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General Terms & Conditions
- These General Terms & Conditions apply to all contracts signed by Solar Insurance & Finance BV in association with insurance, financial brokerage and consultancy business activities. The Terms & Conditions do not apply to contracts made between Solar Insurance & Finance BV and individuals not acting in a professional or business capacity.
- Solar Insurance & Finance BV shall be liable to the contracting party for non-performance of the contract if, in performing the contract, it acts in a way that an insurance broker with a reasonably expected degree of knowledge and care should, and must, have avoided.
- Where the contracting party is able to demonstrate that it has sustained loss as a result of an error made by Solar Insurance & Finance BV, its managers or employees in relation to an insurance policy, Solar Insurance & Finance BV's liability for damages shall be limited to a sum equal to five times the annual premium that has been, or should have been, calculated for the insurance policy in question, subject to a maximum of EUR 50,000.00. Where the damages do not relate to an insurance policy, Solar Insurance & Finance BV's liability shall be limited to a sum equal to five times the financial payment for which it is, or should have been, liable for its efforts, subject to a maximum of EUR 50,000.00.
- Solar Insurance & Finance BV shall not be liable for damages incurred in relation to the provision of inaccurate or insufficient information by, or on behalf of, the contracting party.
- If, in the course of its activities, Solar Insurance & Finance BV makes an error that should normally be detected the contracting party, the latter should bring this to the attention of Solar Insurance & Finance BV as soon as the error is, or should have been, detected. In the event of the contracting party failing to notify Solar Insurance & Finance BV of the error, the latter shall not be held liable for any damages incurred.
- Where third parties are engaged in the performance of the contract, Solar Insurance & Finance BV shall not be held liable for any errors made by them, except where the contracting party can demonstrate that Solar Insurance & Finance BV was negligent in its choice of such third parties.
- This excludes liability for damages caused by a shortcoming in computer software used, unless and insofar as the supplier of such computer software has accepted liability to Solar Insurance & Finance BV and compensated them for damages.
- All agreements for compensation of damages shall expire after a period of one year from the moment at which the error established as causing the claim was, or should have been, detected.
- Dutch law shall apply to all claims. Any disputes arising between Solar Insurance & Finance BV and the contracting party shall be heard exclusively before a Dutch magistrate, being brought before the Court of Law in Arnhem.
- Solar Insurance & Finance BV shall cooperate in mediation where the contracting party indicates a desire for the dispute to be referred to mediation. Parties shall endeavour to agree on a mediator. Where agreement cannot be reached on the mediator, this shall be determined by the N.M.I. in Rotterdam.