Article 1. Definitions

1.1. “Plug and BIM B.V.”: registered with the Curaçao Chamber of Commerce under number 162821.

1.2. “Client”: any natural or legal person, acting in the course 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 regarding the supply of services.

1.4. “Services”: all services offered by Plug and BIM B.V., including consultancy, design, support 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 and services of Plug and BIM B.V.

2.2. Deviations from these terms and conditions 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 concluded by written or verbal acceptance of the offer.

3.2. Performance of the agreement without objection is considered 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 property of Plug and BIM B.V., even if costs are charged or such documents are separately listed 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 delivered. Any other use, including reuse for other projects, distribution, reproduction, or modification, is prohibited without prior written consent from Plug and BIM B.V.

4.3. Unauthorized use of the documentation, in whole or in part, including reproduction, modification, or distribution without prior written consent, constitutes a breach of these terms and will result in a penalty of €10,000 per infringement, without prejudice to the right of Plug and BIM B.V. to claim full compensation.

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

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

4.6. Each design or engineering assignment includes a maximum of 2 revision rounds. Any additional revisions or modifications will be considered additional work and will be quoted separately.

 

Article 5. Advice, Standards, and Construction Responsibility

5.1. Plug and BIM B.V. acts solely as a consultant. 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 damages resulting from such non-compliance.

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

5.4. Plug and BIM B.V. is not responsible for deliveries, quality, or availability of materials and products supplied by other parties. Any costs or delays arising from missing, incorrect, or forgotten materials remain entirely the responsibility of the Client.

 

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 damages resulting from intent or gross negligence, up to a maximum of the invoice amount relating to the relevant delivery or service.

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

7.3. Plug and BIM B.V. is not liable for damages arising from incorrect or incomplete information provided by the Client.

7.4. Complaints must be submitted in writing within 2 months after discovery.

 

Article 8. Force Majeure

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

 

Article 9. Confidentiality

9.1. Both parties are obliged to maintain confidentiality regarding all information obtained in the context of the agreement.

 

Article 10. Governing Law and Disputes

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

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