Article 1. Definitions

1.a. FvdM: FvdM Montage BV, established and with registered office at Vliegeniersstraat 15 (5405BH) Uden;

1.b. Contractor: the natural or legal person with whom FvdM has entered into the Agreement;

1.c. Client: the client of FvdM;

1.d. Agreement: the Agreement between FvdM and Contractor for the performance of work and/or the delivery of goods and/or services by Contractor, to which these general terms and conditions have been declared applicable.

2. Part A of these general terms and conditions applies to all agreements.
3. Part B of these general terms and conditions applies if and to the extent that the agreement (also) provides for the delivery of goods.
4. Part C of these general terms and conditions applies if and to the extent that the agreement (also) provides for the acceptance of work or the provision of services.

 
Article 2. Contractor's quotations, conclusion of the agreement

1. A request from the client for a quotation is always without obligation.
2. A quotation from the contractor is irrevocable, unless the contractor has expressly stated in writing before or when submitting the quotation that it is revocable.
3. The contractor will honour his offer for a period of 6 weeks.
4. An agreement between FvdM and the contractor will only be concluded – in the case of a quotation issued by the contractor – after written acceptance by FvdM of a quotation from the contractor.
5. In the performance of a (framework) agreement, the agreement is concluded each time that FvdM sends the order for a (partial) delivery of goods/(partial) performance of works within the framework of the relevant framework agreement. The contractor must return the order sent to him unchanged and signed to FvdM within 14 days after the date of dispatch of the order. If the contractor fails to return the order within the period stated above and does not object to the content thereof within that period, or has started the performance of the order, the order is deemed to have been accepted on the conditions as stated in the order and under the applicability of these general terms and conditions. Any general terms and conditions or delivery conditions used by the contractor are explicitly rejected by FvdM.
6. If the contractor finds any obvious ambiguities or shortcomings in the order, he is obliged to point this out to the client without delay and to request clarification before proceeding with execution, production or delivery, failing which the contractor is liable for all harmful consequences as a result.
7. Additions to and amendments of provisions in the agreement and/or the documents forming part thereof pursuant to paragraph 2 of this article shall only be binding on the client if and to the extent that they have been accepted by the client in writing.
8. The Contractor is expected to comply with all relevant laws and regulations in its business operations in general and in the performance of the Agreement in particular, including but not limited to provisions relating to competition, the environment and working conditions. The Contractor will also make an effort to contribute to corporate social responsibility.
   
   

Article 3. Amendments

1. FvdM is authorised to request that the scope and/or nature of the work to be carried out or the goods and services to be supplied be changed.
2. If, in the opinion of the Contractor, this has consequences for the agreed price and/or delivery time, he will inform FvdM in writing within seven calendar days before implementing the change, after which FvdM and the Contractor will agree on a new price and delivery time.
3. If, in the case of paragraph 2, no agreement is reached on a new price and delivery time, FvdM is authorized to terminate the Agreement. The work performed and/or goods and/or services delivered up to that point, including the costs directly related to termination, will be reimbursed to FvdM by the Contractor.
   
   

Article 4. Outsourcing

1. The Contractor is not permitted to have the Agreement or any part thereof performed by third parties without having received prior written permission from FvdM.
2. The Contractor shall indemnify FvdM against all claims and demands from third parties as a result of the Contractor having (part of) the agreement performed by third parties.
   
   

Article 5. Duty to warn

1. If the contractor encounters any obvious ambiguities or shortcomings in the assignment, he is obliged to point this out to the client without delay and to request clarification before proceeding with execution, production or delivery, failing which the contractor is liable for all harmful consequences as a result.
2. If timely compliance by the Contractor is or threatens to become impossible, the Contractor must inform FvdM of this without delay.
   
   

Article 6. Information

1. If FvdM refers in the Agreement or the appendices thereto to technical, safety, quality or other regulations that are not attached to the Agreement, the Contractor is deemed to be aware of these, unless he immediately informs FvdM in writing to the contrary. FvdM will then inform the Contractor further about the regulations.
2. If drawings, specifications, instructions, inspection regulations and the like made available by FvdM or approved by FvdM are used in the performance of the Agreement, these shall form part of the Agreement. FvdM shall not be liable for incorrect information based on the information made available, except in the case of intentional incorrect information by FvdM.
   
