Terms and Conditions

Private limited company Safety Products B.V. (hereinafter: Safety Products) is registered with the Dutch Chamber of Commerce under number 96978287.

Article 1 – Definitions

1. Business: The natural or legal person acting in the exercise of a profession or business.
2. Purchaser: the Business that enters into an Agreement with the Seller.
3. Seller: the party offering Products to the Purchaser, hereinafter: Safety Products.
4. Offer: any Offer made to the Purchaser for the supply of Products by the Seller, in the form of an agreement, contract, or quotation.
5. Products: the Products sold by Safety Products.
6. Agreement: the (purchase) Agreement relating to the sale and delivery of Products purchased by the Purchaser from Safety Products.
7. Partner Agreement: the Agreement being an (annual) contract between the Purchaser, also referred to as the exclusive partner, in which the conditions such as prices, delivery dates, payment terms, and other arrangements are included.
8. Minimum Purchase: the minimum annual purchase obligation of the Purchaser as specified in the Agreement or Partner Agreement.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer made by Safety Products and every Agreement between Safety Products and the Purchaser, and to every Product offered by Safety Products.
2. Before an Agreement is concluded, the Purchaser shall be provided with these general terms and conditions. If this is not reasonably possible, Safety Products shall indicate how the Purchaser may inspect the general terms and conditions.
3. The applicability of any (other) general or purchasing conditions of the Purchaser is expressly rejected. Only the general terms and conditions of Safety Products apply.
4. Deviation from these general terms and conditions is, in principle, not possible. In exceptional situations, deviation may occur if explicitly agreed in writing with Safety Products.
5. These general terms and conditions also apply to supplementary, amended, or subsequent Agreements with the Purchaser.
6. If one or more provisions of these general terms and conditions are wholly or partially void or annulled, the remaining provisions shall remain in force, and the void/annulled provision shall be replaced by a provision having the same intent as the original.
7. Ambiguities concerning the content or explanation of these general terms and conditions, or situations not covered by these general terms and conditions, shall be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

1. All offers made by Safety Products are non-binding, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this shall be explicitly stated in the Offer. An Offer may be made orally or in writing.
2. Safety Products is only bound by the quotation if its acceptance by the Purchaser is confirmed in writing within thirty (30) days. Nevertheless, Safety Products has the right to refuse an Agreement with a potential Purchaser for reasons justified by Safety Products.
3. The Offer contains a description of the offered Product. The description is sufficiently detailed to enable the Purchaser to properly assess the Offer. Obvious mistakes or errors in the Offer do not bind Safety Products. The images and specifications in the Offer are indicative only and cannot constitute grounds for compensation or termination of the Agreement. Safety Products cannot guarantee that the colours shown in the image correspond exactly to the actual colours of the Product.
4. Delivery times stated in quotations from Safety Products are indicative and do not entitle the Purchaser to dissolution or compensation in the event of exceeding them, unless expressly agreed otherwise.
5. A composite quotation does not oblige Safety Products to deliver part of the items included in the Offer or quotation at a corresponding part of the stated price.
6. Offers or quotations do not automatically apply to repeat orders. Offers and quotations are only valid while stocks last and according to the “first come, first served” principle.
7. Safety Products has the right to refuse stated orders or placed orders without providing reasons. Such refusal does not entitle the Purchaser to compensation or any other form of reimbursement for the refusal of the order.

Article 4 – Formation of the Agreement

1. The Agreement is concluded at the moment the Purchaser has accepted an Offer from Safety Products in writing.
2. If the Purchaser has accepted the Offer by entering into an Agreement with Safety Products, Safety Products shall confirm the Agreement with the Purchaser in writing.
3. If the acceptance deviates, even slightly, from the Offer, Safety Products is not bound by it. The Purchaser must comply with the full quotation and/or invoice unless the Purchaser proves that otherwise has been agreed.
4. Safety Products is not bound by an Offer if the Purchaser could reasonably have expected, understood, or should have understood that the Offer contains an obvious mistake or clerical error. The Purchaser cannot derive any rights from such a mistake or error.
5. Agreements or commitments may only be entered into by authorised employees or persons engaged or hired by Safety Products who are authorised to represent the company and who possess written authorization.
6. No right of withdrawal applies.
7. If the Purchaser cancels the placed order or stated purchase—wholly or partially—the Purchaser must reimburse the full amount stated in the Agreement and/or the Offer.
8. Safety Products is entitled to require a Minimum Purchase from the Purchaser.

