GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS WDT-Services

Version date: 1-9-2024
KvK nr.: 60170654
BTW nr.: NL853793566B01
Adress: 't Goor 41, 7071 PC Ulft, The Netherlands
Email: info@wdt-services.com
Phone: +31 (0) 544-760013

General terms and conditions of delivery and payment WDT-Services B.V. filled with the Chamber of Commerce under number 60170654.


Article 1. Definitions

1.1. In these general terms and conditions, capitalised words shall have the meaning set out in Article 1.4, unless the context unmistakably indicates otherwise.

1.2. In these general terms and conditions, nouns, pronouns and verbs in the singular shall be deemed to include the plural, and vice versa, always to the extent required by the context;

1.3. In these general terms and conditions, words such as “including”, “including”, “include” or “including” are used to indicate that the enumeration to which they refer is not exhaustive.

1.4. Agreement means the Written will between the Client and WDT whereby WDT undertakes to provide a Service to the Client and the Client undertakes to purchase that Service

Article means an article of these general terms and conditions;

Client means any legal entity or natural person who has entered into an Agreement with WDT who intends to do so;

Documentation means all documentation offered, sold and delivered by WDT in the context of the Service to the Client. This includes in any case, but not exclusively, Written advice, reports and certifications;

Delivery means the actual execution by WDT of the agreed Service, such as making the Documentation available to the Client as referred to in Article 6;

In Writing / Written means in written form, by e-mail, via WDT’s website or by any other electronic means agreed between the Client and WDT whereby messages are stored and can be made readable within a reasonable period of time;

Service means the services offered by WDT, such as, for example, guiding and advising the Client in the field of modifications to vehicle, driving or vessel, vehicle, driving or vessel systems and/or parts thereof as well as producing and delivering any documentation required in that context;

WDT means the private limited liability company incorporated under Dutch law WDT-Services B.V.


Article 2. General

2.1. These general terms and conditions apply to all offers, quotations and Agreements under which WDT undertakes to perform work and/or provide services to the Client or proposes to do so.

2.2. The applicability of (any) general terms and conditions of the Client is expressly rejected in advance by WDT.

2.3. WDT is entitled to unilaterally amend these general conditions, after which the amended general conditions shall apply to the existing Agreement. The Client shall be deemed to have accepted any amendment to these general terms and conditions if it has not notified WDT In Writing of its objections within seven days of WDT’s Written notification of the amendments.

2.4. To the extent that the Agreement contains provisions contrary to these general terms and conditions, what is stipulated in the Agreement shall prevail.

2.5. In case of conflict between the Dutch text of these general terms and conditions and translations thereof, the Dutch text shall always prevail and legal terms used shall be interpreted in accordance with the interpretation given to them in the Dutch language.

2.6. Client guarantees that it will comply with all applicable laws and regulations in its relationship with WDT and in the execution of the Agreement, expressly including the OECD guidelines for IMVO on the environment, labour, human rights, corruption and competition.


Article 3. Conclusion and content of the Agreement

3.1. All offers and quotations made by WDT are non-binding and subject to interim price changes, unless expressly stated otherwise WDT may revoke its offers and quotations at any time, even after the offer has been accepted by the Client.

3.2. The Agreement between WDT and the Client is established by a Written order confirmation from WDT in respect of the order provided by the Client, regardless of whether the offer and/or order confirmation is signed.

3.3. The Agreement, offers and order confirmations between WDT and the Client contain an exhaustive description of the Service. Therefore, if the Service is described as advising and guiding the Client and producing and delivering the necessary Documentation, WDT is not obliged to perform the work recommended in the Documentation or to deliver and/or install the parts mentioned/recommended in the Documentation.

3.4. Additions and/or amendments to the Agreement shall only be valid if they have been agreed explicitly and In Writing. If WDT and the Client agree that the Agreement is amended, supplemented and/or extended, the parties shall consult about the consequences thereof for, inter alia, price, quality and Delivery time.

3.5. If, during or after the Delivery of a Service, it appears that work is required that is not expressly agreed in the Agreement, this will be considered as additional work. WDT shall notify the Client as soon as possible of the need for additional work and the associated cost estimate. WDT shall not be obliged to carry out the additional work as long as the Client has not instructed In Writing to carry out the additional work and as long as the Client has not made the advance payment required by WDT or provided the required security. The costs for the additional work will be calculated on the basis of WDT’s applicable rates.