   

Article 7. Non-competition

1. During the execution of the work and for two years after completion of the work, the Contractor shall refrain from making (price) offers to the Client and/or its principal in connection with an extension or modification of the work that is/are being carried out by FvdM. Nor shall the Contractor make any other agreements or arrangements with the Client and/or its principal regarding matters concerning the execution of the work and/or the delivery of goods and/or services. Orders or instructions from the Client shall only be carried out by the Contractor after permission from FvdM.
   
   

Article 8. Quality, inspection, approval

1. Without prejudice to the obligation of the Contractor to carry out the necessary inspections themselves, FvdM and its Client and/or third parties commissioned by the Client are at all times entitled to carry out (have carried out) inspections, tests and examinations during the execution of the work or prior to delivery, in which the Contractor will cooperate without further costs for FvdM and will make personnel and material assistance available to FvdM for the purpose of the examination, test and/or inspection at the request of FvdM. The Contractor will ensure that any suppliers also provide their full cooperation to this end.
2. Regardless of whether FvdM has exercised the right referred to in the previous paragraph, the Contractor will remain fully liable for the correct performance of the Agreement.
3. If at any time it appears that the goods or work do not meet the requirements set out in the Agreement, FvdM will grant the Contractor a reasonable period to have the goods and/or work meet the aforementioned requirements. If after a second inspection, test and/or approval the goods or work still do not meet the requirements set out therein, FvdM is entitled, without prejudice to its other statutory rights, to terminate the Agreement in whole or in part without any notice of default or judicial intervention and without owing any damages to the Contractor in this respect.
4. The costs of the second inspection, test and/or approval, as referred to in paragraph 3, shall be borne by the Contractor.
5. In the event of approval, the Contractor shall not be released from any warranty obligation and/or liability under the Agreement.
6. Rejected items must be removed from the place of delivery by the Contractor at the first request of FvdM and replaced immediately at the Contractor's own expense. If the Contractor fails to do so, the removal will be carried out by FvdM at the Contractor's expense.
   
   

Article 9. Guarantees

1. The Contractor guarantees that the work performed and/or goods and/or services delivered are good and sound and that they meet the purpose of the agreement, without any rights, claims, charges, encumbrances and/or restrictions resting on them from third parties or the Contractor.
2. The Contractor guarantees the absence of any visible or invisible defects.
3. In the absence of proper compliance with the repair obligation by the Contractor and/or

compliance thereof within the set term, as well as in urgent cases, FvdM has the right to perform the necessary work or have it performed by third parties at the expense and risk of the Contractor and FvdM will inform the Contractor of this promptly.

The Contractor must carry out the work in such a way that completion within the agreed period is assured.

4. The agreed time of delivery is a fatal term. In the event of late delivery, the Contractor shall be in default without further notice of default.
   
   

Article 10. Insurance and certification

1. The Contractor is obliged to take out insurance for its liability that is sufficient for FvdM, with a coverage of at least € 2,500,000.00 (in words two and a half million euros), to maintain the coverage for the duration of the assignment and to demonstrate to FvdM's satisfaction that payments will be made directly to the injured party, failing which FvdM is entitled to cancel the Agreement without prejudice to the other rights of FvdM. The (natural) persons engaged and the resources used must meet the requirements set for this purpose. The Contractor, or at least its natural persons, must be VCA-certified, namely VCA-VOL.
2. The Contractor shall provide FvdM with and maintain up-to-date copies of the existing certifications, which may not be older than one year.
   
   