Article 5 – Obligations of the Purchaser

1. The Purchaser shall not, without the prior written consent of Safety Products, make any changes to the Products or to the packaging of the Products.
2. The Purchaser is permitted to resell the Products within the country of establishment to business customers and/or consumers.
3. The Purchaser is permitted to sell the Products online within the country of establishment, provided that such sales do not exceed the national borders of that country.
4. The Purchaser shall ensure that its business customers do not, without the prior written consent of Safety Products, sell Products online or physically from a sales location beyond the Purchaser’s national borders.
5. The Purchaser is solely responsible for checking and complying with the laws of the country of establishment with respect to the Products.
6. The Purchaser shall refrain from making negative statements about Safety Products.

Article 6 – Long-term agreements

1. The Purchaser may terminate an Agreement of indefinite duration that involves the regular delivery of Products only by observing a notice period of 180 days and the termination rules agreed for that purpose.
2. Termination of an Agreement of indefinite duration may be carried out by the Purchaser in the same manner in which it was originally entered into.
3. A fixed-term Agreement for the regular delivery of Products shall automatically end upon completion of the final delivery.
4. If a fixed-term Agreement has a duration of more than one year, the Purchaser may terminate it after the expiry of the first year, subject to a notice period of no more than ninety (90) days, unless such termination before the end of the agreed duration cannot reasonably be justified in light of fairness and reasonableness.

Article 7 – Orders

1. The Purchaser shall place orders for Products in writing, via the portal, by telephone, or by email with Safety Products. Each order shall, unless a Partner Agreement applies, contain at least the following information:
   • the date on which the order is submitted;
   • the type of Products being ordered;
   • the quantity of Products being ordered;
   • the delivery location;
   • the desired delivery date of the Products;
   • a reference number.
2. If Safety Products accepts the Purchaser’s order, Safety Products shall confirm this to the Purchaser by email within two working days after receipt of the order. If Safety Products does not send a written confirmation of acceptance to the Purchaser within the aforementioned period, the order shall be deemed rejected.
3. If the contents of the written acceptance referred to in the previous paragraph deviate from the contents of the order form, the Purchaser shall be bound by the contents of the written acceptance unless the Purchaser notifies Safety Products of the deviation within two working days after the acceptance has been sent by email.

Article 8 – Performance of the Agreement

1. Safety Products shall perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. If and insofar as proper performance of the Agreement requires it, Safety Products has the right, at its own discretion, to have certain activities carried out by third parties.
3. The Purchaser shall ensure that all information which Safety Products indicates is necessary, or which the Purchaser should reasonably understand to be necessary, for the performance of the Agreement, is provided to Safety Products in a timely manner. If the information required for the performance of the Agreement is not provided to Safety Products on time, Safety Products is entitled to suspend performance of the Agreement and/or charge the Purchaser the additional costs arising from the delay in accordance with its usual rates.
4. Before proceeding with performance of the Agreement, Safety Products may require security from the Purchaser, or full advance payment.
5. Safety Products shall not be liable for any damage of whatever nature resulting from Safety Products having relied on incorrect and/or incomplete information provided by the Purchaser, unless Safety Products was aware of such incorrectness or incompleteness.
6. The Purchaser indemnifies Safety Products against any claims from third parties who suffer damage in connection with the performance of the Agreement, insofar as such damage is attributable to the Purchaser.