3.6. Unless otherwise agreed In Writing, the drawings, models, specifications, size and weight statements, locations, instructions, inspection regulations or other similar items made available or approved by WDT for entering into and/or executing the Agreement shall form part of the Agreement, regardless of their form. However, the aforementioned items are not binding on WDT and are only intended to provide a general representation of the Services.

3.7. After the conclusion of the Agreement, the Client is not entitled to (unilaterally) proceed to cancel, regardless of whether or not the execution of the Agreement has commenced. Cancellation of an Agreement can only take place (i) if WDT and the Client have agreed In Writing on the cancellation conditions, including the amount of the cancellation costs, and (ii) if, in the sole discretion of WDT, those cancellation conditions have been fully met.


Article 4. Implementation of the Agreement

4.1. With regard to the execution of the Agreement, all obligations of WDT towards the Client are to be regarded as a best-efforts obligation. In doing so, WDT shall Deliver its Services to the best of its ability.

4.2. Client is obliged to provide all necessary cooperation for the correct and timely execution of the Agreement, including the provision of (access) rights and powers, and guarantees that all information provided to WDT is correct, complete and not misleading and that WDT may rely on relevant information without being obliged to make further investigations.

4.3. Client cannot derive any rights from advice and information from WDT that does not directly relate to the Service.

4.4. If the Service relates to assessing or testing (prototypes or samples) of products, the following shall apply:

a. the Client shall at its own expense and risk make available to WDT all items such as (prototypes or samples of) products, materials, information and data required by WDT for the execution of the Service;

b. the Client is responsible for the selection, representativeness, indications of codes, brand and product names in respect of the (prototypes or samples of) products;

c. the (prototypes or samples of) products will be destroyed after the assessments or tests, unless the Client has requested In Writing that they be returned to it before the execution of the Service, which shall be at the expense and risk of the Client;

d. the Client shall cooperate with the observation by third parties of the assessments and/or tests by WDT, if such observation is necessary for the maintenance of WDT’s accreditations.

4.5. The Documentation and/or other documents provided by WDT to the Client may only be disclosed or made available for inspection by third parties In Writing, in their entirety (without addition or omission), and in the language in which they are drawn up.

4.6. The Client is obliged to ensure that WDT can provide the Service properly and that WDT and/or its employees are prevented from suffering injury or damage, including damage due to delay. In addition, WDT is entitled to suspend the execution of its Service if, in the exclusive opinion of WDT, circumstances are present which constitute a risk with regard to the safety or health of WDT’s employees.

4.7. Client shall be liable to WDT and/or its employees for any injury or damage caused to WDT and/or its employees for violation of the provisions of this Article 4 obtained and/or suffered during the execution of the Agreement, and in particular during the Delivery of the Services.


Article 5. Price, billing and payment

5.1. All offered and agreed prices are exclusive of VAT and other levies. Unless WDT and the Client have agreed otherwise, transport, shipping and/or postage costs, export and import duties, clearance charges, taxes, etc. shall be borne by the Client.

5.2. All prices are based on the following assumptions:

a. The Documentation shall be collected by the Client at WDT’s office address at Kronenweg 1E, (7051 HX) Varsseveld, the Netherlands. The Documentation can be delivered in a different manner at the request of the Client. The costs associated with that different method of Delivery shall be borne by the Client;

b. All items such as (prototypes or samples of) products, materials, information and data required by WDT for the execution of the Service shall be made available to WDT by the Client at its own expense and risk.

5.3. Prices fixed before or at the conclusion of the Agreement may be increased by WDT in case of changes in cost-determining factors that occur after the conclusion of the Agreement, but before the Delivery of the Documentation, taking into account the changed amounts.

5.4. WDT is entitled to invoice after each partial Delivery or partial execution of the agreed Services.

5.5. Client is obliged to pay the invoiced price within 30 days of the invoice date without any deduction, discount or set-off, unless agreed otherwise In Writing. The Client is not entitled to invoke suspension or set-off, respectively. As soon as the term of payment has expired, the Client shall be in default. The payment term is therefore a deadline.

5.6. WDT is entitled to require advance payment or another form of security. Until the Client has made this advance payment or given this security, WDT is at all times entitled to suspend its obligations under the Agreement.

5.7. If the term of payment is exceeded, the Client shall owe statutory commercial interest and extrajudicial collection costs, the latter amounting to at least 15% of the principal sum due including VAT, with a minimum of € 250.00, from the day of default.

