Article 1. Definitions

1.1. "Plug and BIM B.V." registered with the Chamber of Commerce under number 162821.

1.2. "Client": any natural or legal person, acting in the exercise of a profession or business, who enters into an agreement with Plug and BIM B.V.

1.3. "Agreement": any arrangement between Plug and BIM B.V. and the Client concerning the delivery of products and/or services.

1.4. "Services": all services offered by Plug and BIM B.V., including advice, design, support, and delivery of prefab installations.

1.5. "Products": all physical and digital goods supplied by Plug and BIM B.V.

1.6. "Base Drawing": the original architectural or installation drawing provided by Plug and BIM B.V.

 

Article 2. Applicability

2.1. These general terms and conditions apply to all offers, agreements, deliveries, and services of Plug and BIM B.V.

2.2. Deviations from these terms are only binding if agreed in writing.

 

Article 3. Formation of the Agreement

3.1. All offers from Plug and BIM B.V. are non-binding unless stated otherwise. The agreement is established upon written or verbal acceptance of the offer.

3.2. Performing the agreement without objection constitutes acceptance of the offer.

 

Article 4. Intellectual Property & Copyright

4.1. All intellectual property rights relating to drawings, designs, advice, and other documentation provided by Plug and BIM B.V. remain the sole property of Plug and BIM B.V., even if costs have been charged or such documents are listed separately in an offer.

4.2. The Client is granted a non-exclusive, non-transferable right to use the provided documentation solely for the specific project for which it was supplied. Any other use, including reuse for different projects, distribution, reproduction, or modification, is strictly prohibited without prior written permission from Plug and BIM B.V.

4.3. Unauthorized use of documentation, in whole or in part, including reproduction, adaptation, or distribution without prior written consent, constitutes a breach of these terms and is subject to a penalty of €10,000 per infringement, without prejudice to Plug and BIM B.V.’s right to claim full compensation for damages.

4.4. Client-specific additions or modifications to a base drawing do not create a new base drawing and do not affect the ownership of the original content.

4.5. All copyrights and intellectual property rights remain in full force after delivery and payment, unless explicitly transferred in writing by Plug and BIM B.V.

 

Article 5. Advice, Standards, and Construction Responsibility

5.1. Plug and BIM B.V. acts solely in an advisory capacity. The Client is fully responsible for compliance with local laws and regulations, including construction and electrical standards.

5.2. Plug and BIM B.V. cannot be held liable for non-compliance with applicable regulations or for damage resulting from such non-compliance.

5.3. The Client is responsible for all construction work required to enable the installation of the electrical prefab system, including recesses, conduits, structural provisions, etc.

 

Article 6. Price and payment

6.1. Unless stated otherwise, all prices are exclusive of VAT.

6.2. Payment must be made within 14 days of the invoice date.

6.3. In the event of late payment, the Client owes interest and (extra)judicial collection costs.

 

Article 7. Liability

7.1. Plug and BIM B.V. is only liable for direct damage resulting from intent or gross negligence, up to the amount of the invoice related to the relevant delivery or service.

7.2. Liability for indirect damage, such as consequential damage or loss of profit, is excluded.

7.3. Plug and BIM B.V. is not liable for damage caused by incorrect or incomplete information provided by the Client.

7.4. Complaints must be reported in writing within 2 months of discovery.

 

Article 8. Force Majeure

8.1. Plug and BIM B.V. is not liable for damage resulting from force majeure, including but not limited to infrastructure failures, government measures, natural disasters, strikes, or personnel shortages.

 

Article 9. Confidentiality

9.1. Both parties are obliged to keep confidential all information obtained in the context of the agreement.

 

Article 10. Applicable Law and Disputes

10.1. All agreements are governed by the laws of Curaçao.

10.2. Disputes shall be submitted exclusively to the competent court in the district where Plug and BIM B.V. is established.

 

Article 11. Final Provisions

11.1. If any provision is null and void, the remaining provisions shall remain fully effective. In that case, the parties shall agree on a new provision that reflects the original intent as closely as legally possible.

11.2. Plug and BIM B.V. reserves the right to amend these general terms and conditions. Amendments take effect 30 days after notification via www.plugandbim.com or by email.