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In these conditions the following shall apply:
Landlord: Bridges2000 B.V. makes rented objects available and/or grants services in connection therewith.
Tenant: the other party to Landlord.
Rented object: the object the Tenant leases from the Landlord.
Rental agreement: the agreement between Landlord and Tenant with regard to the lease/rental of a leased object.
P.O. (Purchase Order): are considered solely as an acceptance of an agreement with regard to lease/rental or purchase or sale of an object.
Details: forming part of the quotation and/or special offer catalogues, designs, images and drawings, models, samples, descriptions, software, technical information and the like.
Purchase contract: a written agreement in case of a direct sale.
Distance selling: the agreement as intended in Article 7:46a of the Dutch Civil Code whereby up to closing the agreement exclusive use is made of one or more means of communication at distance (telephone, fax, internet).
Quotation: non-binding written offer of Bridges 2000 B.V. to a potential other party.
Order: the written or oral assignment or order given by another party to Bridges2000 B.V.
Additional costs: additional costs incurred for preparation, transport, assembly and delivery.
Order amount: the total amount that is due based on the agreement by other party to Bridges2000 B.V.
Order confirmation: written acceptance of the order by Bridges2000 B.V.
Agreement(s): the purchase agreement(s) entered into between Bridges2000 B.V. and other party by means of an order confirmation or purchase contract, to which the conditions of sale apply.
Conditions of sale: these general conditions of sale and delivery of Bridges2000 B.V.
These conditions apply to each agreement of Bridges2000 B.V., established in Zevenbergen.
Should a provision below specifically refer to a situation where the tenant is a natural person not acting in the exercise of a profession or company these will be specified as “the consumer”.
Other conditions are only part of the agreement concluded between parties if and to the extent that both parties have expressly agreed to this in writing. The object specified in the agreement that is made available to the tenant by the Landlord under this agreement will hereinafter be referred to “the leased object”. In these General Terms and Conditions the term “in writing” shall also mean: by email, by fax or any other means of communication that in view of the level of technology and the generally accepted views can be regarded as equivalent. The acceptance of a quotation or order confirmation by the tenant without comment and retention, which these conditions refer to, shall be deemed as acceptance of its application. The possible inapplicability of a (part of a) provision of these conditions shall not affect the validity of the remaining provisions.
The applicability of any General Terms and Conditions which may be referred to by the tenant in any way is hereby expressly rejected.
Coming into effect
Binding agreements shall take effect only by the written confirmation of the assignment by the landlord, or the signing of the rental agreement by the tenant and landlord or the submission of a PO. A binding agreement can also be achieved if the Landlord has implemented, for example by delivery, an assignment to lease.
A rental agreement will be concluded against a rental price as reported on the rental agreement. For some goods the rental periods are days and for other goods, such as gangways and bridges, they are weekly instalments, even if it concerns a part of a week.
Additional costs incurred by landlord for the tenant at the inception of a lease are repeatedly verbally agreed, such as the increase of the previously agreed rental price, or the preparation, transport, assembly and/or delivery costs.
At the start of the rental period Landlord is entitled to demand payment of a security deposit. The security deposit is determined in proportion to the agreed rental period. If an extension of the rental agreement has been agreed, the tenant has to pay a new security deposit no later than the day of the extension. If the tenant fails to pay the security deposit in a timely manner, landlord can unilaterally terminate the rental agreement, without prejudice to the right of landlord to compensation. The security deposit may not be considered by the tenant as a prepayment on the owed rent. At the end of the rental agreement landlord can compensate amounts payable by the tenant – including still unpaid rental payments and/or compensation or costs, that landlord has to incur to bring the leased property into the condition in which the tenant has received it – with the security deposit. The security deposit is refunded if it is established that the tenant has fulfilled all its obligations.
The leased property is delivered at a time agreed with the tenant. The tenant must ensure that at the agreed time a competent person is present at the agreed delivery address to take delivery of the leased property. This person must identify himself upon request.
If at the agreed time no one is present on behalf of the tenant, landlord has the right to take the leased property back. The costs incurred in connection therewith, including loss of rent and transport costs, will be borne by the tenant. It is not possible for the tenant to file for compensation to the landlord if he has missed the delivery of the leased property through his own actions.
Upon delivery at a specified address, the landlord must make an effort to deliver the leased property within the agreed delivery period. Specified deadlines may never be regarded as fatal deadlines.
