Einde inhoudsopgave
Draft Common Frame of Reference
IV. C. — 2:108 Contractual obligation of the service provider to warn
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
(1)
The service provider must warn the client if the service provider becomes aware of a risk that the service requested:
- (a)
may not achieve the result stated or envisaged by the client at the time of conclusion of the contract;
- (b)
may damage other interests of the client; or
- (c)
may become more expensive or take more time than agreed on in the contract
either as a result of following information or directions given by the client or collected in preparation for performance, or as a result of the occurrence of any other risk.
(2)
The service provider must take reasonable measures to ensure that the client understands the content of the warning.
(3)
The obligation to warn in paragraph (1) does not apply if the client:
- (a)
already knows of the risks referred to in paragraph (1); or
- (b)
could reasonably be expected to know of them.
(4)
If a risk referred to in paragraph (1) materialises and the service provider did not perform the obligation to warn the client of it, a notice of variation by the service provider under IV. C. — 2:109 (Unilateral variation of the service contract) based on the materialisation of that risk is without effect.
(5)
For the purpose of paragraph (1), the service provider is presumed to be aware of the risks mentioned if they should be obvious from all the facts and circumstances known to the service provider without investigation.
(6)
For the purpose of paragraph (3)(b), the client cannot reasonably be expected to know of a risk merely because the client was competent, or was advised by others who were competent, in the relevant field, unless such other person acted as the agent of the client, in which case II. — 1:105 (Imputed knowledge etc.) applies.