General Terms and Conditions Steerenberg Horsetrading

 

Article 1: User of the General Terms and Conditions and Definitions

  1. Steerenberg Horsetrading is a partnership under Dutch law, registered in the Trade Register of the Chamber of Commerce under number 85213039, located at Vrouwtjesweg no. 63 (3243 AW) in Stad aan 't Haringvliet, hereinafter referred to as “Steerenberg Horsetrading”.
  2. Steerenberg Horsetrading operates a training stable for dressage and show jumping horses. Additionally, Steerenberg Horsetrading offers mediation services for the purchase and sale of horses. Steerenberg Horsetrading is the user of these general terms and conditions.
  3. In these general terms and conditions, “the client” refers to the party with whom Steerenberg Horsetrading has entered into or will enter into an agreement and/or the owner of the horse.

 

Article 2: Applicability

  1. These general terms and conditions apply to all offers, advice, work, and assignments performed by Steerenberg Horsetrading and to all agreements between Steerenberg Horsetrading and its clients, including all additional and follow-up assignments and all legal relationships resulting from or related to them.
  2. The applicability of the general terms and conditions of the client and/or third parties is expressly rejected, unless these conditions have been expressly and in writing accepted by Steerenberg Horsetrading.
  3. These general terms and conditions also apply to third parties engaged by Steerenberg Horsetrading for the (partial) execution of the assignment.
     

Article 3: Formation of Agreement 

The agreement between Steerenberg Horsetrading and the client is only concluded when Steerenberg Horsetrading has confirmed the assignment in writing or when it starts the execution of the work.

 

Article 4: Execution of the Agreement

  1. Steerenberg Horsetrading determines the manner in which the given assignment is executed.
  2. Steerenberg Horsetrading is entitled to have certain work performed by third parties without notifying the client if it deems this necessary for the execution of the assignment.
  3. Steerenberg Horsetrading is not liable for any shortcomings and/or errors of these third parties, except in cases of intent, deliberate recklessness, or gross negligence by Steerenberg Horsetrading.
     

Article 5: Services and Obligations of Steerenberg Horsetrading

  1. The services of Steerenberg Horsetrading include (hereinafter collectively referred to as “the services”): a. training of horses for various purposes, including but not limited to breaking in, preparing for sale, improving the level, etc. (hereinafter: “training”), and/or b. mediation in the purchase and/or sale of horses (hereinafter: “mediation”), and/or c. optional stabling of horses during the training or mediation period (hereinafter: “stabling”).
  2. Steerenberg Horsetrading will perform the work in accordance with the provisions of these general terms and conditions and to the best of its knowledge and ability and in accordance with the requirements of a good contractor on a best-efforts basis. The services offered by Steerenberg Horsetrading can in no way be construed as an obligation to achieve a result.

 

Article 6: Training

  1. Steerenberg Horsetrading determines the training and education of the client’s horse at its own discretion. 
  2. The client is familiar with Steerenberg Horsetrading’s training methods and agrees to them. 
  3. The client acknowledges that a horse, as a living animal, may exhibit behavior independent of any actions or omissions by Steerenberg Horsetrading. 
  4. The client is obligated to pay the weekly training costs in advance, no later than 7 days after the invoice date. Extraordinary costs, including but not limited to entry fees for competitions, transportation, etc., remain the responsibility of the client. These costs will be periodically invoiced to the client, who must settle the invoice within seven (7) days unless otherwise agreed upon in writing.

 

Article 7: Stabling

  1. Steerenberg Horsetrading will house and care for the client’s horse according to its own judgment.
  2. The client is familiar with Steerenberg Horsetrading’s stabling practices and agrees to them. 
  3. The client is required to pay the weekly stabling costs in advance, no later than 7 days after the invoice date. 
  4. Extraordinary costs, including but not limited to farrier expenses, veterinary fees, transportation, etc., are always the responsibility of the client. These costs will be periodically invoiced to the client, who must settle the invoice within seven (7) days unless otherwise agreed upon in writing.

 

Article 8: Mediation for Purchase and Sale

  1. Steerenberg Horsetrading will make efforts to find a suitable buyer for the client’s horse or a suitable horse for the client, depending on the client’s preferences. 
  2. The fee for mediation will be documented in a separate agreement between Steerenberg Horsetrading and the client. 
  3. If a potential buyer withdraws from purchasing the client’s horse due to a veterinary issue (remark, etc.) that was not communicated in writing by the client to Steerenberg Horsetrading before the agreement was made, the client is liable for 25% of the previously agreed commission amount to Steerenberg Horsetrading. 
  4. The horse subject to the mediation agreement for sale remains the property of the client. 
  5. Steerenberg Horsetrading can assist the client, if desired, in arranging a purchase inspection. However, in the case of purchasing a horse, the client remains responsible for examining and vetting the horse before proceeding with the purchase. 
  6. Steerenberg Horsetrading cannot be held liable for any deficiencies or defects in the client’s horse.
  7. Steerenberg Horsetrading cannot be held liable for any deficiencies or defects in the seller’s horse in the event of mediation for purchase by the client. 
  8. Steerenberg Horsetrading disclaims any liability for financial, material, or immaterial damages arising from the agreement with the client regarding mediation for the purchase and/or sale of a horse.