If, at the request of the tenant, when loading (and/or unloading) the services of employees of landlord are used, this is entirely at the risk of the tenant.
From the time of delivery the leased property and use of the leased property is at the expense and risk of the tenant.
Control on the leased property
Tenant has the right to check and/or have checked or investigated the leased property himself, prior to or at or during the actual delivery. If the tenant fails to do so or takes delivery of the leased property after conducting the control or the investigation without comments, the leased property is deemed to be delivered in conformity, meaning in a good and undamaged condition.
The tenant will take care of the leased property as a good tenant, properly secure the leased property, if desired by landlord insure the leased property and use the leased property in accordance with the conditions of use. The tenant is not allowed to sublet the leased property or to grant use of the leased property or otherwise make the leased property available to a third party.
The tenant is not allowed to alter or repair the leased property in whole or in part without consultation or have the leased property used by unqualified personnel.
The tenant is also not allowed to take over from the leased property the rights in connection to the design or the copyright that apply to the leased property.
Return after lease term
After expiry of the rental period the tenant must prepare the leased property for return. For this an agreement is made with the landlord.
The rental agreement shall remain in force until the date of actual receipt of the leased property by landlord, regardless of the further right of the landlord to compensation and/or retrieval of the leased property.
The tenant must ensure that on the collection day an authorised person is present to deliver the leased property to landlord. This person must be able to identify himself upon request. In the event of failure or untimely or improper fulfilment of this obligation, the resulting costs and damages, for example as a result of loss, will be borne by the tenant. Tenant remains responsible at all times for the leased property until the leased property has actually been received by landlord.
Up to the time that landlord has taken delivery of the leased property the tenant is liable for all damage to the leased property, including damage through loss, embezzlement, theft, alienation and total loss.
The tenant is also liable for repair and cleaning costs incurred by landlord if the leased property is returned to the landlord in a poor condition/damaged without prejudice to the right of the landlord to claim the loss of rent.
Damage, loss, embezzlement, theft and total loss of the leased property has to be immediately communicated to the landlord after discovery.
The tenant is also liable for all damage caused by using the leased property.
Tenant shall fully indemnify landlord against third party claims to compensation related to the use the leased property.
Tenant must take out an insurance that covers the aforementioned risks, including damage resulting from loss, theft and destruction of the leased property. The tenant is obliged at all times to provide the proof of insurance at the request of the landlord.
If the damage, repair and cleaning costs are less than € 5,000, surveying shall be done by landlord. For this an amount of € 375 will be charged.
If the repair, cleaning costs and damage are more than € 5,000, surveying shall be done at the expense of the tenant by an external party to be appointed by the landlord. The tenant has the right to conduct his own counter survey, but must inform the landlord accordingly in writing within 8 days after being informed of this. After expiry of the period of 8 days the survey and restoration, repair, or cleaning of the leased property is conducted by the landlord.
The survey costs made by landlord to establish the damage to the leased property will be borne by the tenant.
In case of loss, alienation, destruction, theft, embezzlement or encumbrance of the leased property, the replacement value of the leased property has to be reimbursed. Without prejudice to the further right of the landlord to claim compliance, compensation or suspension.
In case of loss, alienation, damage, destruction, theft, embezzlement or total loss of the leased property the tenant is nevertheless held to the rental periods under the rental agreement that are due as if the leased property was suffering loss, alienated, damaged, destroyed, stolen, embezzled or experienced total loss.
Unless agreed otherwise, payment must be made within 14 days after invoice date without any discount. This applies to what is specified in the order and for the additional costs incurred. Landlord is entitled to charge a late payment surcharge and/or demand advance payment or other guarantees. The payment period is a final deadline.
If the tenant does not pay within the period specified in Paragraph 1, legal default commences and the tenant owes a default interest of 1.5% of the invoice amount to the landlord for each month that the tenant is in default of payment. For the calculation of the interest a part of the month applies as a whole month.
The payments made by the tenant shall first be used to pay all interest and costs due and then for the outstanding invoices due.
The complaints/reclamations relating to any failure in the performance of the contractual obligation of the landlord shall be dealt with only if this is communicated to the landlord by the tenant by means of a written notice within 8 days of their discovery by tenant or its subordinates. Failure to meet this deadline will invalidate the right to file complaints/reclamations.
