Workwize B.V.

 

 

1. Definitions

   In these General Terms and Conditions, the following words in bold shall have the meanings as shown below:

1. Applicability

   1. These General Terms and Conditions apply to all Offers, legal relationships and all sort of agreements whereby Workwize rents, leases, sells and delivers Products, and/or Additional Services to Client directly, or through third parties.

   2. The General Terms and Conditions may be changed unilaterally by Workwize. If the General Terms and Conditions are changed, this will be communicated to the Client. The most recent and applicable version of the General Terms and Conditions can always be consulted on the Workwize website.

   3. Applicability of any purchase or other terms and conditions of Client is hereby expressly rejected.

   4. In the event of discrepancies between the Lease Agreement, Rent Agreement, Purchase Agreement or Service Agreement of the one part and the General Terms and Conditions of the other, the Lease Agreement, Rent Agreement, Purchase Agreement or Service Agreement will prevail.

   5. These General Terms and Conditions have a modular structure. In principle, all articles apply to all agreements entered into between Workwize and the Client, except where explicitly is indicated that these solely apply to the relevant Rent Agreement, Purchase Agreement, Lease Agreement or Service Agreement.

   6. Articles 8, 9 and 10 are applicable to a Purchase Agreement.

   7. Articles 11, 12, 13 and 14 are applicable to a Lease Agreement and/or Rent Agreement.

   8. Articles 16 and 18 are applicable to a Service Agreement.

   9. Client is responsible for the actions of End-user and consequently for any damages caused by End-user.

   10. Client is obliged to provide the required information of End-user to Workwize to fulfil the Agreement(s).

   11. Client is obliged to provide access to the location of the Products and and Client shall instruct End-user to cooperate in the event of requests of Workwize.

2. Conclusion of agreement

1. 1. All Offers and other expressions of Workwize are subject to contract and therefore without obligation, unless explicitly stated otherwise in writing. Workwize is never obliged to accept and/or execute Orders. Workwize must confirm all Orders with a PO.

   2. The information referred to in the digital catalogues, illustrations, drawings and standardization sheets, etc. is indicative and non-binding, unless this information has been explicitly laid down in a Rent Agreement, Purchase Agreement, Lease Agreement or Service Agreement, notwithstanding the responsibility of the Client for the information provided by it. Parties hereby agree that in the event non-substantial differences occur in dimensions or changes in the construction, construction parts or materials, or a different brand with similar specifications, these are considered to be permitted. Therefore, Workwize has the right to replace an ordered Product with a similar product if necessary.

   3. Workwize has the right to remove Products from the catalogue or to replace a Product for a similar product in the platform at any given time for reasons such as, but not limited to, a product being end-of-life or Supplier related changes. Workwize strives to inform the Client of material changes as soon as possible.

   4. All Offers from Workwize will be maintained for one calendar month unless an Offer or expression explicitly states otherwise.

   5. An agreement between Workwize and Client shall be established at the time Workwize accepts Client's Order.

   6. Workwize has the right to enlist the assistance of third parties in the execution of a Service Agreement, Purchase Agreement, Rent Agreement and Lease Agreement or Additional Services.

2.  
3. 3. Price
   

   1. The applicable prices and discounts shall be the prices and discounts stated at the Workwize platform (digital catalogue) at the time of purchase, lease or rent of the Products, or Additional Services and confirmed in the PO, unless Workwize and Client have agreed otherwise in writing.

   2. The prices quoted by Workwize are for delivery Ex Works. Prices are exclusive of turnover tax (VAT) and inclusive of excise duties, import duties, packaging costs and other levies imposed by the government or authorities, unless otherwise explicitly agreed in writing.

   3. The Products or shall be transported at the expense and risk of Client.

   4. Workwize shall be entitled to increase the agreed prices on the basis of increases in purchase prices and/or freight rates of the Products and Additional Services and/or the raw materials required for the production of the Products, and Additional Services and/or surcharges on government levies.

   5. Workwize shall be entitled to invoice corrected prices after an order was placed, in case the cost price has increased 5% or more between order placement and the shipment. Workwize will adjust prices in the catalogue as soon as possible.

   6. The Client reserves the right to discontinue to offer any product in the catalogue.

4. Delivery

   1. Delivery shall be Ex Works, unless agreed otherwise in writing.

   2. The Products shall be delivered on the unloading platform or directly at the doorstep of first door of the building, unless otherwise agreed.

   3. Client has the obligation to provide that the End-user shall accept the Products within the timeframe scheduled for delivery of the Products. Any additional costs related to delivery shall be borne by Client in the event that a Product is offered for receipt but not accepted by the End-user in the scheduled timeframe.