5.8. The full claim for payment is immediately due and payable if a circumstance as mentioned in Article 16.1.


Article 6. Delivery, Delivery time and Delivery method

6.1. Unless otherwise agreed, Delivery of the Documentation shall take place by means of collection thereof by the Client at WDT’s office address at Kronenweg 1E, (7051 HX) Varsseveld, the Netherlands.

6.2. The Delivery time and/or execution period shall only commence at the time when all data to be provided by the Client that are necessary for the execution of the Service have been received in full by WDT and, where applicable, the advance payment or other security required by WDT has been met.

6.3. The Delivery time and/or execution period shall always apply as a target date and shall never apply as a deadline.

6.4. Exceeding the Delivery time or execution period shall under no circumstances entitle the Client to damages or dissolution. The Client shall indemnify WDT against any claims by third parties as a result of exceeding the Delivery time or execution period.

6.5. WDT is entitled to execute its performance(s), respectively work, with regard to the Service in parts.


Article 7. Force majeure

7.1. A failure to fulfil its obligations cannot be attributed to WDT if this failure is the result of force majeure. WDT has the right to suspend the fulfilment of its obligations if it is temporarily prevented from fulfilling its obligations towards the Client due to force majeure. The agreed Delivery time shall in that case be extended by the time WDT needs to carry out the order after the force majeure situation has lapsed.

7.2. Force majeure includes: (i) the circumstance that third parties engaged by WDT, such as suppliers, subcontractors and transporters, or other parties on which it depends, fail to fulfil their obligations or fail to fulfil them on time, (ii) weather conditions and natural disasters, (iii) terrorism, (iv) government measures, (v) outbreak of an epidemic or pandemic, (vi) cybercrime, hacking attacks, ransomware attacks and/or DDOS attacks, (vii) disruption of digital infrastructure, (viii) fire, (ix) power failure, (x) loss, theft or loss of tools, materials or information, (xi) road blocks, strikes or work stoppages, and (xii) import or trade restrictions.

7.3. If the term of Delivery is delayed by more than six months due to force majeure, both WDT and the Client are entitled to (partially) terminate the Agreement for the part that has not been executed, without WDT and the Client being mutually bound to any compensation for whatever reason.


Article 8. Warranty and other claims

8.1. WDT warrants that it executes the Service in line with the applicable laws and regulations and/or other relevant guidelines and vouches for the accuracy and completeness of the Documentation produced by it in the context of providing the Service and delivered to the Client.

8.2. In the event of a breach of the warranty as mentioned in Article 8.1 WDT is only obliged to redeliver the Service free of charge or to refund the price charged for it, at WDT’s discretion.

8.3. All warranty claims are voided:

a. when applicable laws and regulations have changed after Delivery of the Service;

b. when the Client is in default in respect of any payment to WDT or otherwise fails to fulfil its obligation(s) under the Agreement;

c. if the Client has made changes or arranged for changes to be made to the Documentation or the tested or final product by itself or through third parties;

d. if the Client has not notified WDT In Writing within seven (7) days after the discovery of the defect.

8.4. A breach of warranty shall not affect the Client’s obligations under other Agreements or Services yet to be executed and shall not entitle the Client to suspend payments to WDT.


Article 9. Complaints

9.1. The Client can no longer invoke a defect in the agreed execution if he has not complained about it In Writing to WDT within seven (7) days after he discovered or reasonably should have discovered the defect.

9.2. The Client must have submitted complaints about an invoice to WDT within the payment period of the relevant invoice.

9.3. Complaints do not suspend the Client’s (payment) obligations under the Agreement.


Article 10. Liability

10.1. In the event of an attributable failure, WDT is bound to fulfil its contractual obligations, subject to Article 4 up to and including Article 9.

10.2. Any (risk) liability of WDT is excluded for indirect damage (including in any case, but not exclusively, consequential damage, trading loss, loss of profit, missed savings, reduced goodwill, damage due to business stagnation and damage resulting from errors in, or interruptions or loss of software, data or information) caused by WDT, its employees, the Documentation and/or the (auxiliary) persons it has engaged, unless the damage is the result of intent or conscious recklessness on the part of WDT.

10.3. WDT shall never be liable in respect of advice, information, recommendations or communications of a similar nature given orally.