Without prejudice to the above, the tenant owes to the landlord all costs incurred by landlord to collect the amounts owed to landlord and to assert his rights. This relates to both the judicial as well as the extrajudicial collection fees, without prejudice to the competence of landlord to moreover request compensation of damages, costs and interest arising for landlord from failure to fulfil, untimely or improper fulfilment or termination of this agreement.
These judicial and extrajudicial collection fees also include the debt collection, agency and processing fees of attorneys, bailiffs and surveyors. The extrajudicial collection fees are deemed to be set by parties at 15% of the amount due, while these extrajudicial collection fees will in all cases at least amount to € 175.00.
Tenant declares that he is aware that landlord has authorised De Keizersgracht Juristen to act on behalf of landlord in all correspondence relating to this rental agreement and to take all suitable collection measures in this context.
If the landlord has agreed a discount with the tenant on the rental amount, this discount is only deductible from a timely paid invoice. If the tenant fails to fulfil one or more of his contractual obligations in a timely manner, the agreed discount expires and the original invoice amount is immediately payable without prior notification.
If the tenant fails to fulfil one or more of his contractual obligations in a timely manner, if the tenant files for his/her bankruptcy or (provisionally) applies for a moratorium, if tenant is declared bankrupt, if tenant transfers his/her company in whole or in part, liquidates or ceases business operations and/or if the assets of the tenant have been seized in whole or in part, the tenant is in default and the landlord has the authority to consider the agreement as terminated in whole or in part without any notice of default or judicial intervention being required, regardless of his further right to claim compliance, compensation and suspension.
Notwithstanding the provisions in the preceding paragraph, landlord and tenant are entitled to consider the rental agreement as terminated in whole or in part without legal intervention, regardless of any further right to compensation if the other party, after proper notice of default, fails to fulfil his obligations in respect of the rental agreement.
If a party makes use of the right referred to in the preceding paragraphs, the other party is informed of the full or partial termination of rental agreement.
In cases as referred to in Paragraph 1 and 2, at any time, without any notice of default or prior notice, landlord is entitled to retrieve the leased property from the tenant. The tenant is obliged to cooperate in advance if desired by landlord.
Furthermore, in cases as referred to in Paragraph 1 and 2 the landlord is never liable for any damages suffered either by the tenant or by third parties associated with the retrieval of the leased property or the discontinuation of the rental agreement. The costs of transport, travel expenses, costs for accommodation, nutrition etc. incurred by the landlord upon exercise of the aforementioned powers of retrieval, will be borne by the tenant.
During force majeure the deliveries and other obligations of the landlord are suspended. If the period in which due to force majeure performance of the obligations by landlord is not possible lasts longer than 3 months, parties are authorised to terminate the rental agreement without judicial intervention and without there being any obligation to pay compensation.
If the landlord upon commencement of the force majeure has already partially met his obligations towards the owner or can only partially fulfil his obligations, landlord is entitled to invoice the already delivered or deliverable part separately and the other party is bound to pay this invoice as if it concerned a separate contract.
Force majeure within the meaning of this Article in any case includes the inability to perform due to circumstances that were unforeseeable at the time of conclusion of the rental agreement and that fall outside the sphere of influence of landlord. This also includes non or late payment of suppliers of landlord, fire, high water levels, floods, other extreme weather conditions, strikes, road blockades and work stoppages.
Deviations and/or additions to the agreement and/or any provision of the conditions of sale are valid only if and to the extent that this has been expressly agreed in writing and relate only to the relevant agreement. If such a deviation or addition is by Bridges2000 B.V. tolerated, this will not set a precedent and the other party may not derive any right to future (purchase) agreements.
The other party who is contracted under these (sales) conditions consents to the applicability of (sales) conditions of later agreements between him and Bridges2000 B.V.
Quotations and special offers
A quotation is valid for two weeks from the date thereof, after which it expires.
The data provided by Bridges2000 B.V. remains the property of Bridges2000 B.V. and may not be duplicated without the explicit written consent of Bridges2000 B.V. and/or disclosed to third parties, and must be returned immediately to Bridges2000 B.V. Bridges2000 B.V. also reserves all existing intellectual rights, copyright and the industrial property rights.