Article 11. Payments

1. The agreed price is fixed for the duration of the Agreement.
2. Unless expressly stated otherwise, the agreed price includes travel and accommodation expenses.
3. When the Contractor has fulfilled all its obligations under the Agreement to the satisfaction of FvdM, it must invoice FvdM for the agreed price as soon as possible, but no later than within thirty days.
4. Approved (man hours) lists issued by FvdM will have no further effect than the acknowledgement that the stated activities have been performed or the stated deliveries have taken place. In particular, they are not deemed to include, among other things, an acknowledgement that everything complies with the Agreement, or that an (additional work) order has been given or a purchase has been made in this regard.
5. The invoice must comply with the legal requirements under the Turnover Tax Act.
6. Unless otherwise agreed, payment shall be made within 60 days after the Contractor has fulfilled its obligations to the satisfaction of FvdM and the invoice has been received by FvdM.
7. Exceeding the payment term of an invoice by FvdM on the grounds of alleged substantive inaccuracy or attributable failure to comply with the Agreement does not entitle the Contractor to suspend its obligations. FvdM will report substantive inaccuracies in invoices to the Contractor as soon as possible, but no later than 30 days after discovery.
8. FvdM is entitled to offset the amounts owed and/or to be claimed in connection with the Agreement against those which FvdM can claim and/or owes from the Contractor on any grounds whatsoever.
9. The right of the Contractor to claim amounts due from FvdM shall lapse and expire 1 year after the day on which it has been established in writing that the work and/or delivered goods and/or services underlying the amounts have ended.
10. All payments prior to the payment of the final invoice are considered advances. They therefore do not imply any acknowledgement of the correctness of the invoices to which they relate, nor of the outstanding balance of any claim at the time of payment.
11. Payment by FvdM does not imply recognition that the work performed and/or deliveries comply with the provisions of the agreement.
12. FvdM will notify Contractor in writing when it intends to submit its final statement to Client. Contractor will then submit its account of any amounts still due to it to FvdM within two weeks of receipt of this notice, under penalty of forfeiture of its claims.
13. The Contractor is always obliged to provide the personal or business security required by FvdM upon first request.
14. FvdM shall have the right to offset any damage suffered by FvdM as a result of the Contractor's failure to perform and any damage resulting from any termination of the Agreement, as well as the amount that FvdM is entitled to claim from the Contractor due to the obligation to repay arising from the termination, against any payments that FvdM may owe to the Contractor.
15. All obligations of FvdM to make payments on any grounds whatsoever shall be suspended until it has been determined which amounts as referred to in paragraph 14 FvdM is entitled to claim from the Contractor.
16. The Contractor waives any right of retention that it may assert against FvdM.
    
    

Article 12. Environment

1. The Contractor must clean up and, unless otherwise agreed, dispose of any material residues, packaging, packaging materials, as well as any contamination caused by the Contractor's work. Residual chemical materials such as paints, adhesives, solvents and all other environmentally unfriendly materials, including the associated packaging materials, must be collected by the Contractor itself and disposed of.

to be disposed of by the Contractor in accordance with legal requirements.

Article 13. Safety

1. Contractor undertakes to maintain the safety measures installed by him. Any unsafe situations found by Contractor in safety measures installed by FvdM must be remedied by Contractor and reported to FvdM immediately.
2. The Contractor undertakes to comply with the safety regulations specified by FvdM without restriction.
   
   

Article 14. Confidentiality

1. The Contractor shall not provide any information about the Agreement to third parties prior to, during or after the execution of the Agreement without the prior written consent of FvdM.
2. The Contractor, its personnel and/or third parties engaged by it are obliged to maintain strict confidentiality with regard to all information concerning FvdM that they may obtain in connection with the Agreement or the performance thereof.
3. The Contractor shall oblige in writing the third parties involved by him in the performance of the Agreement to observe the same confidentiality.
4. In the event of a breach of this article, but also in the event of a breach of article 7, the Contractor shall immediately, without further notice of default, owe an enforceable fine of € 10,000 per breach and € 500 per day that the breach continues, without prejudice to the right of FvdM to claim full damages.
   
   

Article 15. Intellectual Property

1. The Contractor guarantees that no infringement of intellectual property rights or other rights of third parties will occur during the performance of the Agreement.
2. The Contractor shall indemnify FvdM against claims arising from any infringement of the rights referred to in the previous paragraph and shall compensate FvdM for all damages resulting from any infringement.
3. Drawings, designs, specifications, manuals, specific software etc., as made available by FvdM or produced by Contractor on behalf of FvdM, shall remain the property of FvdM or become and may be used by FvdM at its own discretion. The aforementioned documents shall not be copied by Contractor without prior written permission.
4. If the Agreement concerns the development and/or modification of software, the Contractor shall, at the first request of FvdM, hand over to FvdM free of charge the object code, source code and all related documentation. This shall be made available in such a way that FvdM can make effective use of it without further effort.
   
   

Article 16. Prohibition of assignment, pledging

1. The Contractor is prohibited from assigning, pledging or transferring under any title whatsoever any claims arising from the Agreement with FvdM to a third party without the consent of FvdM, or from establishing any limited right thereto. This prohibition is a stipulation within the meaning of Article 3:83 paragraph 2 of the Dutch Civil Code. The prohibition has effect under property law.
   