10.4. In the event that, despite the provisions of this Article 10, WDT can still be held liable, this liability is – except in cases of intent on the part of WDT – limited to the amount that its liability insurer is obliged to pay with respect to the claim, increased by the excess to be borne by WDT on the basis of its liability insurance, up to a maximum of €250,000. In the event that the liability insurance does not provide cover, WDT’s liability shall be limited to once the price paid for the Service provided (excluding VAT) in connection with which the liability has arisen.

10.5. The limitations of liability in this Article 10 shall apply per claim, whereby a series of related damaging events shall count as one event, or one claim.


Article 11. Indemnity

11.1. The Client shall indemnify WDT, to the extent permitted by law, against the consequences of liability towards one or more third parties arising from and/or connected with the execution of the Agreement, irrespective of whether the damage was caused or inflicted by WDT, an auxiliary person, auxiliary goods or (finished) goods or is the result of a defect in the execution delivered by WDT.

11.2. If the damage is partly the result of a circumstance attributable to the Client, the Client shall always be obliged to compensate at least a proportional part of this damage. The Client shall ensure adequate insurance with regard to the execution risk as referred to in Article 11.1.

11.3. At WDT’s first request, the Client is obliged to demonstrate that it complies with its obligations under this Article 11.


Article 12. Intellectual property rights

12.1. The intellectual property rights of WDT on all that WDT provides to the Client in the execution of the Agreement, including in any case all reports, drawings, images, calculations, designs, processes and models provided, shall remain vested in WDT, irrespective of whether or not WDT produced or compiled (custom-made) items on the instructions of the Client and/or according to the specifications provided by the Client.

12.2. If intellectual property rights arise in the execution of the Agreement between WDT and the Client, they shall be vested in WDT. Insofar as the intellectual property rights become vested in the Client pursuant to any law, the Client transfers these intellectual property rights to WDT in advance by entering into the Agreement and the Client shall, insofar as necessary, render all required cooperation to this transfer. The Client further grants in advance, upon entering into the Agreement, an irrevocable power of attorney enabling WDT to do all that is necessary to leave the intellectual property rights with it.

12.3. The moment the Client becomes aware that third parties are infringing WDT’s intellectual property rights, the Client shall notify WDT without delay.


Article 13. Privacy

13.1. When WDT or the Client obtains personal data provided by the other party during the execution of the Agreement and processes such personal data, it shall process said data in a proper and careful manner and comply with the legal requirements that follow from the General Data Protection Regulation.

13.2. If WDT or the Client is considered a processor within the meaning of the General Data Protection Regulation, WDT and the Client shall agree In Writing on a processor agreement that complies with the provisions of the General Data Protection Regulation.

13.3. WDT and the Client shall inform each other within five (5) working days of any request and/or complaint from the supervisory authority or data subject regarding the personal data processed in the execution of the Agreement. WDT and the Client shall mutually provide each other with the cooperation required to comply with the requests of data subjects or the supervisory authority.

13.4. Client shall indemnify WDT for administrative sanctions, remedial sanctions and punitive sanctions imposed on WDT in the context of processing operations carried out by WDT in the execution of the Agreement.


Article 14. Client’s obligations

14.1. If the Client is a professional party who, based on the Documentation provided to it by WDT, makes modifications to the vehicle of a third party, the Client is obliged to properly record the data of that third party in an updated file (geactualiseerd bestand).

14.2. The updated file referred to in Article 14.1 shall include at least the following data:

a. Name and address details of the relevant third party;

b. A reference to the Documentation received from WDT;

c. a description of the adjustments made to the third party’s vehicle in question, as well as an indication of the purpose the vehicle adjustment serves;

d. The chassis number and registration number of the vehicle;

e. the date on which the relevant third party’s vehicle, after modification thereof by the Client, was delivered back to that third party.

14.3. At WDT’s first request, the Client shall provide the updated file referred to in this Article 14 to WDT.

14.4. In the event of a (product) recall, the Client shall cooperate fully with WDT in order to ensure that the third parties referred to in this Article 14, are informed accordingly.


Article 15. Confidentiality

15.1. Within the scope of this Agreement, the Client shall not in any way disclose to a third party any information of which it becomes aware in connection with the conclusion or execution of this Agreement, and of which it knows or could reasonably suspect the confidential nature. The duty of confidentiality does not apply insofar as disclosure is necessary for the execution of this Agreement, or if the Client is obliged to disclose it under any statutory provision.

