General Terms and Conditions
Article 1 – Applicability
These terms and conditions apply to all offers from Natural Green Pest Control and form part of all agreements (hereinafter referred to as “the agreement”) between Natural Green Pest Control and any purchaser of goods or services from Natural Green Pest Control (hereinafter referred to as “the customer”).
General terms and conditions of the customer, regardless of their name, are not applicable and are expressly rejected in full.
If any provision of these terms is declared wholly or partially inapplicable or nullified, the remaining terms remain in full effect.
In the event of a discrepancy between a translation and the Dutch version of these terms, the Dutch version will prevail.
Article 2 – Offer / Agreement / Modification
All offers by Natural Green Pest Control are non-binding unless the offer specifies an acceptance period.
An agreement is only deemed to have been concluded once the customer’s order is confirmed in writing, or if no written confirmation is provided, as soon as Natural Green Pest Control has commenced the execution of the order.
If, after the agreement is concluded, the agreed delivery of goods/services becomes excessively burdensome or impossible, Natural Green Pest Control has the right to unilaterally modify the agreement to remove the objections or the impossibility, if feasible. Any additional or reduced costs will be settled fairly. This provision does not affect the right of Natural Green Pest Control to terminate the agreement.
The rights and obligations of the customer under this agreement are not transferable to a third party without prior written consent from Natural Green Pest Control.
Article 3 – Price Changes
Natural Green Pest Control is entitled to pass on any price-altering circumstances occurring after the offer or the conclusion of the agreement, including increases in purchase prices, wages, transport, storage or energy costs, taxes, government levies, insurance premiums, as well as currency exchange rate changes, to the customer, regardless of whether these circumstances were foreseeable.
The price for goods and services specified in an agreement with a duration of more than 12 months may be adjusted annually.
Article 4 – Delivery of Goods / Ownership / Risk Transfer
Unless explicitly agreed otherwise in writing, goods and services will be delivered in accordance with Incoterms 2000. Prices exclude packaging, storage costs, and VAT.
Unless explicitly agreed otherwise, transportation of purchased goods is at the customer’s expense and risk.
Delivery times are approximate unless explicitly agreed otherwise in writing.
If the customer fails to accept the goods at the agreed time, they must notify Natural Green Pest Control as soon as possible.
If the goods are not collected after the delivery period has expired, Natural Green Pest Control has the right to store these items at the customer’s expense and risk.
All goods delivered remain the property of Natural Green Pest Control until all amounts owed by the customer under this agreement, or any other agreement, have been paid in full.
The risk of loss, theft, or damage of goods transfers to the customer at the moment they are placed under the customer’s control.
Article 5 – Provision of Services / Method of Execution
1. The activities performed or to be performed by Natural Green Pest Control Co., Ltd. under the agreement, including but not limited to pest control, fumigation, reporting and documentation of the activities, and consultancy (hereinafter collectively referred to as “the activities”), are carried out by or under the supervision of qualified personnel. Natural Green Pest Control Co., Ltd. is authorized to have the activities performed by third parties under its responsibility.
2. The client must provide Natural Green Pest Control Co., Ltd. with written instructions in advance regarding how the activities should be performed. Natural Green Pest Control Co., Ltd. is not bound by these instructions unless it has confirmed receipt thereof in writing to the client.
3. The client must inform Natural Green Pest Control Co., Ltd. in writing as far in advance as possible if the client wishes to amend the manner in which the activities are to be carried out. Natural Green Pest Control Co., Ltd. is entitled to adjust its service prices accordingly as of the moment the changes take effect. Natural Green Pest Control Co., Ltd. is not bound by these instructions unless it has confirmed receipt thereof in writing to the client.
4. Unless explicitly agreed otherwise in writing, the execution times for the activities are approximate and not binding.
5. The client is obligated to strictly follow all instructions from or on behalf of Natural Green Pest Control Co., Ltd. aimed at performing the activities as efficiently and effectively as possible, including but not limited to keeping the spaces where the activities are performed clean. If the client fails to follow the instructions, Natural Green Pest Control Co., Ltd. is entitled to charge the client for any additional work that becomes necessary as a result and is actually carried out by Natural Green Pest Control Co., Ltd. Unless explicitly agreed otherwise in writing, Natural Green Pest Control Co., Ltd. is not obligated to perform this additional work.
6. The client must ensure that Natural Green Pest Control Co., Ltd. can commence the activities immediately upon arrival. This includes granting unrestricted access to all areas, rooms, premises, and the like that are to be treated. Any refusal or hindrance in granting access does not release the client from its obligation to pay the agreed price. If the activities cannot be performed or are delayed due to circumstances within the client’s sphere of risk, the client is always obligated to pay the agreed price and to provide Natural Green Pest Control Co., Ltd. the opportunity to perform the activities at a later date to be agreed upon. Natural Green Pest Control Co., Ltd. is entitled to charge the client for any additional costs incurred in such cases, in addition to the agreed price.