Article 9 – Delivery

1. Delivery shall in principle take place from the warehouse of Safety Products, on the basis of Ex Works (Safety Products makes the Products available to the Purchaser at its warehouse), unless expressly agreed otherwise.
2. If the commencement, progress, or (completion of) delivery of the Agreement is delayed because, for example, the Purchaser has not provided all requested information in time, fails to provide sufficient cooperation, the (advance) payment has not been received by Safety Products in time, or if any delay occurs due to circumstances beyond the control of Safety Products, Safety Products is entitled to a reasonable extension of the (completion or) delivery period. All agreed (completion or) delivery periods are never strict deadlines. The Purchaser must place Safety Products in default in writing and grant it a reasonable period in which to still deliver. The Purchaser has no right to any compensation as a result of the delay.
3. The Purchaser is obliged to accept the Products at the moment they are made available to it in accordance with the Agreement, even if they are offered earlier or later than agreed.
4. If the Purchaser refuses delivery or fails to provide necessary information, Safety Products may store the Products at the Purchaser’s expense and risk.
5. If the Products are delivered by Safety Products or an external carrier, Safety Products is—unless otherwise agreed in writing—entitled to charge any delivery costs. These shall be invoiced separately unless expressly agreed otherwise.
6. Delivery shall take place on the basis of normal transport unless expressly agreed otherwise. Safety Products shall, for an agreed number of boxes, perform testing and outgoing inspection if expressly agreed.
7. If the Purchaser collects the Products at the premises of Safety Products, Safety Products shall send a confirmation with the date and time of collection. Transport costs and transport insurance shall be at the Purchaser’s own expense and risk (including any damage arising in connection therewith).
8. If Safety Products requires information from the Purchaser in the context of the performance of the Agreement, the delivery period shall only commence once the Purchaser has made all information required for the performance available to Safety Products.
9. If Safety Products has specified a delivery period, this shall be indicative. Longer delivery periods apply for deliveries outside the Netherlands.
10. Safety Products is entitled to deliver the Products in partial shipments, unless otherwise agreed in the Agreement or unless the partial delivery has no independent value. Safety Products is entitled to invoice each partial delivery separately.
11. Deliveries shall only be carried out if all invoices have been paid, unless expressly agreed otherwise. Safety Products reserves the right to refuse delivery if there is justified concern regarding non-payment.
12. If the Purchaser is not present at the delivery location at the time of delivery, Safety Products shall return the Products and arrange a new delivery time. The costs of this new delivery shall be borne by the Purchaser and be at the Purchaser’s risk. From the moment Safety Products takes the Products back, Safety Products shall no longer be liable for any damage to, or spoilage of, the Products.

Article 10 – Packaging and Transport

1. Safety Products undertakes towards the Purchaser to properly package the Products to be delivered and to secure them in such a way that, under normal use, they reach their destination in good condition.
2. Unless otherwise agreed in writing, all deliveries are made exclusive of VAT and inclusive of packaging and packing materials (with the exception of returnable packaging for which it is customary to charge a separate deposit).
3. Acceptance of the Products without comments on the waybill or receipt constitutes proof that the packaging was in good condition at the time of delivery.
4. Each Purchaser shall be deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of such permits does not release the Purchaser from the obligation to take delivery of the Products in the agreed manner. If the Products are sold by Safety Products without customs clearance, the Purchaser cannot derive from this any right to cancel the order.
5. The risk of breakage, damage, or deterioration during transport shall always be borne by the Purchaser.
6. If the Purchaser agrees that the ordered Products will be delivered through direct supply from abroad, the risk of (incorrect, late, and/or absent) delivery shall rest entirely and fully with the Purchaser.

Article 11 – Import and Export Restrictions

1. The Purchaser understands that the Products may be subject to the import and export control regulations of the country in which the delivery address is located. The Purchaser must comply with all applicable laws and regulations relating to import and export control.
2. Any restrictions or requirements may vary depending on the time and the Products concerned.
3. The Purchaser shall indemnify Safety Products, upon first request of Safety Products, against any damage and/or loss suffered by Safety Products (including all costs, taxes, fines, expenses, and levies) resulting from the Purchaser’s failure to comply with the laws and regulations regarding import and export control.

