These general terms and conditions apply to all offers, quotations, and agreements of Fenex B.V., located in Heerenveen, hereinafter referred to as “Fenex”.
By using Fenex's services, you agree to these terms.
Chapter 1. General provisions
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
a. Fenex: Fenex B.V., located in Heerenveen, registered with the Chamber of Commerce under number 80000000.
b. Customer: any natural or legal person who enters into an agreement with Fenex or receives an offer from Fenex.
c. Agreement: any agreement between Fenex and the Customer regarding the provision of services.
d. Services: all services offered by Fenex, including roadside assistance, towing service, heavy-duty recovery, vehicle transport, and replacement vehicle.
Article 2. Applicability
1. These general terms and conditions apply to all offers, quotations, and agreements between Fenex and the Customer.
2. Deviations from these terms are only valid if expressly agreed upon in writing.
3. The applicability of any purchase or other conditions of the Customer is expressly rejected.
Article 3. Offers and quotations
1. All offers and quotations from Fenex are without obligation, unless expressly stated otherwise.
2. An agreement is concluded when the Customer accepts an offer from Fenex in writing or electronically.
Chapter 2. Execution of services
Article 4. Execution
1. Fenex will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
2. Fenex has the right to have certain work performed by third parties.
Article 5. Delivery terms
1. Stated delivery terms are indicative and do not constitute a strict deadline.
2. Exceeding a delivery term does not entitle the Customer to compensation.
Chapter 3. Prices and payment
Article 6. Prices
1. All prices are exclusive of VAT, unless otherwise stated.
2. Fenex has the right to adjust prices. Price adjustments will be communicated to the Customer in a timely manner.
Article 7. Payment
1. Payment must be made within 14 days of the invoice date, unless otherwise agreed.
2. In case of late payment, the Customer is legally in default, and Fenex is entitled to charge the statutory commercial interest.
Chapter 4. Liability
Article 8. Liability
1. Fenex is only liable for direct damage resulting from an attributable shortcoming in the performance of the agreement.
2. Fenex's liability is limited to the amount paid out by Fenex's liability insurance in the relevant case.
Chapter 5. Force majeure
Article 9. Force majeure
1. Fenex is not obliged to fulfill any obligation if it is hindered by circumstances not attributable to its fault, nor for its account under law, legal act, or generally accepted views.
2. Force majeure includes: disruptions in public infrastructure, internet outages, power outages, weather conditions, strikes, government measures, and natural disasters.
Chapter 6. Privacy and data processing
Article 10. Privacy
1. Fenex processes personal data in accordance with the General Data Protection Regulation (GDPR).
2. The Customer is deemed to have taken note of Fenex's privacy statement, available on the website.
Chapter 7. Complaints and disputes
Article 11. Complaints
1. Complaints about the execution of the agreement must be submitted to Fenex in writing and with reasons within a reasonable time after discovery, but no later than 14 days after the service has been performed.
2. Fenex will respond within 14 days of receiving the complaint.
Article 12. Applicable law and choice of forum
1. Dutch law applies exclusively to all agreements between Fenex and the Customer.
2. Disputes will be exclusively submitted to the competent court in the Noord-Nederland district.
Chapter 8. Final provisions
Article 13. Amendment of the terms
1. Fenex reserves the right to amend these general terms and conditions.
2. Amendments come into effect upon publication on Fenex's website.
Article 14. Nullity
1. If a provision of these general terms and conditions is null and void or is annulled, the remaining provisions shall remain in full force and effect.
2. Fenex and the Customer will consult to agree on a new provision to replace the null or annulled provision, taking into account as much as possible the purpose and scope of the original provision.