   

Article 17. Dissolution

1. Without prejudice to the provisions of the other articles of these general terms and conditions, FvdM is entitled to terminate the Agreement, in whole or in part, with immediate effect without notice of default and/or judicial intervention:

a if a bankruptcy petition is filed against the Contractor, the Contractor itself files for bankruptcy, is declared bankrupt, has a suspension of payments

applies for a moratorium, is granted a suspension of payments, proceeds to liquidate (part of) his company, offers an agreement to his creditors or otherwise proves to be insolvent;

b if the Contractor invokes force majeure in the event of a failure to perform;

c if the Agreement between Client and FvdM is terminated or suspended;

d if control over the Contractor's company is transferred to another party, unless

The Contractor demonstrates that the performance of the Agreement will not be hindered or disadvantaged thereby.

2. if the Contractor, or its personnel or third parties engaged by it, act in violation of Article 2.
3. Termination shall not affect any warranty obligations. In the event of termination as referred to in paragraph 1 under a, FvdM shall be entitled to an amount equal to at least 5% of the total price or contract sum as compensation for the circumstance that the Contractor will no longer be able to meet its warranty obligations.
4. In the event of dissolution as referred to in paragraph 1, FvdM shall never be liable for any form of compensation whatsoever. The Contractor shall be obliged to indemnify FvdM against claims from third parties arising as a result of the dissolution.
5. In the event of termination, FvdM shall have the following rights, without prejudice to its rights under the law, with regard to the goods not delivered and/or work not performed, as well as for that part of the Agreement that has already been performed but of which effective use can no longer be made as a result of the termination of the Agreement:

– the right to return to the Contractor at the Contractor's expense and risk the goods that have already been delivered and the right to reimbursement of payments that FvdM has made for this;

– the right to reimbursement by the Contractor of the additional costs that FvdM must incur for (re)purchase of items not yet delivered or a reasonable replacement of items that have not been received and/or retained by FvdM;

– the right to have the work yet to be carried out under the Agreement carried out by third parties on behalf of the Contractor.

5. All claims that FvdM may have or obtain against the Contractor under this article shall be immediately and fully due and payable.
6. If, in the opinion of FvdM, there is reasonable cause to fear that the Contractor will not properly or timely fulfil its obligations towards FvdM, the Contractor is obliged, at the first request of FvdM, to immediately provide sufficient security for full fulfilment of all its obligations in the form desired by FvdM.
7. Without prejudice to the provisions of the previous paragraphs, FvdM is at all times entitled to terminate the Agreement in whole or in part. In such a case, FvdM will only reimburse the Contractor for the costs incurred prior to the termination, supplemented by an amount for overhead and profit to be determined by FvdM.
   
   

Article 18. Liability and indemnity

1. Contractor is liable for all damage of any nature whatsoever that has arisen in the execution of the assignment. Contractor is obliged to compensate all damage suffered by FvdM, or at least its client or third parties. Contractor will indemnify FvdM against claims from third parties and will, if necessary, compensate FvdM.
2. The Contractor is liable for administrative fines and/or other punitive measures imposed by the government on FvdM, its client and/or third parties as a result of an act and/or omission by the Contractor.
   
   

Article 19. Disputes, applicable law

1. All disputes, including those that are considered as such by only one of the parties, that may arise as a result of the Agreement between FvdM and the Contractor, will be submitted to the civil court in 's-Hertogenbosch (East Brabant District Court).
2. Notwithstanding the provisions of paragraph 1, FvdM is always authorised to have a dispute settled by the body as determined in the Agreement between the Client and FvdM.
3. The Agreement is governed by Dutch law. The application of the Vienna

Sales Convention is expressly excluded.

SUPPLEMENTAL PART B:
DELIVERY OF GOODS

Article 20. Deliveries

1. At the request of FvdM, the Contractor shall postpone delivery for a reasonable period to be determined by FvdM. The postponement of delivery shall not affect the obligation to comply as stipulated in the Agreement.
2. The Contractor is only authorised to make partial deliveries, provided that these have been agreed with FvdM.
3. Each delivery must be accompanied by a packing list and a consignment note stating the Agreement number.
4. If FvdM is unable to take delivery of the goods, the Contractor will take measures to store or have the goods stored at the Contractor's expense and risk until delivery can take place.
5. At the latest upon the first delivery, the Contractor must hand over all relevant documentation regarding the items to be delivered to FvdM.
6. If a penalty has been imposed for late delivery, payment of this penalty will not affect FvdM's other rights, including the right to demand performance and the right to compensation.
   
