Artikel 3:109 Risks

Geldend

Documentgegevens:

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 processor cannot be held accountable and which the processor could not have avoided or overcome.

(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 as of the occurrence of the event and the moment that 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 costs.

This provision does not apply if the client was entitled to refuse the return of the thing under Article 3:107(1).

(3)

If the parties had agreed that the processor would be paid for each period that has elapsed, the client is obliged to 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, performance of the contract is still possible for the processor:

(a): the processor still has to perform, as the case may be, 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 upon being so requested by the processor supplies these materials himself; and
(d): if need be, the time for performance is extended in accordance with Article 1:111(6) (Variation of the Service 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 processor:

(a): the client does not have to pay for the service rendered; the processor's 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 costs.