   4. Workwize shall be entitled to deliver the Products and in partial deliveries.

   5. If a Product that was ordered in the platform is out of stock, Workwize is entitled to deliver a product with similar specifications for a similar price as the out of stock Product. Workwize will notify the End-user in this case.

   6. All (delivery) dates stated and/or agreed by Workwize have been set to the best of its knowledge, but shall never be binding. The mere exceeding of a stated or agreed (delivery) date shall not cause Workwize to be in default. If any term is exceeded, Workwize shall deliver the Products, and/or Additional Services to Client or End-user as soon as possible.

   7. If transport to or near the place of delivery requires additional hours of work, these additional hours and costs shall be at the expense of Client and Workwize shall be entitled to charge these hours and costs to Client separately.

   8. Waiting hours and delays caused by actions on Client’s or End-users part shall be charged at the applicable rates to Client.

   9. If, at the request of Client or End-user, delivery is postponed until after the delivery date or the Client or End-user requests delivery of the Products, or Servies before the (delivery) date, Workwize shall be entitled to reimbursement of the costs ensuing from this postponement or expedition, as well as reimbursement of the statutory interest on the price of the Products, and/or Additional Services that are subject to the postponement. Postponement of delivery does not suspend the Client’s obligation to pay. Workwize reserves the right to claim compensation for damage/loss arising from the delay.

5. Inspection and recall

   1. Client is obliged within two working days after delivery of the Products and to verify that the delivered Products and show no external defects and correspond to the description on the packing list. If Client has not reported discrepancies between the delivered Products and the description on the packing note and/or external defects within two working days, the description on the packing note and the delivered Products and shall be deemed to be unconditionally accepted by Client.

   2. If Client considers that the Products and or Additional Services do not meet the requirements on the basis of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement, Client shall notify Workwize in writing immediately after it has identified or could reasonably have identified any discrepancy but in any event within a period of 5 days.

   3. If Client timely reports any discrepancy between the delivered Products, or Additional Services and the requirements on the basis of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement, Workwize shall confirm this report to Client in writing. Workwize shall consult Client as soon as possible and conduct the necessary investigation, whereby Client shall give Workwize the opportunity to determine the discrepancy (or have it determined) within 5 days after the report is delivered to Client.

   4. Complaints shall not entitle Client to suspend its payment obligation(s).

   5. If Workwize finds a claim to be justified, Workwize shall, at its option, either pay compensation not exceeding the invoice value of the relevant Products, or Additional Services or replace the relevant Products or free of charge.

   6. After a period of 5 days after delivery the right to claim or compensation for Client shall lapse.

6. Returns

1. 1. Without prior written consent of Workwize, Workwize is not obligated to accept returns from Client or End-user.

   2. Return shipments authorized by Workwize shall be at the expense and risk of Client. Acceptance of return shipments shall in no event constitute acknowledgment by Workwize of the claim or complaints.

   3. If Workwize accepts a return shipment from Client or End-user and Workwize decides to credit Client, Workwize will credit Client for the reasonable costs of the return shipment.

       

   7. Payment – general

8. 1. 1. If the Client remains in default of payment after a period of 10 days after expiry of the payment term, Workwize may pass on the claim for collection, in which case the Client shall also be bound to pay extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs ascertained at law, in connection with the collection of this claim or the exercise of rights otherwise. The extrajudicial collection costs which Workwize must incur in the event of late payment by the Client amount to 15% of the amount due over the first €2.500,-- of the claim, 10% over the next €2.500,--of the claim, 5% over the next €5.000,-- of the claim, 1% over the next €190.000,-- of the claim and 0.5% over the remainder of the claim with a maximum of €6.775,--. The extrajudicial collection costs shall never be less than €40,--.

      2. Client shall not be entitled to set off (alleged) claim(s) against Workwize against debts owed to Client.

      3. If Client disputes the amount of the invoice, it must notify Workwize of its objections in writing within 7 days after the invoice date in writing to Workwize at the risk of forfeiting the right of complaint.

      4. If Client does not fulfil its payment obligations, Client will owe Workwize statutory (commercial) interest on the invoice amount as from the day after the expiry of the payment term, until the invoice amount including interest and other costs made has been paid by Client.

9. Purchase Agreement – Payment

   1. 1. This article applies in the case of a Purchase Agreement.

      2. Client shall pay all invoices within 15 days after the invoice date. Workwize is entitled to send Client an invoice for each partial delivery.

      3. All costs related to payment, including the provision of security, if any, shall be borne by Client.

10. Purchase Agreement – Retention of title

    1. 1. This article applies in the case of a Purchase Agreement.

