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Delachambre (Recruitment Masters)
Maclaine Pontstraat 12
1814HK Alkmaar
(the Netherlands)
KVK: 80476872

To be referred to hereinafter as: Recruitment Masters

Article 1 Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly specified otherwise.

  • Annual salary: The annual salary of a candidate, meaning the fixed annual salary (12 months), including holiday allowance.
  • Agreement: an oral, written or electronic agreement between Recruitment Masters and the client whereby commissions are carried out by Recruitment Masters at a price payable by the principal.
  • Client: the (legal) entity that, either for itself or for third parties, (has) given a commission to Recruitment Masters or that has been made an offer.
  • Shortlist: the list with applicants to be interviewed by the client.

Article 2 General

  1. These terms and conditions shall apply to each oer, quotation and agreement between Recruitment Masters and a client to which Recruitment Masters has declared these terms and conditions applicable.
  2. These terms and conditions shall also apply to all the agreements with Recruitment Masters, the execution of which calls for the services of third parties.
  3. Any deviations from these general terms and conditions shall only apply, if they have been agreed on explicitly in writing.
  4. The applicability of any purchase conditions or other conditions of the client are expressly excluded herewith.
  5. In the event that one or several of the stipulations of these general terms and conditions should be null and void or should declared null and void, the remaining stipulations of these general terms and conditions shall remain fully applicable. The case ensuing, Recruitment Masters and the client shall enter into negotiations to agree upon new stipulations replacing the stipulations that are null and void or have been declared null and void, whereby the purpose and meaning of the original stipulation shall be heeded as far as possible.
  6. A client contracted once under the present terms and conditions is deemed to have tacitly agreed to the applicability of these terms and conditions to future commissions.

Article 3 Offers and quotations

  1. All offers shall be free of obligation, unless the oer contains an acceptance term.
  2. The prices in the offers and quotations referred to shall be exclusive of VAT and any other governmental levies, as well as of any costs to be incurred in the framework of the agreement, unless stated otherwise.
  3. If the acceptance deviates (on secondary items) from the offer made in the quotation, Recruitment Masters shall not be bound by it. In such event, the agreement shall not be concluded in accordance with said deviating acceptance, unless Recruitment Masters indicates otherwise.

Article 4 Formation of the agreement

  1. An agreement is established when Recruitment Masters accepts the activities commissioned to it orally, in writing, or electronically, or commences the execution of the agreement in a manner knowable to the client.
  2. Any changes in the agreement in respect of the offer are valid only if agreed upon in writing or electronically.
  3. All agreements are entered into for an indefinite period of time, unless the contrary arises from the nature of the agreement or from what parties have expressly agreed upon.

Article 5 Execution of the agreement

  1. Recruitment Masters shall execute the agreement to the best of its ability and understanding and in accordance with the requirements of good workmanship. This based on the state of the art known at the time.
  2. The client shall ensure that Recruitment Masters is provided in due time with all data that Recruitment Masters has said to be necessary or of which the client should in all reasonableness understand that they are necessary for the execution of the agreement. If the data required for the execution of the agreement are not provided to Recruitment Masters in due time, Recruitment Masters shall be entitled to suspend the execution of the agreement and/or to charge the client subsequently with the additional costs resulting from the delay.

Article 6 Duration of the agreement; execution term

  1. The agreement between Recruitment Masters and a client shall be concluded for an indefinite period of time, unless otherwise arises from the nature of the order or the parties agree expressly otherwise in writing.
  2. If, within the duration of the agreement, a term has been agreed on for the completion of specific work, this shall never be a firm date. If the term of execution is exceeded, the client shall send Recruitment Masters therefore a written notice of default, granting Recruitment Masters a reasonable term to complete its work / assignment.

Article 7 Fees

  1. The fee of Recruitment Masters is calculated per order and consists of a percentage of the annual salary for the job function to be fulfilled. The calculation of this fee shall be based on a fulltime employment. The rates are divided as follows:

Gross salary incl. holiday allowance

Retainer             0%
Shortlist             0%
Completition   22%

* The fees mentioned in this schedule are exclusive of VAT

2. For each applicant introduced by Recruitment Masters who signs an employment contract with the client within 18 months after the introduction by Recruitment Masters, or otherwise carries out activities for the purpose of the principal, also if it concerns a different function than the function to which the original commission pertained, the client will pay to Recruitment Masters the reimbursement agreed upon in conformity with the schedule set forth in this article.

3. If, arising from a single commission, more than one applicant is placed with the client or with one of its affiliated companies, the client will owe, for the second and subsequent placements, if any, which take place within 18 months of the first placement, a new fee to Recruitment Masters for each placement. In that case the fee amounts to 75% of the agreed reimbursement, based on the annual salary as described in article 8.1.

Article 8 Payment

  1. Payment shall be effected within 14 days from the invoice date in a manner to be instructed by Recruitment Masters in the currency in which the invoice is issued. Objections to the amount of the invoice shall not release the client from the obligation to pay.
  2. In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of Recruitment Masters against the client shall be immediately due and payable.

Article 9 Guarantee

  1. If the candidate terminates the employment contract within 1 month after commencement of the employment, for reasons client cannot be blamed for directly, Recruitment Masters shall make an effort to find a new candidate for the same function. For these efforts in respect of this new candidate, Recruitment Masters shall not charge a new fee, provided the client has fulfilled his payment obligation concerning the first candidate.

Article 10 Applicable law

  1. Every agreement between Recruitment Masters and the client shall be governed by Dutch law.

Article 11 Changes to, explanation to and location of the terms and conditions

  1. In the event of interpretation of the content sand tenor of these general terms and conditions, the Dutch text thereof shall always prevail.
  2. The most recently filed version shall always apply.
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