General conditions
General terms and conditions of KRNWTR B.V.
July 2022
1. Definitions
In the following General Terms and Conditions, the following definitions shall apply:
Subscription:
the agreement between KRNWTR B.V. and Tenant for the use of the KRNWTR Water Tap Plant by Tenant as well as any other agreement between KRNWTR B.V. and Tenant
General Conditions:
these general conditions applicable to each Subscription;
Purchase Contract:
the agreement between KRNWTR B.V. and Buyer for the purchase of the KRNWTR Water Tap Plant by Buyer as well as any other agreement between KRNWTR B.V. and Buyer.
General Conditions:
these general conditions applicable to each Purchase Contract;
Service Contract:
the agreement between KRNWTR B.V. and Customer for the Service of the KRNWTR Water Tap Plant for Customer as well as any other agreement between KRNWTR B.V. and Customer.
General Conditions:
these general conditions applicable to each Service Contract;
End Date:
the date on which the Subscription/Service Contract ends by termination by Tenant/Client as set forth in clause 6.3;
KRNWTR Water Tapping Plant:
the KRNWTR Water Tapping Plant including goods made available by KRNWTR B.V. to Tenant/Buyer/Customer under the Subscription/Buy Contract/Service Contract for use by Tenant/Buyer/Customer in accordance with the General Terms and Conditions;
Tenant/Purchaser/Customer:
any natural person or legal entity who enters into a Subscription/Purchase/Service Contract with KRNWTR B.V;
Wrongful Service and Installation Claim:
has the meaning ascribed to it in article 5.4;
KRNWTR B.V. :
KRNWTR B.V. Keizersgracht 433A, 1017 DJ, Amsterdam;
Service:
the resolution by KRNWTR B.V. of a problem for Tenant/Client with respect to the KRNWTR WaterTap Plant by repairing it or exchanging it for another KRNWTR WaterTap Plant in the event of a KRNWTR WaterTap Plant defect covered by the warranty.
Installation:
the installation by a third party installer or a KRNWTR B.V. installer of a KRNWTR WaterTap Installation at the Tenant/Purchaser's premises with respect to the Subscription or Purchase Contract.
2. Applicability
2.1 These General Terms and Conditions apply to every Subscription/Buy Contract/Service Contract between KRNWTR B.V. and Tenant/Buyer/Customer.
2.2 Agreements between KRNWTR B.V. and the Tenant which deviate from, or supplement, these General Terms and Conditions shall only be valid if they have been expressly confirmed by KRNWTR B.V. in writing by e-mail.
2.3 All amounts quoted by KRNWTR B.V. are exclusive of VAT.
3. Subscription/Service Contract
3.1 The Hirer/Client will have a KRNWTR Water Tapping Plant at his disposal for the duration of the Subscription/Service Contract.
3.2 The KRNWTR WaterTap Plant is/is supplied with the accessories as described in the Subscription/Service Contract/Purchase Contract.
3.3 The Subscription and the ServiceContract entitle the Customer to Periodic Service (see article 5). This means:
The free repair of defects to the KRNWTR Water Tapping Installation caused by wear and tear and normal use of the KRNWTR Water Tapping Installation;
The free exchange, if necessary, of the KRNWTR Water Tapping Installation at the location where the KRNWTR Tap Installation was delivered.
3.4 The KRNWTR WaterTap Installation may be equipped with an advertising message. If the advertisement is damaged, or an advertisement completely disappears from the KRNWTR WaterTap Installation , the Hirer must immediately contact KRNWTR B.V. and the Hirer/Buyer/Customer shall be responsible for the damage suffered.
4. Conditions
4.1 Tenant/Customer shall make normal use of the KRNWTR Water Tapping Plant and shall take care of the KRNWTR Water Tapping Plant with due diligence.
4.2 The KRNWTR Water Tap Plant is intended for the personal use of the Renter/Customer only.
4.3 Tenant/Client must be in possession of a SEPA bank account number.
4.4 The KRNWTR WaterTap Plant, in the case of a Subscription, shall at all times remain the property of KRNWTR B.V. The Hirer shall not be permitted to establish or grant any (security) right to the KRNWTR WaterTap Plant for the benefit of a third party.
4.5 Tenant/Buyer/Customer is personally liable for compliance with the Terms and Conditions.
4.6 The Hirer/Customer is responsible for the timely communication of changes in the data known to KRNWTR B.V., such as a new address. KRNWTR B.V. shall be free to terminate the contract if the new address is located at a location less convenient for KRNWTR B.V.
4.7 The Hirer/Customer shall not make any changes to the KRNWTR Water Tapping Plant that cannot be removed without damaging the KRNWTR Water Tapping Plant or that interfere with its operation or servicing.
4.8 Tenant/Customer is aware that the KRNWTR WaterTap Plant may be owned by a leasing company. Where the KRNWTR WaterTap Plant is owned by a leasing company, the Hirer shall be obligated to either surrender the KRNWTR WaterTap Plant to the leasing company at the first request of the leasing company or pay the future rental rate to the leasing company in full discharge.