Article 12 – Packaging / Returnable Packaging

1. The Purchaser is obliged to return returnable packaging empty and in undamaged condition to the carrier of the Products. If the Purchaser does not comply with its obligations regarding returnable packaging, all costs arising therefrom shall be borne by the Purchaser. Such costs include, among others, costs resulting from late return and costs of replacement, repair, or cleaning.
2. The provision of packaging takes place in accordance with the terms of the Offer. Separately charged returnable packaging does not have to be taken back by Safety Products and will not be credited.

Article 13 – Advice

1. If commissioned to do so, Safety Products may prepare advice, an action plan, a design, a report, a schedule and/or documentation for the purpose of the services. The content is non-binding and advisory in nature, although Safety Products will exercise the applicable duty of care. The Purchaser shall decide independently and under its own responsibility whether to follow the advice.
2. The advice provided by Safety Products, in whatever form, shall never be regarded as binding advice.
3. At Safety Products’ first request, the Purchaser is obliged to assess any proposals provided by Safety Products. If Safety Products is delayed in its work because the Purchaser does not provide, or does not timely provide, an assessment of a proposal made by Safety Products, the Purchaser shall at all times be solely responsible for all resulting consequences, such as delay.
4. The nature of the services implies that the result will always depend on external factors that may influence the reports and advice of Safety Products, such as the quality, accuracy, and timely provision of required information and data from the Purchaser and its employees. The Purchaser guarantees the quality as well as the timely and accurate provision of all required data and information.
5. Prior to the commencement of the work, the Purchaser shall inform Safety Products in writing of all circumstances that are or may be relevant, including any points of attention or priorities to which the Purchaser wishes Safety Products to devote attention.

Article 14 – Inspection, Complaints

1. The Purchaser is obliged to inspect the delivered Products at the time of delivery, immediately and in any event no later than within 24 hours, and to return them with the transport service, if necessary, due to the perishability and limited shelf life of the Products. As part of this inspection, the Purchaser must assess whether the quality and quantity of the delivered Products correspond with the Agreement and whether the Products meet the standards applicable in normal commercial practice.
2. The Purchaser is responsible for informing itself about the proper use of the Product. Safety Products accepts no liability for improper cooling, transport and/or processing of the Product by the Purchaser.
3. If a complaint is submitted in time in accordance with the previous paragraph, the Purchaser remains obliged to pay for the purchased Products. If the Purchaser wishes to return defective Products, such return shall only take place with the prior written consent of Safety Products and in the manner prescribed by Safety Products.
4. Safety Products is entitled to initiate an investigation into the authenticity and condition of the returned Products before any refund will be made.
5. Refunds to the Purchaser shall be processed as soon as possible but may take up to 14 days after receipt of the Purchaser’s declaration of dissolution. Refunds shall be made to the previously provided bank account number.
6. If the Purchaser exercises its right to complain, the Purchaser is not entitled to suspend its payment obligations nor to set off outstanding invoices.
7. In the event of an incomplete delivery and/or if one or more Products are missing, and this is attributable to Safety Products, Safety Products may, at the Purchaser’s request, send the missing Product(s) or cancel the remaining order. The delivery receipt shall be decisive in this regard. Any damage suffered by the Purchaser as a result of the (deviating) quantity of the delivery cannot be recovered from Safety Products.

Article 15 – Minimum Purchase Obligation and Discounts

1. If applicable, the Purchaser is obliged to comply with the Minimum Purchase requirement. If the Purchaser does not meet the Minimum Purchase requirement, Safety Products is entitled to charge the difference between the actual purchase volume and the Minimum Purchase requirement.
2. If the Minimum Purchase requirement has not been met in the current year, Safety Products is entitled to reduce the discounts, without Safety Products becoming liable for any damages as a result.
3. In the event that Safety Products no longer supplies the Products on which the Minimum Purchase requirement is based, Safety Products and the Purchaser shall enter into consultation regarding a possible modification of the Minimum Purchase requirement that reflects such introduction or discontinuation.