   

Article 21. Changes to items to be delivered

1. Contractor is obliged to inform FvdM in advance of any change in the composition or properties of the items to be delivered by Contractor. If Contractor fails to do so, Contractor is liable for all damage that may arise for FvdM as a result of such a change.
   
   

Article 22. Ownership

1. Ownership of the goods to be delivered is transferred upon delivery, provided that the goods have been received by FvdM.

approved and comply with the Agreement.

2. Ownership is complete and without reservation of title.
3. FvdM is authorized to request that the transfer of ownership of items to be delivered will take place at an earlier time than agreed. The Contractor will then mark the items as recognizable property of FvdM. However, the aforementioned items remain in the possession of the Contractor at the expense and risk.
   
   

SUPPLEMENTARY SECTION C: CONTRACTING WORKS

Article 23. General obligation of the contractor

1. FvdM is authorized to request its Client or its authorized representative in writing to give its orders and instructions directly to the Contractor. In such a case, the Contractor is obliged to follow the given orders and instructions of the Client, provided that the Contractor has been provided with a copy of the request from FvdM. Instructions from the Client to FvdM are also binding on the Contractor.

Article 24. Planning, delivery

1. The execution of the work of the Contractor must be fully aligned with the planning of FvdM in such a way that other work does not stagnate. In case of acceleration or delay, the Contractor will adapt to the changed planning/progress.
2. During the performance of the Contractor's work, a managerial officer must always be present at the work site who is authorised to represent the Contractor in all matters concerning the performance of the work. This officer must report to the performance at the work site at the start or end of each work.
3. All agreed delivery terms are considered a fatal term. Should the work not be delivered on time by the Contractor, the latter will forfeit an immediately due fine of €500 per day, payable to FvdM, without prejudice to the right of FvdM to claim full compensation.
4. The work is considered to have been delivered when the Contractor has communicated that the work is ready for delivery and FvdM has accepted the work. On the occasion of delivery, a delivery report to be signed by both parties will be drawn up. A shortcoming noted by the client that is not acknowledged by the contractor will be stated as such in the delivery report.
5. If FvdM rejects the work, it must do so in writing or electronically, stating the defects that are the reason for rejection. Minor defects that can be conveniently repaired during the maintenance period may not be a reason for rejection, provided that they do not prevent possible commissioning.
6. If the parties determine that, given the nature or extent of the shortcomings, delivery cannot reasonably be said to have taken place, FvdM will, after consultation with the client, specify a new date on which the work will be ready for delivery.
7. Deficiencies acknowledged by the contractor will be remedied as soon as possible.
   
   

Article 25. Warranty for a part

1. Contractor guarantees the components of the work, as described in the Agreement, from the completion of the component until the delivery of the work and subsequently for the agreed period. The guarantee period will be extended by a period equal to the period during which the components have not been used or not been used in full as a result of a failure to comply with the agreement. New guarantee periods equal to those mentioned above will apply to the components that have been provided as replacements, repaired or restored.
   
   

Article 26. Unforeseen / cost-increasing circumstances

1. The Contractor is only entitled to reimbursement of additional costs in accordance with Article 7:753 of the Dutch Civil Code if and to the extent that these claims are honored by the Client and not before FvdM has received the reimbursement from the Client.
   
   

Article 27. Invoicing

1. The Contractor must in any case include the following on the dated and numbered invoice:

to state data clearly and concisely:

– name and address of FvdM;

– the order number, job number and code number;

– the VAT identification number;

– the statutory name of the Contractor

– the name of the work and the place of execution to which the invoice relates;

– the period and the services provided to which the invoice relates;

– total contract price or purchase price, amounts already submitted and term number;

– a statement as to whether or not the reverse charge mechanism with regard to VAT applies

applies and if not, the amount of sales tax;

– bank account numbers;

– G account number;

– the amount already invoiced including the amount of the current invoice;

– the amount still to be invoiced;

– in the event of subcontracting and/or hiring of workers within the meaning of the Chain Liability Act, the size of the wage cost component (gross wages) included in the invoiced amount based on previously agreed arrangements regarding the wage sum and payment obligations.