5. Service/Installation
5.1 KRNWTR B.V. strives to service a KRNWTR WaterTap Installation (in case there is a Service Contract) within one week after KRNWTR B.V. has been contacted by Tenant/Client via email. Service/Installation will be done by appointment with Tenant/Customer.
5.2 If the target time is not met, no compensation or indemnity may be claimed by Renter/Client.
5.3 Service takes place only in case of a defect of the KRNWTR WaterTap Plant and only at the delivery address of the Renter/Customer.
5.4 If Tenant/Buyer/Client wrongly requests Service or Installation (an "Unjustified Claim"), KRNWTR B.V. has the right to charge EUR 250,- for call-out fees. If Tenant/Buyer/Client is not present or the necessary preparations are not ready at the agreed time, this shall also be considered an Unjustified Claim.
6. Subscription/Service Contract Term and Termination.
6.1 The Subscription/Service Contract is entered into for a period of five years, unless otherwise agreed (the "Term"). After this period, the Subscription is tacitly renewed each time for a period of one month.
6.2 The cost of the Subscription/Service Contract for the first month is calculated pro rata the number of days remaining in the relevant month using the monthly rate.
6.3 The notice period of the Subscription/Service Agreement is one month and cannot be terminated during the Term. As of the day the written termination of the Subscription/Service Contract by Tenant/Client is received by KRNWTR B.V. via email, the Subscription will continue for one month so that the Subscription ends one month after the day the termination is received by KRNWTR B.V. (the "End Date").
6.4 Tenant/Customer shall be entitled to the use of the KRNWTR Water Tap Plant after termination until the End Date and the obligation to pay the Subscription/Service Contract charges.
6.5 The KRNWTR Water Tap Plant must be returned to KRNWTR B.V. by the Renter no later than the End Date.
6.6 Where the KRNWTR Water Tap Plant is surrendered/ terminated by the Renter/Client prior to the Termination Date, all rights of the Renter/Client under the Subscription shall thereby terminate without prejudice to the obligation of the Renter to pay the full Subscription Fees and other charges until the Termination Date.
6.7 Before the KRNWTR WaterTap Installation is returned to KRNWTR B.V., the Hirer may at any time cancel the termination and reactivate the Subscription by emailing KRNWTR B.V.
6.8 If the KRNWTR Water Tapping Installation has not been transferred by the Renter to KRNWTR B.V. by the End Date at the latest, the Renter shall owe a penalty of EUR 25 per day until the KRNWTR Water Tapping Installation has been transferred to KRNWTR B.V. or the Subscription has been reactivated, subject to a maximum of seven days.
6.9 If the KRNWTR WaterTap Installation has not been handed over to KRNWTR B.V. within seven days after the End Date or KRNWTR B.V. has put KRNWTR B.V. in a good position to pick up the KRNWTR WaterTap Installation and the Subscription has not been reactivated, KRNWTR B.V. shall report the theft by the Renter. In that case, the Hirer shall also be obliged to compensate KRNWTR B.V. for the damage suffered by KRNWTR B.V. without prejudice to KRNWTR B.V.'s right to seek full compensation for the damage suffered by it, insofar as it exceeds the amount of the established compensation in addition to the normally applicable Subscription Price.
7. Theft or loss
7.1 In the event of loss or theft of the KRNWTR WaterTap installation, the Hirer shall be responsible and obliged to report this to KRNWTR B.V. within one day and, together with an employee of KRNWTR B.V., to file a report. In that case the Tenant shall owe an excess of at least € 2,750 and a maximum of the then applicable sales price plus installation costs per KRNWTR WaterTap installation. Tenant shall receive a replacement KRNWTR WaterTap installation from KRNWTR B.V. after the declaration has been completed.
8. Damage
8.1 Damage to the KRNWTR Water Tapping Plant shall be reported by the Hirer to KRNWTR B.V. within 24 hours.
8.2 If there is any damage and wear and tear to the KRNWTR Water Tapping Plant other than is to be expected through normal use, at KRNWTR B.V.'s discretion, KRNWTR B.V. reserves the right to recover the costs thereof from the Hirer.
8.3 In the event of damage caused by the (co-)fault of a third party, the Hirer shall be obliged to submit to KRNWTR B.V. the contact details of this third party and a situation sketch signed for approval by both parties. If no contact details of the third party are submitted, the damage will be charged to the Tenant.
9. Payments
9.1 Upon conclusion of a Subscription/Service Contract, the Renter/Client shall be required to also authorize the direct debit of the monthly subscription/service charges and other fees due from the account number provided. In the cases where this is deviated from by KRNWTR, for example in the case of purchase, there is a payment term of 14 days from dispatch of the relevant invoice.
9.2 Where additional costs are charged, such as the excess and surcharges, KRNWTR B.V. shall have the right to require payment thereof first before delivering a new KRNWTR Water Tapping Installation to the Renter/Client. If the Tenant indicates that he is able to pay the outstanding amount and this turns out not to be the case, this shall constitute an Unjustified Claim and costs may be charged.