The data provided by Bridges2000 B.V. serves merely as an example, from which no rights can be derived. Statements of Bridges2000 B.V. with regard to colours, dimensions, performances, specifications etc. are only approximate and are non-binding. Graphics, descriptions, photos, catalogues, advertising material, special offers and information on the website(s) of Bridges2000 B.V., in any form, are not binding for Bridges2000 B.V.
All certificates, required tests and drawings can be viewed only on request.
Coming into effect of the agreement
A (purchase) agreement only comes into effect and after Bridges2000 B.V. has confirmed an order by means of an (electronic) order confirmation and/or a purchase contract is concluded, or because Bridges2000 B.V., after receiving an order, commences with the actual implementation thereof.
The order confirmation, or the purchase contract, is deemed to fully and correctly depict the contents of the closed (purchase) agreement.
A written order may be revoked or modified only in writing, and only if such revocation or request to change has reached Bridges2000 B.V. before the order confirmation is sent, or Bridges2000 B.V. started the actual implementation of the (purchase) agreement. In any case a written order is final if no revocation is sent within 5 weekdays from the date thereof.
Bridges2000 B.V. has the right to refuse an order without giving any reason.
Contents of the (purchase) agreement
The contents of the (purchase) agreement and the extent of the obligations are determined solely by the order confirmation/the purchase contract and the provisions of the conditions.
Any additional agreements, representations or communications drawn-up or made by employees of Bridges2000 B.V., or on behalf of Bridges2000 B.V. are drawn-up or made by other persons acting as representatives, bind Bridges2000 B.V. only if these agreements, representations or communications are confirmed in writing by directors with the authority to represent or by other authorised persons.
Bridges2000 B.V. accepts no liability for data provided by manufacturers and/or importers with regard to the accuracy or completeness thereof.
Small deviations from the (purchase) agreement by Bridges2000 B.V. are permissible, if and to the extent that the other party has made no written statement prior to the conclusion of the agreement for requirements essential to him and to the extent that the performance to be provided by Bridges2000 B.V. are not made substantially different by the deviations.
The prices stated on the website(s) of Bridges2000 B.V. are without obligation and subject to change.
The (purchase) price and additional costs for shipping, turnover tax and any other costs or surcharges owed by the other party are clearly stated in the order confirmation or the purchase contract and the invoice.
Delivery and risk
The delivery period specified by Bridges2000 B.V. shall commence at the latest on the following dates:
a. The day of conclusion of the (purchase) agreement;
b. The day of receipt by Bridges2000 B.V. of the document details, permits, etc.; required for the implementation of the (purchase) agreement,
c. The day that Bridges2000 B.V. receives the order amount or an advance thereof, if it is agreed that the other party pays this prior to delivery and if it has been agreed that in that case the delivery period depends on the receipt by Bridges2000 B.V. of the order amount or the advance.
Although the specified delivery period will be taken into account as much as possible by Bridges2000 B.V., these are only approximations and do not bind Bridges2000 B.V. Unless agreed otherwise in writing, the specified delivery period will never be regarded as a deadline.
When exceeding the delivery period the other party is however entitled to set a deadline for Bridges2000 B.V. by registered post, provided this final deadline, taking all circumstances into account, is reasonable and in any case not less than 45 days.
Only when exceeding the deadline (pursuant to Article 16.2 agreed or pursuant to Article 16.3 set) is the other party entitled to terminate the agreement on these grounds.
Bridges2000 B.V. is authorised to make partial deliveries, or to wait with delivery until the entire order is ready. In these cases, the other party will be consulted. In case of partial delivery Bridges2000 B.V. is authorised to immediately invoice the already delivered goods.
The goods are deemed to be delivered and the risk of this is transferred the other party:
a. upon delivery ex works of Bridges2000 B.V., at the moment of actually taking possession;
b. upon delivery to another location:
I. In the event of other party a: when the goods are unloaded at the agreed location.
II. In the event of other party b: when the goods are loaded at the company of Bridges2000 B.V.
If at the request of the other party b when loading (in the event of delivery under sub a) or unloading (in the event of delivery under sub b) the services of employees of Bridges2000 B.V. are used, this will be entirely at the risk of other party b.
The other party is obliged to accept the goods at the agreed time. Costs that arise from refusal to accept delivery, or untimely acceptance, costs of storage included, will be borne by the other party.
