extent that CHL has already partially fulfilled its obligations or will be able to fulfil its obligations at the time the force majeure occurs, CHL is entitled to separately invoice the part that has already been fulfilled or is to be fulfilled, respectively. The Client is obligated to pay this invoice as if it were a separate Agreement or offered service.
If either party is unable to fulfil any obligation under the Agreement or service offered, they are obligated to notify the other party as soon as possible.
Applied and relevant taxes will be listed separately on the invoice.
The Client indemnifies CHL against any claims by third parties who suffer damage in connection with the performance of the Agreement or services offered and the cause of which is attributable to parties other than CHL.
All legal relationships to which CHL is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The court in CHL’s domicile shall have exclusive jurisdiction over any disputes, unless the law imperatively prescribes otherwise. Nevertheless, CHL has the right to submit the dispute to the court with jurisdiction according to the law.
The parties will only appeal to the courts after making every effort to settle a dispute by mutual agreement.
These General Terms and Conditions have been filed with the Amsterdam Chamber of Commerce.
The most recently filed version or the version valid at the time the legal relationship with CHL was established shall always apply.
The Dutch text of the General Terms and Conditions is always decisive for its interpretation.