General conditions
GENERAL PURCHASE, RENTAL AND PAYMENT CONDITIONS VESTROCK
Date: March 31, 2025
1. Definitions
VESTROCK: Stichting VESTROCK.
Supplier: the party with which VESTROCK concludes a purchase or rental agreement or a contract of assignment.
Purchase agreement: the agreement concluded between VESTROCK and the supplier that entails that the supplier transfers ownership of an item to VESTROCK for a fee.
Rental agreement: the agreement concluded between VESTROCK and the supplier that entails that the supplier makes an item temporarily available to VESTROCK for a fee.
Written: correspondence by letter or e-mail.
2. Scope of agreement and contact persons
Agreements that deviate from these general terms and conditions or agreements that supplement or deviate from the original agreement are only binding on VESTROCK if they have been confirmed in writing by VESTROCK to the supplier. Any (delivery and payment) conditions of the supplier shall not apply, unless confirmed in writing by VESTROCK.
Notifications, directions and instructions by and to the supplier in the context of (the execution of) the agreement shall be made by and to the contact persons of VESTROCK. VESTROCK shall provide the supplier with a list of the contact persons and their powers in a timely manner.
Notifications and deliveries to VESTROCK shall only be deemed to have been made if they are addressed to the designated contact person.
3. Delivery
Unless otherwise agreed in writing, the supplier shall ensure the delivery of the goods, and where applicable the execution of the work to be carried out in that context, at the agreed time and place. All deadlines are fatal, unless otherwise agreed in writing or it is otherwise clear that it does not concern a fatal deadline.
The supplier must inform VESTROCK without delay in writing of any circumstance that may cause a delay in the delivery. In such a case, the supplier remains bound by its obligation to correctly fulfil its obligations.
If the supplier fails to properly fulfil its obligations in a timely manner, VESTROCK will be entitled, without further notice of default, to ensure immediate replacement of the goods or services to be delivered; all associated additional costs will constitute a loss for VESTROCK, which will be entirely at the expense and risk of the supplier.
A packing list must be present with the goods to be delivered. This list, stating the order number, states the delivered item(s) and their quantity(s).
The goods are only deemed to have been delivered if VESTROCK has signed for receipt thereof. For goods that are returned to the supplier, the supplier must sign for return receipt.
4. Prices
The supplier will charge the prices stated in the agreement for the goods to be delivered and the work to be carried out in that regard.
These prices include full compensation for the goods in question, including transport costs, delivery costs, installation costs and taxes, unless expressly agreed otherwise.
5. Payment conditions
VESTROCK will pay invoices from suppliers after completion of delivery of the goods, unless otherwise agreed. VESTROCK applies a payment term of 30 days, unless otherwise agreed in writing.
The invoice must be sent by the supplier to VESTROCK at the address Postbus 207, 4560 AE in Hulst and by e-mail to the relevant VESTROCK contact person.
VESTROCK will pay the invoice by transferring the price due to the bank account number specified in writing by the supplier. Payment will take place no later than thirty days after receipt of the invoice at the aforementioned e-mail address or home address.
If an invoice needs to be corrected, the payment term commences on the day of receipt of the corrected invoice. In the event of an unexpected situation in which it is impossible for VESTROCK to fulfil its part of the agreement due to force majeure, in particular a law or measure announced by the government that prohibits or hinders the organisation of the festival, VESTROCK is entitled to suspend the performance of the agreement free of charge or to terminate the agreement free of charge.
6. Personnel
The supplier will deploy sufficient and sufficiently competent and skilled personnel for the correct execution of the agreement.
The supplier will only deploy foreigners within the meaning of the Foreign Nationals Employment Act (Wav) if a valid work permit to that effect is available. If a fine is imposed on VESTROCK by the labour inspectorate in respect of a foreigner deployed by the supplier, the supplier is obliged to reimburse VESTROCK for the fine imposed.
The supplier will indemnify VESTROCK against all claims by the supplier's personnel against VESTROCK in connection with damage suffered by this personnel during, at or in the context of the work for VESTROCK.
The supplier will indemnify VESTROCK against all claims by third parties as a result of damage caused by the personnel during, at or in the context of the work. The supplier is obliged to instruct its personnel to observe the codes of conduct, parking regulations, security procedures and house rules maintained by VESTROCK - and made known orally or in writing -, to comply with reasonable requests from VESTROCK and to otherwise behave properly. The personnel of the supplier is obliged to be recognisable as such during the opening hours of the festival and to wear wristbands in that respect.
The personnel of the supplier will be able to identify themselves as such to VESTROCK and must have a valid proof of identity.
7. Liability
VESTROCK is never liable for any (in)direct damage caused by the use of the items delivered to VESTROCK, which damage also includes consequential damage, immaterial damage and business damage.
The supplier indemnifies VESTROCK against all claims for damages from third parties in connection with the items delivered.
8. Suspension and termination
If the supplier does not, does not timely or does not fully comply with the obligations arising from the agreement, as well as in the event of bankruptcy, debt restructuring or suspension of payment, VESTROCK is entitled to suspend the performance of the agreement for a reasonable period or to terminate the agreement.
9. Confidentiality and privacy
The supplier undertakes not to disclose in any way anything that comes to his attention during the performance of the agreement and of which he knows or should reasonably have suspected the confidential nature.
The supplier ensures that his personnel observes the statutory provisions regarding privacy protection.
10. Applicable law and choice of forum
The legal relationship between the supplier and VESTROCK is governed by Dutch law.
Only the Dutch court has jurisdiction.
All disputes arising from the agreement will be settled by the Zeeland-West-Brabant court in Middelburg, except insofar as mandatory rules of jurisdiction provide otherwise.