In the event of delivery as intended in Article 16.6 sub b, Bridges2000 B.V. will transport (have transported) the goods to the agreed location at the expense of the other party. In the event of other party b this transport is also at the risk of the other party if the invoice value of the goods is more than € 100,000, unless otherwise agreed in writing, other party b is responsible for taking out transport insurance
If Bridges2000 B.V. transports the goods to an address outside of its company, the carrier will be able to deliver on all weekdays between 07.00 and 18.00 hrs, unless expressly agreed otherwise. In this case the other party will ensure taking delivery immediately, as soon as Bridges2000 B.V., or the carrier commissioned by Bridges2000 B.V., offers the goods at that address. If the other party does not immediately take delivery of the goods, Bridges2000 B.V. is authorised to store the goods without further notice or warning (elsewhere) at the expense and risk of the other party. The goods are then deemed to be delivered in good condition and in accordance with the agreement.
Due diligence / complaints
At the time of the purchase the other party shall inspect the goods for visual defects and sign the offered delivery note/transport document for satisfactory receipt. The other party shall state any defects on the relevant document. The goods are deemed to be delivered in good condition and in accordance with the agreement if and insofar as not stated otherwise on the aforementioned documents.
Complaints of other party that relate to visual defects of the goods and discovered during inspection at the period specified in Paragraph 1 or could reasonably have been discovered, have to be reported in writing to Bridges2000 B.V. by the other party within 2 weekdays after delivery, clearly specified and by registered letter.
Defects that are not discovered at the time of aforesaid inspection and also could not reasonably have been discovered, have to be reported to Bridges2000 B.V. by other party within 1 week after discovery of this, in the same way as stated in Paragraph 2.
Every right of action of the other party against Bridges2000 B.V., relating to defects in the goods delivered by Bridges2000 B.V., lapses if the defects are not reported to Bridges2000 B.V. within the period stipulated in Paragraph 2 and 3 and/or in the way specified.
Every right of action of the other party against Bridges2000 B.V., relating to defects in the goods delivered by Bridges2000 B.V., also lapses if:
a. The other party does not or insufficiently cooperates with Bridges2000 B.V. regarding an investigation into the merits of the complaints;
b. The other party has not properly prepared, treated, used, stored, or maintained the goods or if they have used or treated the goods in unsuitable conditions;
c. The other party has performed (or commissioned to perform) repair and/or change the goods without the prior written explicit consent of Bridges2000 B.V.;
d. The goods are used by the other party after discovery of the defects as intended in Paragraph 2.
e. The warranty period as intended in Article 19 has expired.
Defects and warranty
If within a period of 12 months after delivery defects are discovered in new goods sold and delivered by Bridges2000 B.V., the other party can require Bridges2000 B.V. to transfer or repair by either delivery of a replaced goods or parts. The latter while returning the deficient goods or parts.
The other party may only require replacement after Bridges2000 B.V. has been given the reasonable opportunity to repair the defects. Replacement cannot be demanded if the deviation is too small to justify replacement.
The other party may not invoke the warranty provision in the event of improper use of the goods such as abnormal, rough, injudicious or incorrect use, neglect or failure to follow instructions in the user manual.
The authority of other party to proceed to terminate the agreement on any grounds whatsoever is expressly excluded.
The provisions of this Article shall apply for agreements concluded with other party.
The liability of Bridges2000 B.V. is expressly limited to direct property damage and injury of other party which is the demonstrable result of a shortcoming of the goods of Bridges2000 B.V. or of its executive subordinates.
Furthermore, the liability of Bridges2000 B.V. is limited to the amount paid in such cases under the liability insurance taken out by Bridges2000 B.V. in this respect, plus the policy excess. The liability of Bridges2000 B.V. is in any case limited to a maximum of the order amount.
Bridges2000 B.V. is never obliged to pay compensation of company damage, consequential damage, loss of turnover and/or earnings, damage caused by delay and loss due to stoppage.
Other party indemnifies Bridges2000 B.V. against any third party claims or third party liability.
Bridges2000 B.V. is never liable for damages to goods resulting from safety defects.
Unless agreed otherwise in writing, the order amount is payable immediately at the conclusion the agreement. In the event of invoicing the order amount must be paid within 14 days after invoice date, unless agreed otherwise in writing, or otherwise stated on the invoice. In individual cases Bridges2000 B.V. may demand a bank guarantee or payment in advance.
