Organization / Conditions
LabWing Terms and Conditions
All offers and activities of LabWing B.V. hereinafter referred to as LabWing are subject to:
a. the FHI General Conditions of Delivery of the association FHI, federation of technology branches, filed with the Chamber of Commerce Gooi-, Eem- and Flevoland under number 40507574.
b. the general conditions of NLdigital, association of companies in the digitization, information technology, telecommunication, office automation and related sectors in the Netherlands, filed with the District Court of Midden Nederland, location Utrecht.
c. these conditions,whereby in case of contradiction or lack of clarity these conditions prevail
2. Standaard software
With respect to standard software developed by LabWing, it is guaranteed that this software, if used on the correct equipment in accordance with the specifications and guidelines provided, functions in accordance with the specifications provided with respect to that software. It is not guaranteed that the software is error or failure free.
3. Standard software of third parties
Except when LabWing provides an express warranty, standard software provided by or originating from third parties is only subject to the warranty provided by third parties. LabWing is not liable for defects, shortcomings or errors in standard software supplied by third parties, even if it is linked to or integrated in other software or hardware originating from LabWing, or was selected or purchased on the advice of LabWing.
4. Non-standard software
Except where an out-of-office result guarantee has been given by LabWing, all assignments for the manufacture or development of software will be performed by LabWing on a "best effort" basis. The responsibility for specifications or program of requirements, even if they are established in consultation with, or on the basis of advice from LabWing rests at all times with the client. Software produced under contract is also not guaranteed to be error or failure free.
5. Adjustments and changes
The provisions of the previous article apply equally to adjustments and changes made to the software, before or after acceptance by the client. The client accepts that making adjustments and changes to existing or standard software may increase the chance of errors and malfunctions in that software.
Except where an express warranty to the contrary is provided by LabWing, hardware supplied by LabWing is only subject to the warranty of the manufacturer or supplier. In all cases where service (whether or not under warranty) is provided by a manufacturer or supplier, LabWing will only act as an intermediary, and have no responsibility of its own.
7. Copyright, etc.
LabWing retains or acquires the copyright and other intellectual property rights to all that it supplies, manufactures and develops, even if this is done for or on behalf of a client. In the latter case, the delivery includes a license to the client for the use of the software in accordance with the provisions of Netherlands ICT Condition 22.
8. Third party services
Without prejudice to its own responsibility, LabWing will always be permitted to outsource work in whole or in part to third parties.
Unless otherwise specified on the invoice, invoices are payable within 15 days of the invoice date and the interest to which LabWing is entitled in the event of non-payment or late payment is 1% per month or part thereof.
10. Other languages
If versions of these or the FHI General Terms of Delivery and the NLdigital Terms exist in other languages, the Dutch version will always prevail.
These terms may be referred to as "LabWing Terms and Conditions" and they are, like the FHI General Conditions of Delivery and the NLdigital Terms, available for inspection and free of charge at LabWing and on our website www.labwing.com.