Article 16 – Prices

1. During the validity period of the Offer, the prices of the Products included in the Offer shall not be increased, except in the event of changes in VAT rates, price adjustments resulting from laws and regulations, price changes by third parties or suppliers engaged by Safety Products, or changes in the prices of the necessary raw materials, or fluctuations in currency exchange rates, import and export duties (both domestic and foreign), shipping costs and/or delivery costs. In such cases, Safety Products is entitled to increase the agreed price accordingly and charge this to the Purchaser.
2. The prices stated in the Offer are exclusive of VAT. Shipping costs and any transport, packaging, and administrative costs are not included in the price unless expressly agreed otherwise.
3. If, after the Agreement has been concluded but before the agreed date of delivery or completion, the prices of auxiliary materials, raw materials, components, wages, or other price-determining factors have changed, Safety Products is entitled to adjust the offered price accordingly, but not earlier than three months after the conclusion of the Agreement. The foregoing does not affect the right of Safety Products to pass on price increases resulting from laws or regulations at any time and to increase the offered price accordingly.
4. Price increases resulting from additions to and/or amendments of the Agreement shall be borne by the Purchaser.
5. Safety Products shall provide the Purchaser with a detailed invoice relating to the Agreement on the basis of the placed order or the stated purchase.

Article 17 – Payment and Collection Policy

1. Payment must be made in advance within a maximum payment term of 14 days, in the currency in which the invoice has been issued. Objections to the amount of the invoice must be reported within 48 hours of the invoice date, but such objections do not suspend the payment obligation.
2. The Purchaser cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.
3. The Purchaser must pay these amounts in one instalment to the bank account number and details provided to it by Safety Products. Except in special circumstances, the Purchaser may only enter into credit-based payment arrangements with the explicit and written consent of Safety Products.
4. If agreed, a deposit must be paid before Safety Products commences its services.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Purchaser, all claims of Safety Products against the Purchaser become immediately due and payable.
6. Safety Products may allocate payments first to costs, then to interest, and finally to the principal amount. Without thereby being in default, Safety Products may refuse an offered payment if the Purchaser indicates a different order of allocation. Safety Products may refuse full repayment of the principal if the accrued and ongoing interest as well as the costs are not paid simultaneously.
7. If the Purchaser does not fulfil its payment obligation and does not comply with the maximum payment term of 14 days, the Purchaser is in default.
8. From the date the Purchaser is in default, Safety Products, without further notice of default, is entitled to statutory (commercial) interest from the first day of default until full payment, as well as compensation for extrajudicial collection costs pursuant to Article 6:96 of the Dutch Civil Code, calculated according to the graduated scale of the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
9. If Safety Products incurs additional or higher costs that were reasonably necessary, such costs shall be eligible for reimbursement. Judicial and enforcement costs shall also be borne by the Purchaser.
10. If the applicable conditions for intra-Community delivery are met, no VAT will be charged. If the Purchaser provides an incorrect or invalid VAT number, Safety Products is entitled to subsequently charge VAT to the Purchaser and to report the fraud to the tax authorities in the country of delivery.

Article 18 – Retention of Title

1. All Products delivered by Safety Products remain the property of Safety Products until the Purchaser has fulfilled all obligations arising from all Agreements concluded with Safety Products.
2. The Purchaser is not authorised to pledge or otherwise encumber the Products that are subject to retention of title.
3. If third parties levy attachment on the Products delivered under retention of title or wish to establish or assert rights thereto, the Purchaser is obliged to notify Safety Products of this as soon as may reasonably be expected.
4. The Purchaser is obliged to insure and keep insured the Products delivered under retention of title against fire, explosion, water damage and theft, and to provide the insurance policy for inspection upon first request.
5. In the event that Safety Products wishes to exercise its ownership rights as referred to in this article, the Purchaser hereby grants unconditional and irrevocable permission to Safety Products, or to third parties designated by Safety Products, to enter all locations where the property of Safety Products is located and to repossess those items.
6. Safety Products has the right to retain the Product(s) purchased by the Purchaser if the Purchaser has not yet (fully) fulfilled its payment obligations, notwithstanding any obligation of Safety Products to deliver or transfer the Products. Once the Purchaser has fulfilled its obligations, Safety Products shall deliver the purchased Products as soon as possible, but no later than within 20 working days.
7. All costs and other (consequential) damages arising from the retention of the purchased Products shall be borne by the Purchaser and shall be reimbursed to Safety Products upon first request.