Article 28. Chain liability

1. The Contractor has the following obligations:
2. Possession of and provision of copies to FvdM of:

– proof of registration in the trade register, which is not older than three months;

– an original G account agreement, if required, stating the institution where it is held;

– a statement stating the sales tax number and payroll tax number.

1. To submit weekly statements containing the names and BSN numbers of all employees who have been employed by the Contractor from week to week, including their working hours, in accordance with model forms established by FvdM.
2. Provide payroll statements and/or man-hours accountability at the request of FvdM.
3. To provide access to payroll and employee administration at the request of FvdM.
4. The Contractor must provide FvdM with a statement of payment behaviour from the Tax Authorities at least once per quarter.
5. Immediately report to FvdM in writing any changes in the employee file relating to the work in question.
6. The Contractor undertakes towards FvdM to strictly comply with its statutory obligation to pay social security contributions and payroll tax for the benefit of employees deployed by the Contractor and furthermore to strictly comply with the collective labour agreement where applicable.
7. FvdM always has the right to pay the social security premiums and payroll tax due in connection with the work, for which it is jointly and severally liable under the Chain Liability Act, to the Contractor by depositing them into the Contractor's blocked account within the meaning of the Chain Liability Act.
8. Without prejudice to the foregoing, FvdM is at all times entitled to withhold the aforementioned amounts for social security contributions and payroll tax from the order amount and to pay them directly to the Tax Authorities on behalf of the Contractor.
9. In all cases referred to in the two preceding paragraphs, FvdM shall be discharged from its obligations towards the Contractor by this payment insofar as these amounts are concerned.
10. If FvdM has reasonable grounds to suspect that the Contractor is not meeting its statutory obligation to pay social security contributions and payroll tax, FvdM has the right to suspend payments to the Contractor until it has been determined whether and for what amount FvdM will be held liable by the Tax Authorities.
11. If FvdM, after being held liable for taxes and premiums owed but not paid by the Contractor or subsequent subcontractors, has had to pay these taxes and premiums, FvdM has a right of recovery from the Contractor up to the amount of the entire amount paid by it. FvdM's claim will be increased by the statutory interest.
12. If FvdM fails to fulfil its obligations under the applicable collective labour agreement towards (hired)

If the Contractor fails to comply with the obligations imposed by the Contractor on its employees, FvdM shall have recourse against the Contractor for the amount paid by FvdM in this regard, plus statutory interest.

9. The Contractor indemnifies FvdM against any claim by the Tax Authorities against FvdM on the grounds of chain liability.
   
   

Article 29. Personnel

1. Unless with prior written permission from FvdM, Contractor will only use its own personnel. Contractor is under a duty to inform FvdM if it wishes to use personnel that are placed in a payroll structure.
2. In the event of misconduct or unsuitability, FvdM is entitled to dismiss personnel from the Contractor

to remove from the construction site and to require that the aforementioned personnel be replaced.

3. The working and rest times on the construction site and general or locally recognised work

Public holidays as well as vacation or other days off on which, by virtue of government regulations or a collective labor agreement to which FvdM is bound, no work is done, also apply to the Contractor and its personnel involved in the work carried out for FvdM on the construction site or at the location of the work.

FvdM is not liable for any damage that may arise for the Contractor in this regard.