15.2. If the Client is a professional party, it will also impose this duty of confidentiality on its staff or stipulate it towards third parties, respectively.


Article 16. Dissolution

16.1. The Agreement may be dissolved (ontbinding) by WDT, without being obliged to pay any compensation for costs or damage, by means of a Written declaration to the Client with immediate effect if:

a. the Client files for bankruptcy or is declared bankrupt or if a similar insolvency proceedings become applicable to the Client;

b. the Client applies for or obtains (provisional) suspension of payments or if a similar insolvency procedure becomes applicable to the Client;

c. the Client offers an (out-of-court or non-judicial) (forced) composition to creditors;

d. attachment is levied on a material part of the Client’s goods, which is not lifted within 14 days of the attachment;

e. the Client is or will be dissolved;

f. the Client is placed under guardianship or administration;

g. the Client is in default with regard to the execution of a material obligation under the Agreement;

h. the Client fails to comply with its obligations under Article 2.6;

i. after the conclusion of the Agreement, other circumstances come to the knowledge of WDT which reasonably give WDT good reason to fear that the Client will not fulfil his obligations,

all this without prejudice to WDT’s right to claim (additional) damages from the Client.


Article 17. Communications

17.1. Unless otherwise provided, all communications concerning the (execution of the) Agreement must be made In Writing.

17.2. Claims for fulfilment and notices of default must be made by registered letter, expressly stating what is required of WDT and within what period.

17.3. The provisions of the preceding paragraph also apply to the setting of any other deadline and to an appeal to dissolve the Agreement. An appeal for dissolution must clearly indicate the grounds for it.


Article 18. Lapse of rights

18.1. Insofar as these general terms and conditions do not provide otherwise, all rights of action of the Client towards WDT shall lapse in any event one year after the day on which the right of action arose, unless the claim is brought before the competent court within this period.


Article 19. Transferability of rights and obligations

19.1. Client cannot transfer its rights and obligations towards WDT, for whatever reason, to a third party. This Article has property law effect within the meaning of Article 3:83(2) of the Dutch Civil Code.


Article 20. (Partial) nullity or voidability

20.1. If any provision of these general conditions is void or voidable, this shall not result in these general conditions being void or voidable in their entirety. If any provision in these general terms and conditions should be void or voidable (and subsequently annulled), it shall be replaced by WDT by a valid provision that most closely approximates the scope of the void or annulled provision.


Article 21. Applicable law and competent court

21.1. All legal relationships between WDT and the Client are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

21.2. All disputes which may arise between WDT and the Client as a result of relations governed by these general terms and conditions shall be subject exclusively to the opinion of the competent Dutch court of the District Court of Gelderland, location Zutphen.


Article 22. Applicability ‘Module: Certification Agreement’

22.1. The provisions contained in this ‘Module: Certification Agreement’ shall apply in addition to the general terms and conditions of WDT, to all agreements entered into between WDT and the Client whereby the Client is granted the right to carry one or more certificates, certification marks and/or statements of compliance (hereinafter: the ‘Certification Agreement’)

22.2. Unless this ‘Module: Certification Agreement’ expressly deviates from WDT’s general terms and conditions, the provisions contained in the latter shall apply without prejudice to the Certification Agreement and the certificates, certification marks and/or statements of compliance issued by WDT (hereinafter collectively: the “Certificates”).


Article 23. Duration and termination of the Certification Agreement

23.1. Unless otherwise agreed, the Certification Agreement is entered into for an indefinite period.

23.2. If the Certificate or Certificates concerned have a period of validity, both parties may terminate the Certification Agreement against the date on which the said period of validity expires. Where the Certification Agreement covers several Certificates, the Agreement may be terminated in respect of each individual Certificate by the date on which the period of validity of the relevant Certificate expires.

23.3. If a Certificate has no period of validity, both parties may (partially) terminate the Certification Agreement in respect of the relevant Certificate with three months’ notice.

23.4. Without prejudice to the provisions of Article 23.2 and Article 23.3, WDT shall not proceed to terminate a Certification Agreement unless continuation of that Certification Agreement cannot reasonably be required of it.

23.5. The Certification Agreement terminates in any case in respect of each Certificate at the time when the applicable statutory regulations and/or directives lapse or change in such a way that the certified products, processes, management systems or persons no longer comply with them.