7. The client is obligated to provide all standard tools and materials free of charge and in good usable condition to Natural Green Pest Control Co., Ltd. during the performance of the activities, as well as any special clothing, materials, tools, or equipment that the client wishes Natural Green Pest Control Co., Ltd. to use, including clothing, masks, overalls, etc.
Article 6 – Additional or Reduced Work
1. Additional or reduced work will be settled at the time of assignment or at the next payment obligation of the client to Natural Green Pest Control Co., Ltd., based on fairness. A failure by Natural Green Pest Control Co., Ltd. to settle additional or reduced work does not deprive it of the right to claim such settlement later.
2. Additional work includes all activities and deliveries not included in the agreement and requested by the client, or that have become necessary under Article 5 paragraph 5 of these general terms and conditions.
Article 7 – Payment
Natural Green Pest Control is entitled at any time to request payment in advance before commencing (part of) the work or delivering goods.
The customer must make payment within the specified payment term after the invoice date, in the manner indicated by Natural Green Pest Control.
The customer is never entitled to invoke set-off or suspension of their payment obligation against Natural Green Pest Control.
If the customer fails to pay any amount owed within the agreed payment term, they will be in default without further notice. From the moment of default, the customer owes statutory commercial interest as referred to in Article 6:119a of the Dutch Civil Code on the outstanding amount.
If the customer remains negligent in settling the claim after a reminder or notice of default, Natural Green Pest Control is entitled to hand over the claim for collection. In such cases, the customer is also obliged to reimburse all judicial and extrajudicial costs incurred by Natural Green Pest Control.
Article 8 – Complaints
Unless otherwise agreed in writing, complaints regarding delivered goods and/or services must be submitted in writing to Natural Green Pest Control within 8 days of delivery, stating the nature and extent of the complaints. Failure to do so will result in the customer losing their right to complain.
In such cases, the customer must, upon request, grant Natural Green Pest Control employees or third parties access to the allegedly faulty goods and/or locations where the work was performed, to allow Natural Green Pest Control to assess the complaint’s validity.
If a complaint is justified, Natural Green Pest Control will perform the agreed work unless this has demonstrably become pointless for the customer. The customer must communicate this in writing.
Article 9 – Force Majeure
Force majeure refers to any failure to fulfill the obligations arising from the agreement that cannot be attributed to Natural Green Pest Control, as it is not due to its fault or accountable by law, legal act, or general practices.
Force majeure includes (but is not limited to):
a) War, revolution, fire, or occupation.
b) Disruptions in the supply of raw materials, water, electricity, or services, either in general or specifically affecting Natural Green Pest Control’s suppliers.
c) Labor shortages due to illness or strikes.
d) Weather or traffic conditions that prevent safe execution of the work.
In the event of force majeure, Natural Green Pest Control is entitled to suspend the fulfillment of its obligations under the agreement, without any obligation to pay damages.
Article 10 – Guarantees / Liability
Statements by or on behalf of Natural Green Pest Control regarding the quality of work, materials used, and goods delivered are only considered guarantees if made explicitly in writing as such.
Due to the nature of pest control, Natural Green Pest Control does not guarantee the intended results.
Natural Green Pest Control is only liable for direct damage caused by an attributable shortcoming, and any compensation is limited to the amount charged to the customer in the six months preceding the incident.
Natural Green Pest Control is not liable for indirect or consequential damage, including (but not limited to) loss of profits or delays suffered by the customer or third parties.
Article 11 – Termination / Cancellation / Dissolution
1. Natural Green Pest Control Co., Ltd. is entitled to terminate all agreements, whether for a fixed or indefinite period, with a notice period of two (2) months.
2. Agreements with an indefinite term can be terminated by the client, acting in the course of a profession or business, with a notice period of two (2) months. Agreements with a fixed term with such a client will, unless terminated with a notice period of two (2) months, automatically be renewed for the same duration as the initial fixed term. The provisions regarding price adjustments will continue to apply upon renewal.
3. Natural Green Pest Control Co., Ltd. is entitled to dissolve the agreement in whole or in part, with immediate effect and without prior notice or judicial intervention, if:
a) The client has applied for or been granted suspension of payments.
b) The client has applied for bankruptcy or has been declared bankrupt.
c) The client’s business is or will be liquidated, or the client ceases operations.
d) A significant portion of the client’s assets has been seized, or the client can no longer reasonably be expected to meet its obligations under the agreement.
e) Continuation of the relationship with the client would result in reputational or image damage for Natural Green Pest Control Co., Ltd., or if this can reasonably be expected.
Article 12 – Applicable Law / Disputes
1. Agreements between Natural Green Pest Control Co., Ltd. and the client are exclusively governed by Thai Civil Law, excluding Thai International Law.
2. All disputes between Natural Green Pest Control Co., Ltd. and the client, which cannot be resolved amicably, will be exclusively submitted to the competent court in the district where Natural Green Pest Control Co., Ltd.’s main office is located.