9.3 If the subscription/service or other charges cannot be debited or are wrongly reversed, the Renter/Client is legally in default. The Renter/Client will then receive a reminder to pay the amount due within fourteen days. If the amount due is not paid within the period of fourteen days, KRNWTR B.V. may engage a collection agency. All additional administration and extrajudicial collection costs shall be borne by the Renter/Client.
10. Return old KRNWTR WaterTap Plant.
10.1 It is possible for the Renter to return his old water tap installation at the start of the Subscription for a fee in the form of a discount on the Subscription.
10.2 The discount is determined per water tap installation and must be approved by both the Renter and KRNWTR B.V. If Tenant and KRNWTR B.V. do not agree on the amount of the rebate, the old water tap installation will not be taken back by KRNWTR B.V.
11. Liability
11.1 If KRNWTR B.V. is or should be held liable, such potential liability shall be limited to the provisions of this clause.
11.2 Should KRNWTR B.V. be liable for any damages, KRNWTR B.V.'s liability shall be limited to a maximum of the invoice value of the order, at least to that part of the order to which the liability relates.
11.3 The liability of KRNWTR B.V. shall in any case always be limited to the amount of the insurer's payment.
11.4 KRNWTR B.V. shall only be liable for direct damage.
11.5 KRNWTR B.V. shall never be liable for indirect damages, including consequential damages, lost profits, lost savings and damages due to business interruption.
11.6 If Tenant/Buyer/Customer puts/has a KRNWTR WaterTap Plant in use, this shall be taken as proof that it is functioning properly and is free of defects.
11.7 If there is any doubt by Tenant/Buyer/Customer regarding the safety of the KRNWTR Water Tapping Plant, KRNWTR B.V. must be contacted immediately.
11.8 The use of the KRNWTR Water Tapping Plant by Tenant/Buyer/Customer is at Tenant/Buyer/Customer's own risk.
11.9 KRNWTR B.V. shall not be liable for any direct or indirect damages suffered by Tenant/Buyer/Customer as a result of the use of the KRNWTR Water Tapping Plant including but not limited to water damage for any reason whatsoever, except in the case of intent or gross negligence on the part of KRNWTR B.V.
11.9.1 Tenant is responsible for timely notification of any defects and/or damage to the KRNWTR Water Tap Plant.
11.9.2 KRNWTR B.V. shall not be liable for any direct or indirect damage caused by the third party or parties it engages.
12. Change
12.1 KRNWTR B.V. reserves the right to change the costs of a Subscription/Service Contract. Changes shall be announced to Tenant/Customer by e-mail at least two months prior to the effective date.
12.2 Changes to the Terms and Conditions will be announced at least one month before the effective date by means of a notice on the website www.KRNWTR.nl and the latest version of the Terms and Conditions can be read on the website www.KRNWTR.nl
12.3 KRNWTR B.V. shall at all times have the right to assign its claims against Tenant/Buyer/Client on whatever grounds to third parties.
12.4. Tenant/Client may change the Subscription to a more expensive Subscription free of charge and KRNWTR B.V. shall, by appointment, arrange for the exchange of the KRNWTR Water Tapping Plant to a KRNWTR Water Tapping Plant appropriate to the new Subscription.
13. Failure to fulfill obligations
13.1 KRNWTR B.V. shall have the right to cancel or terminate the Subscription/Service Contract in whole or in part with immediate effect by means of a written notice to the Tenant/Customer, if:
Tenant/Client is in default with the fulfillment of his obligations under the Subscription/Service Contract;
Tenant/Client applies for or is granted (provisional) suspension of payments;
Tenant/Client's bankruptcy is filed for or he is declared bankrupt;
The Tenant/Client is placed under guardianship or admitted to the debt rescheduling arrangement for natural persons;
The KRNWTR WaterTap Plant or other property of the Tenant/Client is seized at the expense of the Tenant/Client and this adversely affects the performance of his obligations under the Subscription/Service Contract;
The Tenant/Client, in the opinion of KRNWTR B.V. misuse the service offered by KRNWTR B.V.;
Hirer/Customer intentionally provides or has provided KRNWTR B.V. with incorrect information, or Hirer/Customer must otherwise no longer be deemed capable of fulfilling the obligations under the Subscription/Service Contract.
13.2 Tenant/Customer shall have the right to terminate the Subscription/Service Contract with immediate effect if KRNWTR B.V. has repeatedly and/or severely breached its obligations as described in the General Terms and Conditions.
14. Privacy
14.1 KRNWTR B.V. considers it important to protect personal data properly. If you have any questions or comments, please contact us at info@krnwtr.nl.
15. Governing Law. Disputes
15.1 The Subscription/Buy Contract/Service Contract and the General Conditions are governed exclusively by Dutch law.
15.2 All disputes arising from or related to the Subscription/Buy Contract/Service Contract shall be submitted exclusively to the competent court in Amsterdam.
