Einde inhoudsopgave
Principles of European Law on Service Contracts (PELSC)
Artikel 4:110 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 thing is destroyed or damaged due to an event for which the storer cannot be held accountable and which the storer could not have avoided or overcome.
(2)
If, prior to the event mentioned in paragraph (1), the storer had notified the client that the client was required to accept the return of the thing, the client must pay the price. The price is due as of the occurrence of the event and the moment that the storer returns the remains of the thing, if any, or the client indicates that the client does not want the remains of the thing. In the latter case, the storer may dispose of the remains of the thing at the client's expense.
(3)
If the parties had agreed that the storer would be paid for each period of time that has elapsed, the client must pay the price for each period that has elapsed before the event mentioned in paragraph (1) occurred.
(4)
If, after the event mentioned in paragraph (1) occurred, further performance of the contract is still possible for the storer, the storer is required to continue performance of the contract. The client is, however, entitled to cancel the contract under Article 1:115 (Cancellation of the Service Contract); the consequences of such cancellation are governed by that provision.
(5)
If, in the situation mentioned in paragraph (1), performance of the contract is no longer possible for the storer:
- (a)
the client does not have to pay for the service rendered; the storer's entitlement to a price under paragraph (3) is not affected by this provision; and
- (b)
the storer must return to the client the remains of the thing unless the client indicates that the client does not want the remains of the thing. In the latter case, the storer may dispose of the remains of the thing at the client's costs.