4. Overtime is only permitted if prior permission has been granted by the labour inspectorate or another competent authority and the Client.
5. When carrying out the work by third parties or by hiring personnel as referred to in this paragraph, the Contractor is obliged to strictly comply with the administrative regulations pursuant to Article 34 paragraph 6 of the Collection Act or Article 35 paragraph 5 of the Collection Act or any similar regulation.
6. The Contractor must inform its personnel of obligations in accordance with the provisions of the Identification Obligation Act so that they can identify themselves immediately during checks. FvdM has the right to check this. If the required identity documents and/or work permits are missing, FvdM has the right to deny the relevant personnel of the Contractor access to the work. Any damage suffered by FvdM as a result is at the expense and risk of the Contractor.
7. Contractor shall submit to FvdM documents, including identity documents, copies of which are required under laws and regulations. FvdM is authorised to register the BSN number of Contractor's personnel for control purposes.
8. If, on the basis of the Agreement, personnel are deployed who do not have Dutch nationality, the Contractor shall provide FvdM with information about the social security position of the persons concerned. If the employee has remained socially insured in his/her country of residence, the Contractor shall provide FvdM with a copy of a valid A1/E101 declaration as proof that the employee is required to have social security abroad.
9. If, on the basis of the Agreement, employees are deployed outside the EU, or from countries that joined the EU on 1 May 2004, the Contractor shall provide FvdM with a copy of a valid work permit and a copy of a valid residence permit, to the extent required by the Aliens Act.
10. If, on the basis of the Agreement and on the basis of the information provided by the Contractor, it appears that this Contractor and/or third parties engaged by him qualify as self-employed, the Contractor shall provide FvdM with a valid document showing that the Contractor is self-employed.
11. The Contractor must keep the administration as prescribed in accordance with laws and regulations, and must immediately submit a copy of the proof of registration in the trade register to FvdM when an assignment is awarded by FvdM. If the Contractor is a Self-Employed Person Without Personnel (ZZP'er), a copy of the identity document (other than a driver's license) and the Citizen Service Number must also be submitted to FvdM. At the latest from the date of entry into force of the Deregulation Assessment of Employment Relations Act, the Contractor must act in accordance with the hiring agreement as amended to the DBA Act. Until the date of entry into force of the DBA Act, a copy of a valid 'Declaration of Employment Relationship Profit from Business' (VAR-wuo) or 'Declaration of Employment Relationship Director-Majority Shareholder' (VAR-dga) issued by the Tax Authorities for the relevant work will suffice.
12. The Contractor shall indemnify FvdM against all claims from third parties as a result of the Contractor's failure to comply with the provisions of this article.
    
    

Article 30. Ownership

1. In the event of acceptance of work, ownership, but not risk, is transferred to FvdM upon delivery of material to the work. The risk remains with the Contractor until the moment of delivery of the entire work or a part of the work of which the Contractor's material forms part.
   
   

Article 31. Tools and equipment

1. Unless otherwise stated in the Agreement, the Contractor shall provide all tools and other equipment necessary for the performance of its work, which shall be inspected annually by the Contractor.
2. FvdM is not obliged to guard tools, equipment or other property of Contractor. FvdM is not liable for loss or damage.
3. The vertical and horizontal transport necessary for the execution of the work will be carried out by the Contractor at its own expense and risk, unless otherwise stated in the Agreement.
4. The Contractor is obliged to properly use and maintain the equipment made available by FvdM. As long as the Contractor has such equipment in its possession for the performance of the work, the Contractor bears the risk of damage or loss, regardless of the cause. After the performance of the work, all FvdM equipment that the Contractor has in its possession must be made available to FvdM without delay.
5. For the delivery of the Contractor's equipment to the work site, a receipt will be drawn up on a case-by-case basis by the Contractor, a duplicate of which must be given to the main contractor on the work site.
6. Equipment to be used by the Contractor must be insured in accordance with the Motor Vehicle Liability Insurance Act.
   
   

Article 32. Right to intervene in the performance of the Agreement

1. If the work proceeds in such a way that the period of time specified in the Agreement for the completion of the work or parts of the work can reasonably be expected to be exceeded, or if the Contractor does not perform the work in accordance with the provisions of the Agreement or in accordance with the requirements of good

If FvdM carries out or has carried out workmanship, it will notify the Contractor thereof in writing.

2. If the Contractor does not take such measures within 48 hours after receipt of the notification referred to in the previous paragraph, notifying FvdM thereof, that the backlog in time will be made up within a short period of time and/or that the aforementioned requirements and provisions will be met, the Contractor will be deemed to be in default.
3. If the Contractor is in default within the meaning of the preceding paragraphs, FvdM shall have the right, without any further notice of default being required, to intervene in the work in order to accelerate or improve the work, either by deploying its own personnel or by third parties commissioned by FvdM. FvdM shall notify the Contractor of the intervention. The Contractor shall then provide FvdM and third parties involved in the work by FvdM with all desired cooperation, including the right to use materials, tools, equipment and the like of the Contractor if necessary.
4. The costs of the intervention will be borne by the Contractor and will be immediately due. FvdM does not lose the right to compensation as a result of the intervention.
5. The Contractor shall not be entitled to any compensation or loss of profit as a result of the intervention.