Article 19 – Warranty

Safety Products warrants that the Products comply with the Agreement, the specifications stated in the Offer, their usability and/or soundness, and the legal rules/regulations applicable at the time the Agreement was concluded. This also applies if the Products to be delivered are intended for use abroad, provided that the Purchaser has expressly notified Safety Products of such intended use in writing at the time the Agreement was entered into.

Article 20 – Suspension and Termination

1. Safety Products is entitled to suspend the performance of its obligations or to terminate the Agreement if the Purchaser does not, or does not fully, comply with the (payment) obligations arising from the Agreement.
2. In addition, Safety Products is entitled to terminate, without judicial intervention, the Agreement(s) existing between Safety Products and the Purchaser, insofar as these have not yet been performed, if the Purchaser does not timely or properly fulfil the obligations arising for it from any Agreement concluded with Safety Products, as well as in the event of bankruptcy or suspension of payment of the Purchaser, or in the event of cessation or liquidation of its Business.
3. Safety Products may also terminate the Agreement without prior notice if circumstances arise that make performance impossible, can no longer reasonably be required, or make continued performance of the Agreement unreasonable.
4. If the Agreement is terminated, all claims of Safety Products against the Purchaser become immediately due and payable. If Safety Products suspends the fulfilment of its obligations, it retains its rights under the law and the Agreement.
5. Safety Products shall always retain the right to claim damages.

Article 21 – Limitation of Liability

1. If the performance of the Agreement by Safety Products results in liability of Safety Products towards the Purchaser or third parties, such liability shall be limited to the amount charged by Safety Products in connection with the Agreement, up to a maximum of the order value. In any case, the liability shall be limited to the amount of damages paid out by the insurance company per event per year.
2. Safety Products shall not be liable for any damage arising from any act or omission based on (incomplete and/or incorrect) information on the Website(s) or on linked websites.
3. Safety Products is not responsible for errors and/or irregularities in the functionality of the Website(s) and shall not be liable for malfunctions or for the Website(s) being unavailable for any reason.
4. Safety Products does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Safety Products, nor the timely receipt thereof.
5. Safety Products expressly disclaims all liability for claims from Purchasers and third parties who have suffered (physical) damage as a result of using the Products. The Products offered by Safety Products must be used strictly in accordance with the instructions for use. In case of doubt, a Purchaser and/or user must contact Safety Products. Any claims by the Purchaser shall expire if they are not submitted to Safety Products in writing and with reasons within six months after the Purchaser became aware, or reasonably could have become aware, of the facts on which the claims are based.
6. The limitations of liability in this Article shall not apply in the event of intent or wilful misconduct on the part of Safety Products, or to the extent that any limitation of liability is not permitted under mandatory Dutch law.

Article 22 – Transfer of Risk

The risk of loss or damage to the Products that are the subject of the Agreement transfers to the Purchaser at the moment the Products leave the production facility or the warehouse of Safety Products. The risk shall also have transferred to the Purchaser if the Products are placed under the control of the Purchaser and/or third parties.

