Einde inhoudsopgave
Principles of European Law on Service Contracts (PELSC)
Artikel 2:108 Risks
Geldend
Geldend vanaf 01-10-2005
- Redactionele toelichting
De dag van de datum van publicatie is gezet op 01.
- Bronpublicatie:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-10-2005
- Bronpublicatie inwerkingtreding:
01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Verbintenissenrecht / Overeenkomst
(1)
This Article applies if the structure is destroyed or damaged due to an event for which the constructor cannot be held accountable and which the constructor could not have avoided or overcome.
(2)
When the situation mentioned under paragraph 1 has been caused by an event occurring before the structure or control of it has been, or should have been, transferred to the client in accordance with Article 2:106 and it is still possible to perform:
- (a)
the constructor still has to perform or, as the case may be, perform again;
- (b)
the client is only obliged to pay for the constructor's performance under (a);
- (c)
the time of performance is extended in accordance with Article 1:111(6) (Variation of the Service Contract);
- (d)
the rules of Article 8:108 PECL (Excuse Due to an Impediment) may apply to the constructor's original performance; and
- (e)
the constructor is not obliged to compensate the client for losses to input provided by the client.
(3)
When the situation mentioned under paragraph 1 has been caused by an event occurring before the structure or control of it has been, or should have been, transferred to the client in accordance with Article 2:106, and it is no longer possible to perform:
- (a)
the client does not have to pay for the service rendered;
- (b)
the rules of Article 8:108 PECL (Excuse Due to an Impediment) may apply to the constructor's performance; and
- (c)
the constructor is not obliged to compensate the client for losses to input provided by the client, but is obliged to return the structure or what remains of it to the client.
(4)
When the situation mentioned under paragraph 1 has been caused by an event occurring after the structure or the control of it has been, or should have been, transferred to the client in accordance with Article 2:106:
- (a)
the constructor does not have to perform again; and
- (b)
the client remains obliged to pay the price.