All payments must be made to the branch address of Bridges2000 B.V. or to an account appointed by Bridges2000 B.V. In case of payment by bank transfer, the day of crediting the account of Bridges2000 B.V. applies as the day of payment.
If the other party fails to pay within the term specified, the party is in default without any notice of default being required. In this case the other party forfeits an interest of 1.5 % from the due date until the date of full payment, calculated on the unpaid amount. This interest is immediately payable, without further notice of default. All collection fees related to the debt collection of the invoiced amounts (including the extrajudicial collection fees) shall be borne by the other party. The extrajudicial collection fees are at least 15% of the principal sum, with a minimum of € 340.00. Both amounts exclude the applicable turnover tax.
If the other party fails to properly fulfil its obligations under the (purchase) agreement in a timely manner, to the extent possible, cumulative, Bridges2000 B.V. also has the right to: a. Suspend compliance of that agreement and/or related agreements, this expressly includes the obligation to issue of goods still to be delivered or in repair, until payment has been sufficiently secured; b. Full or partial (extrajudicial) termination of the agreement and related agreements, without Bridges2000 B.V. being obliged to pay compensation; c. compensation of the damage suffered by Bridges2000 B.V..
In the event of (temporary) moratorium, bankruptcy, shutdown, liquidation, debt restructuring, being taken under guardianship or receivership of the other party, all claims of Bridges2000 B.V. towards the other party will be immediately payable and Bridges2000 B.V. has the right, at its discretion, to suspend its contractual obligations or suspend or respectively terminate the agreement in whole or in part by means of a single notification, without a further notice of default or judicial intervention being required, all this without prejudice to the right of Bridges2000 B.V. to claim performance and/or all this without prejudice to the right of Bridges2000 B.V. to performance and/or compensation.
Bridges2000 B.V. is entitled to offset all of its claims towards the other party with one or more claims of the other party, which the other party would have towards Bridges2000 B.V. at any time.
Bridges2000 B.V. is not liable to pay any compensation to the other party, if due to force majeure Bridges2000 B.V. is not able to timely or properly fulfil its obligations.
Force majeure includes: any circumstance beyond the control of Bridges2000 B.V. which is of such nature that compliance with the agreement cannot reasonably be expected of Bridges2000 B.V. This expressly includes: strike, riot, war and other unrest, boycotts, blockades, natural disasters, epidemics, lack of resources, prevention and disruption of transportation facilities, extreme weather conditions, fire, machine failure, disruption of business of Bridges2000 B.V., problems with suppliers and/or measures of an administrative authority.
Retention and security
The delivered goods remain the property of Bridges2000 B.V. until the other party has completely fulfilled all their obligations towards Bridges2000 B.V. This shall also include the order amount, possible surcharges payable under the (sales) conditions or the agreement, interest, taxes and costs. Bridges2000 B.V. has the right to demand security from the other party with respect to the compliance of his obligations, if Bridges2000 B.V. deems necessary.
Before the property is transferred to the other party, the other party is not entitled to alienate, sublet or grant use of the goods to third parties, to pledge or otherwise to encumber themselves towards third parties.
If and as long as Bridges2000 B.V. is the owner of the goods, the other party will immediately inform Bridges2000 B.V in writing if the goods are seized or (any part of) the goods are otherwise claimed. If the other party is aware of a possible (impending) seizure of other goods (possible goods of third parties), the other party must immediately inform Bridges2000 B.V. of this. Moreover, the other party upon first request will inform Bridges2000 B.V. where the goods in question are located.
In the event of seizure of (part of) the goods, (temporary) moratorium or bankruptcy of the other party, the other party will immediately inform the seizing bailiff, administrator or curator, of the (property) rights of Bridges2000 B.V.
In each of the above cases all claims of Bridges2000 B.V. towards the other party are immediately and entirely payable, and the other party is obliged to immediate return any unpaid goods and Bridges2000 B.V. has the right to access and enter the sites and buildings of the other party in order to take possession of the goods concerned. All costs involved and damage suffered or to be suffered by Bridges2000 B.V. as a result will be borne by the other party.
All orders and agreements to which these conditions apply, and this applies without explicit written confirmation of change to all agreements and P.O.s between Bridges2000 B.V. and the other party, are subject to Dutch law.