IV. C. — 4:107 Risks

Geldend

Documentgegevens:

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)

This Article applies if the thing is destroyed or damaged due to an event which the processor could not have avoided or overcome and the processor cannot be held accountable for the destruction or damage.

(2)

If, prior to the event mentioned in paragraph (1), the processor had indicated that the processor regarded the service as sufficiently completed and that the processor wished to return the thing or the control of it to the client:

(a): the processor is not required to perform again; and
(b): the client must pay the price.

The price is due when the processor returns the remains of the thing, if any, or the client indicates that the client does not want the remains. In the latter case, the processor may dispose of the remains at the client's expense. This provision does not apply if the client was entitled to refuse the return of the thing under paragraph (1) of IV. C. — 4:105 (Return of the thing processed).

(3)

If the parties had agreed that the processor would be paid for each period which has elapsed, the client is obliged to pay the price for each period which has elapsed before the event mentioned in paragraph (1) occurred.

(4)

If, after the event mentioned in paragraph (1), performance of the obligations under the contract is still possible for the processor:

(a): the processor still has to perform or, as the case may be, perform again;
(b): the client is only obliged to pay for the processor's performance under (a); the processor's entitlement to a price under paragraph (3) is not affected by this provision;
(c): the client is obliged to compensate the processor for the costs the processor has to incur in order to acquire materials replacing the materials supplied by the client, unless the client on being so requested by the processor supplies these materials; and
(d): if need be, the time for performance is extended in accordance with paragraph (6) of IV. C. — 2:109 (Unilateral variation of the service contract).

This paragraph is without prejudice to the client's right to terminate the contractual relationship under IV. C. — 2:111 (Client's right to terminate).

(5)

If, in the situation mentioned in paragraph (1), performance of the obligations under the contract is no longer possible for the processor:

(a): the client does not have to pay for the service rendered; the processors entitlement to a price under paragraph (3) is not affected by this provision; and
(b): the processor is obliged to return to the client the thing and the materials supplied by the client or what remains of them, unless the client indicates that the client does not want the remains. In the latter case, the processor may dispose of the remains at the client's expense.