Article 24. Compliance

24.1. Within the framework of the execution of the Certification Agreement and with regard to the Certificates, the Client shall at all times comply with the applicable statutory regulations and directives as well as the requirements and conditions set by WDT. In doing so, the Client shall reasonably cooperate with all inspections and follow-up examinations.

24.2. The Client shall immediately notify WDT In Writing of all intended changes with respect to products and/or processes assessed by WDT, submitting all data relevant to the Certificate issued. The Client may only carry an issued Certificate in respect of changed products and/or processes if and from the moment the changes have been approved by WDT In Writing.

24.3. Client grants WDT all cooperation in order to carry out announced or unannounced audits or inspections. The Client shall bear the costs of such an audit and any follow-up inspections.

24.4. If the Client fails to fulfil its obligations under the Certification Agreement and, for example, does not meet the requirements set out therein, WDT is entitled to:

a. request the Client to still fulfil its obligations within a term set for that purpose and charge the Client for the costs of a resulting reassessment; or

b. suspend or revoke a Certificate with immediate effect and publish this fact.

24.5. In case of suspension or revocation referred to in Article 24.4.b, the Client is obliged to immediately refrain from carrying the relevant Certificate, as well as from creating in any other way the impression that she would still be entitled to carry it. This also applies if the Certification Agreement has been terminated. The Client is obliged to return a Certificate to WDT without delay, if he is no longer authorised to conduct relevant Certificate.


Article 25. Public announcements and publications

25.1. Unless otherwise agreed In Writing, the Client is only authorised to use the name and/or a reference to WDT in connection with a Certificate issued by WDT. The Client shall act in such a way that the reputation of WDT is not affected when using the Certificates provided by WDT. All disclosures shall be arranged so as not to create a false impression regarding the scope of application to which the Certificate applies or regarding the applicable standards or requirements. Where the Certificate relates exclusively to a specific process, it is not permitted to affix certification marks or other signs to products. In the event of – in WDT’s discretion – incorrect statements or publications by the Client, the Client shall, if requested to do so by WDT, be obliged to rectify without delay to the satisfaction of WDT.


Article 26. Complaints certified products and dispute resolution

26.1. If WDT receives complaints about its certified products, WDT will investigate the accuracy of the complaint. Both the complainant and the Client will be heard and the result of the investigation will be reported to both of them. If, in the opinion of WDT, the complaint is well-founded, the Client shall take measures without delay, which will give the complainant as much satisfaction as possible and which will prevent repetition of the complaint.

26.2. If decisions of WDT qualify as ‘a decision’ (besluit) within the meaning of the General Administrative Law Act (Algemene wet bestuursrecht), the Client, in addition to the right to make its objections known through the aforementioned complaints procedure, also has the right to lodge an objection in accordance with the provisions of the General Administrative Law Act. If WDT rejects the objection, the Client has the right to appeal to the competent administrative court in Arnhem within six weeks from the date of WDT’s rejection decision.


Article 27. Liability and indemnity

27.1. With regard to the execution of the Certification Agreement and the issuing of Certificates, any (risk) liability of WDT is excluded for direct and indirect damage (including in any case but not exclusively consequential damage, trading loss, loss of profit, lost savings reduced goodwill, damage due to business stagnation and damage due to errors in, or interruptions or loss of any software, data or information) caused by WDT, its employees and/or the (auxiliary) persons engaged by it, unless the damage is the result of intent or conscious recklessness on the part of WDT.

27.2. Unless the liability is the result of intent or deliberate recklessness on the part of WDT or its management, the Client shall indemnify WDT against any liability of WDT, its employees and/or (auxiliary) persons engaged by it towards third parties, which has arisen from and/or is connected with the execution of the Certification Agreement and/or the products certified by WDT and put on the market by the Client. This indemnification shall apply without prejudice if the damage is caused or inflicted by WDT, its employees, or a (auxiliary) person engaged by it, or if the damage is the result of a defect in a execution delivered by or on behalf of WDT.

27.3. Notwithstanding the provisions of this Article 27 can still be held liable, the Client shall be obliged to compensate at least a proportional part of the claimed damage, if the damage in question is partly the result of a circumstance attributable to the Client.

27.4. The Client is obliged to take out adequate insurance with regard to the (execution) risks referred to in this Article 27. At WDT’s first request, the Client is obliged to submit proof that this obligation has been fulfilled.

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