 

Article 9: Obligations of the Client

  1. The client must ensure that Steerenberg Horsetrading can perform its tasks promptly and properly. 
  2. The client is obligated to provide all data and/or information necessary for the correct execution of the assignment to Steerenberg Horsetrading in a timely and complete manner. 
  3. The client is responsible for the accuracy, completeness, and reliability of the data and/or information provided to Steerenberg Horsetrading. 
  4. The client must ensure that Steerenberg Horsetrading or any third party mentioned in Article 4, Section 2 of these general terms and conditions can commence and continue their work during the necessary period. 
  5. The client indemnifies Steerenberg Horsetrading and its employees against claims from third parties alleging damage related to the work performed by Steerenberg Horsetrading for the assignment, unless there is intent or gross negligence on the part of Steerenberg Horsetrading.

 

Article 10: Prices and Payments

  1. All prices charged by Steerenberg Horsetrading are in Euros and exclude 21% VAT, unless explicitly stated otherwise in writing. Steerenberg Horsetrading reserves the right to adjust prices at any time. 
  2. Any payments requested of the client must be made without delay or setoff within seven (7) days of the invoice date. This is a fatal payment term.
  3. Failure to meet this deadline automatically puts the client in default, and a late payment interest of 1.5% per month applies, with any part of a month counted as a full month. Furthermore, Steerenberg Horsetrading is entitled to suspend its services, without prejudice to its other rights.
  4. All costs (judicial and extrajudicial) incurred by Steerenberg Horsetrading for the collection of its invoices are borne by the client. Extrajudicial costs are invoiced to the client at a fixed rate of 15% of the amount due. 
  5. Complaints regarding invoice items are only possible within the payment term of seven (7) days from the invoice date and must be submitted by registered mail, accompanied by proper motivation. 
  6. Failure to timely or properly contest an invoice renders it valid and acknowledged as due by the client. 
  7. A complaint against an invoice does not suspend the payment obligation of the client. 
  8. In case of unpaid invoices or outstanding payments, Steerenberg Horsetrading is always entitled to exercise a lien on the client’s horse.

 

Article 11: Insurance & Liability

  1. Steerenberg Horsetrading and its employees cannot be held liable for unforeseen risks related to the client’s horse, such as illness, lameness, temporary or permanent unsuitability, stable defects, etc., unless there is intent or gross negligence on the part of Steerenberg Horsetrading and its employees.
  2. The client bears full responsibility for the horse’s risks. The client remains fully liable for any damage to the horse, the horse’s possessions, and any harm caused by the horse to third parties or their property.
  3. The client undertakes to keep the horse fully insured at all times with Steerenberg Horsetrading (including, but not limited to, coverage for transportation risks, death and accidents, medical expenses, and (permanent) disability due to illness, defects, or other reasons). Underinsurance or any potential compensation cannot be claimed from Steerenberg Horsetrading and its employees.
  4. The liability of Steerenberg Horsetrading and its employees is always limited to the amount paid by Steerenberg Horsetrading’s insurer in the specific case, plus the deductible under that insurance. A copy of Steerenberg Horsetrading’s liability insurance policy is available for inspection at Steerenberg Horsetrading’s office upon the client’s first request.
  5. If, for any reason, no payment is made under the aforementioned insurance, the liability of Steerenberg Horsetrading and its employees is limited to a maximum amount of EUR 1,000.00.
  6. Any claim for damages expires twelve (12) months after the client becomes aware of the damage, which directly or indirectly results from an event or circumstance for which Steerenberg Horsetrading and its employees are liable or could be liable.
  7. The client must have adequate insurance (third-party liability) for damage caused by their horse to Steerenberg Horsetrading’s premises and its employees.

 

Article 12: Intellectual Property Rights

  1. During the provision of services, Steerenberg Horsetrading may create videos and/or photos of the client’s horse. Steerenberg Horsetrading has the right to make, edit, reproduce, distribute, and use these videos and/or photos for promotional and other business purposes without further consent from the client and without owing any compensation.
  2. Steerenberg Horsetrading is considered the copyright holder of all videos and/or photos taken of the client’s horse.

 

Article 13: Force Majeure

  1. In the event of force majeure, Steerenberg Horsetrading has the right to suspend the performance of its obligations arising from the agreement or to terminate the agreement in whole or in part without judicial intervention. This will be communicated in writing to the client, and Steerenberg Horsetrading (and its employees) will not be liable for any damages, unless such action would be unreasonable under the circumstances.
  2. Force majeure, as defined in Article 6:75 of the Dutch Civil Code, includes any failure that cannot be attributed to the contractor due to no fault of their own, nor is it legally, contractually, or commonly accepted as their responsibility. Examples of force majeure include extreme weather conditions, pandemics, natural disasters, terrorism, cybercrime, disruption of digital infrastructure, fire, power outages, loss, theft, roadblocks, strikes, work stoppages, and import or trade restrictions.
  3. If Steerenberg Horsetrading has already partially fulfilled its obligations under the agreement with the client at the time of force majeure, it is entitled to invoice the portion already performed. The client is required to pay this invoice.

 

Article 14: Applicable Law and Competent Court

  1. Dutch law applies to all legal relationships between Steerenberg Horsetrading and the client.
  2. Any dispute arising from or related to the agreement concluded between Steerenberg Horsetrading and the client will be submitted to the District Court of Oost-Brabant, located in 's-Hertogenbosch.