Article 23 – Force Majeure

1. Safety Products shall not be liable if, as a result of a force majeure situation, it is unable to fulfil its obligations under the Agreement, nor can it be held to perform any obligation if it is hindered from doing so due to a circumstance that is not attributable to its fault and for which it is not responsible pursuant to the law, a legal act, or generally accepted standards.
2. Force majeure shall in any event include, but is not limited to, that which is understood by it in statutory provisions and case law, as well as (i) force majeure on the part of Safety Products’ suppliers, (ii) the failure of suppliers to properly fulfil obligations that have been prescribed or recommended to Safety Products by the Purchaser, (iii) defects in Products, equipment, software, or materials provided by third parties, (iv) government measures, (v) power outages, (vi) disruptions to internet, data network, and telecommunications facilities (including but not limited to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation issues, (x) strikes within the business of Safety Products, and (xi) other situations which, in the opinion of Safety Products, fall outside its sphere of influence and temporarily or permanently prevent the fulfilment of its obligations.
3. Safety Products is entitled to invoke force majeure if the circumstance preventing (further) fulfilment arises after Safety Products should have fulfilled its obligation.
4. During the period in which the force majeure continues, the parties may suspend their obligations under the Agreement. If this period lasts longer than two months, each party shall be entitled to dissolve the Agreement without any obligation to compensate the other party for damages.
5. If, at the time of the force majeure event, Safety Products has already partially performed its obligations and that part has independent value, Safety Products may invoice the performed portion separately. The Purchaser is obliged to pay this invoice as if it were a separate Agreement.

Article 24 – Intellectual Property Rights

1. All intellectual property rights and copyrights of Safety Products rest exclusively with Safety Products and are not transferred to the Purchaser unless otherwise agreed.
2. The Purchaser is prohibited from publishing and/or reproducing, modifying, or making available to third parties any materials on which the intellectual property rights and copyrights of Safety Products rest, without the express prior written permission of Safety Products. If the Purchaser wishes to make changes to items delivered by Safety Products, Safety Products must explicitly approve the intended changes.
3. The Purchaser is prohibited from using the Products on which the intellectual property rights of Safety Products rest in any manner other than as agreed in the Agreement.

Article 25 – Product Usage Instructions

1. The Purchaser of the Products must follow the instructions and directions of Safety Products.
2. Safety Products expressly disclaims all liability for claims from Purchasers and third parties who have suffered (physical) damage resulting from the use of the Products. The Products may only and exclusively be used in accordance with the instructions for use.
3. The limitations of liability in this Article shall not apply in the event of intent or wilful misconduct on the part of Safety Products, or to the extent that any limitation of liability is not permitted under mandatory Dutch law.

Article 26 – Confidentiality

1. Safety Products and the Purchaser undertake to maintain confidentiality regarding all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment itself or from information that can reasonably be expected to be confidential.
2. If Safety Products is required, on the basis of a statutory provision or a court ruling, to provide all or part of the confidential information to a third party designated by law or a competent court, and Safety Products cannot rely on a right of non-disclosure, Safety Products shall not be obliged to pay any damages, and the Purchaser shall not be entitled to dissolve the Agreement.
3. The obligation of confidentiality shall also be imposed by Safety Products and the Purchaser on any third parties engaged by them.

Article 27 – Privacy, Data Processing and Security

1. Safety Products handles the (personal) data of the Purchaser and Users of the Website(s) with care and shall use such data only in accordance with its privacy statement. Upon request, Safety Products shall inform the data subject accordingly. Questions regarding the processing of personal data and requests for further information may be submitted to Safety Products in writing.
2. If Safety Products is required under the Agreement to provide for the security of information, such security shall comply with the agreed specifications and shall not be unreasonable in view of the state of the art, the sensitivity of the data, and the costs associated with such security.

Article 28 – Complaints

1. If the Purchaser is not satisfied with the service or Products of Safety Products or otherwise has complaints regarding the Agreement, the Purchaser is obliged to report such complaints as soon as possible, but no later than 10 days after the event that gave rise to the complaint. Complaints may be submitted in writing with the subject line “complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Purchaser in order for Safety Products to process the complaint.
3. Safety Products shall respond to the complaint as soon as possible, but no later than within 20 working days after receipt of the complaint.
4. The parties shall attempt to reach a solution together.

Article 29 – Applicable Law

1. Dutch law applies to every Agreement between Safety Products and the Purchaser. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of any interpretation of the content or scope of these general terms and conditions, the Dutch text shall always be decisive. Safety Products reserves the right to unilaterally amend these general terms and conditions.
3. All disputes arising from or in connection with the Agreement between Safety Products and the Purchaser shall be submitted to the competent court of the District Court of Gelderland, unless mandatory legal provisions confer jurisdiction on another court.

‘s-Heerenberg, 1 September 2025