General Terms and Conditions

The following registered terms and conditions apply to all our deliveries and services. We also have general purchasing conditions for suppliers. These can be requested from the Chamber of Commerce.

Article 1: Applicability

1.1 These terms and conditions apply to all quotations, agreements, execution of assignments, and deliveries by Fortis AI, including any amendments thereto. 1.2 Deviations from these terms and conditions are only valid if confirmed in writing by Fortis AI. 1.3 All quotations issued by Fortis AI and the prices and conditions stated therein are entirely without obligation and non-binding. 1.4 Assignments are only binding if confirmed in writing by Fortis AI.

Article 2: Prices

2.1 All prices are exclusive of VAT. 2.2 If a fixed price is agreed upon, this may be deviated from if the information on which this price is based proves to be incorrect or incomplete. In that case, the price will be calculated based on a final calculation of hours and materials after consultation with the client. 2.3 All prices in quotations, price lists, brochures, and offers are subject to change.

Article 3: Delivery

3.1 If an agreed delivery time proves unattainable, the client will be notified in a timely manner. An overrun of the delivery time does not entitle the client to compensation for damages. 3.2 A delivery note signed for approval, or a form describing the hours worked, serves as proof of the delivery of the service in accordance with the agreements. 3.3 If payments are outstanding whose term has already expired, Fortis AI reserves the right to refuse new assignments or suspend already agreed assignments until the payment obligation has been met.

Article 4: Complaints/Liability

4.1 Complaints regarding the delivered services must be reported in writing within eight days of delivery. Fortis AI must be given the opportunity to remedy the complaint and/or limit the damage within a reasonable period. If the client fails to do so or does not cooperate, the right to compensation expires. 4.2 If there is damage demonstrably caused by the work performed by Fortis AI, the client may receive compensation for it. 4.3 Only direct damage, which is understood as demonstrable damage to equipment or software caused by the work of Fortis AI, will be compensated. Indirect damage, such as loss of profit, is explicitly excluded. 4.4 The amount of compensation will be a maximum of the amount Fortis AI charged for the service to which the damage relates, with a maximum of three months of service provision. The liability of Fortis AI remains at all times limited to the amount for which liability insurance provides coverage.

Article 5: Force Majeure

5.1 Force majeure includes, but is not limited to: natural disasters, strikes, pandemics, cyberattacks, or other unforeseen circumstances beyond the sphere of influence of Fortis AI. 5.2 In the event of force majeure, there is no right to compensation and agreed delivery times may be postponed without the client having the right to cancel the agreement.

Article 6: Payment

6.1 Payment must be made in full within 14 days of the invoice date. If payment is not made on time, the invoice amount will be increased by an interest rate of 1% per month and €25 administration costs per reminder. All costs incurred to collect the invoice, including legal costs, are for the account of the client. 6.2 Compensation for any claim asserted by the client is excluded. 6.3 A dispute regarding the amount due must be reported in writing immediately upon receipt of the invoice. Failure to do so will be deemed that no dispute exists.

Article 7: Termination

7.1 Agreements between parties may be dissolved without judicial intervention, provided the dissolution is confirmed in writing, if one of the parties loses the authority to dispose of its assets, such as in the event of seizure, an application for suspension of payments, or a bankruptcy filing.

Article 8: No Takeover Clause

8.1 It is not permitted to approach employees or freelancers working for Fortis AI for a direct agreement during the assignment or its extension, as well as one year from the termination of the assignment. In case of violation, the client owes an immediately due penalty of €25,000 per event without further notice or default. This penalty does not affect the other rights of both parties, including the right to compensation.

Article 9: Disputes

9.1 All disputes arising from the agreement shall initially be submitted to an independent mediator. If mediation does not lead to a solution, disputes shall be exclusively submitted to the court in ’s-Hertogenbosch, without prejudice to the right of appeal.

Article 10: Deposit

10.1 These terms and conditions of delivery have been filed with the Chamber of Commerce in Eindhoven under number 17085365 and can also be consulted on the website of Fortis AI.