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| General Conditions |
Page 3 of 5 4.8 If a client fails to pay on time and/or in case of non-payment MF will be entitled at its sole discretion to decide if to continue (further) implementation of the work for which he had an obligation towards the client and/or to permanently refrain the implementation of those operations. 4.9 All the costs to recover the amount owed and the costs resulting for not paying on time, originated by the client, including all judicial and extra judicial costs, where under included legal aid costs not assigned by the judge, will be borne by the client. Compensation of the extra judicial costs will be at least 15% of the principal amount owed with a minimum of Afl. 1.500,00, with reservation that MF can claim the actual damages suffered, if this is higher. 4.10 Interest, collection costs and judicial costs are not susceptible for law moderation. Article 5: Scope of the task, more and less work 5.1 The activities of MF are explicitly restricted to the activities defined in the agreement. Payment for more work will be settled in case of every increase of the activities that have been agreed. 5.2 The nature and scope of the contract is determined by the agreement made between MF and the client. If during execution of the assignment MF performed activities for the client that were not covered by the activities as agreed in the contract, these activities will be performed as an incidental assignment from the client. These activities have to be related to an interim consultation between MF and the client. The general conditions of this contract shall also apply to this (further) agreement(s) with MF. Article 6: (In) Delivery date 6.1 (In) Delivery dates given by MF can never be regarded as mandatory. Therefore, in case of (in) delivery date failure, MF has to be noticed in advance of default in written notice. 6.2 The agreed (in) delivery deadline date starts as of the date on which the agreement was established, or was more closely stipulated, yet in no case before the date on which MF has in its possession all the necessary documents, a (topographical) map of the client’s pipelines, permits, etc. |
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