       2. All Products and delivered to Client or End-user remain the property of Workwize until all amounts owed by Client for the delivered Products, as well as the amounts referred to in article 9.3 have been paid to Workwize in full. Ownership of the Products and delivered and to be delivered to Client or End-user, is also reserved by Workwize for any future claims against Client on account of sale and delivery of Products..

       3. Client shall at Workwize’s first request provide adequate security for the full performance of all its (payment) obligations to Workwize.

       4. Client shall promptly notify Workwize if:

(i)   third parties make claims or attempts to gain control of or to seize Products subject to Workwize's reservation of title or otherwise assert rights to these;

(ii) (temporary) moratorium or debt arrangement is applied for or granted by Client or any (payment) arrangement is made with Client's creditors, or

(iii) Client's bankruptcy is filed or Client is declared bankrupt.

1. 1. Client authorizes Workwize (including outside of Client's normal business hours) to enter the area(s) where the Products are located in order to gain possession of and take possession of the Products by invoking its retention of title.

   2. Client shall at its own expense properly insure the Products subject to Client's reservation of title against normal business risks.

   3. As long as Workwize still has a retention of title to the Products, Client may not pledge or otherwise encumber the Products as additional security to third parties.

   4. As long as Workwize still has a retention of title to the Products, Client shall only be entitled to the internal treatment, processing or forwarding of the Products supplied as part of its normal business operations.

   5. The risk of loss or damage to Products that are the subject of the Purchase Agreement shall pass to Client at the time they are delivered to Client or End-user at the agreed place.

11. Purchase Agreement – Warranties and complaints

    1. 1. This article applies in the case of a Purchase Agreement.

       2. Client shall notify Workwize in writing of its complaints regarding visible defects of the Products immediately after discovery, but in any event within 14 days of delivery. Client shall give Workwize the opportunity to investigate the matter.

       3. Client shall notify Workwize in writing of its complaints regarding faults that are caused by unreliable assembly or installation of the Products by Workwize, immediately after discovery, but in any event within 5 days of delivery. Client shall give Workwize the opportunity to investigate the matter.

       4. Workwize guarantees both the reliability of the Product and it supplies and the quality of the material used and/or supplied to that end, subject to normal use, for a period of 12 months after delivery in accordance with these General Terms and Conditions, with the exception of all Products and/or parts purchased by Workwize from third parties, for which Workwize issues the same warranty as it is given by its supplier, subject to a maximum of 12 months.

       5. Faults that occur due to, or are partly, or fully caused by the following, fall outside the warranty:

1. 1. non-compliance by Client with the operating and/or maintenance instructions and/or use other than in accordance with its intended purpose;

   2. normal wear and tear;

   3. assembly / installation or repairs carried out by third parties and/or the Client or End-user;

   4. overvoltage on the electricity grid of the Client or End-user, e.g. in absence of a surge protector;

   5. the application of any government instruction with regard to the nature or quality of the materials used;

   6. materials and/or goods used in consultation with or on the explicit instruction of the Client or End-user or materials and/or goods supplied by or on behalf the Client or End-user for processing or otherwise, and

   7. method of operation and constructions applied on the explicit instruction of the Client.

1. 1. When the Client or End-user fails to meet any obligations applicable to it by virtue of the Purchase Agreement concluded with Workwize or related agreements, or fails to do so properly or in time, Workwize shall not be obliged to fulfil its warranty obligations regarding the Purchase Agreement. Any claim under the warranty shall be rendered invalid if the Client or End-user, without the prior, written approval of Workwize, disassembles, repairs, or carries out other work regarding the Product, or arranges for any of this to be carried out.

   2. When Workwize has repaired the Products and/or construction faults and/or has replaced the relevant parts of the Products, the warranty period of the Products remains the same and is not renewed. Therefore, Workwize shall be fully discharged of its warranty obligations after a period of 12 months after the delivery from the original Products.

12. Lease Agreement and Rent Agreement – Payment

    1. 1. This article applies in the cases of a Lease Agreement and a Rent Agreement.

       2. Client shall pay the first three months of the total expected lease amount or rent amount prior to the start of the Lease Agreement or Rent Agreement, unless agreed otherwise in writing.

       3. Client shall receive the invoices with respect to the Lease Agreement or Rent Agreement at the end of each calendar month.

       4. Client shall pay all invoices within 15 days after the invoice date.

       5. All costs related to payment, including the provision of security, if any, shall be borne by Client.

13. Lease Agreement and Rent Agreement – Retention of title

    1. 1. This article applies in the cases of a Lease Agreement and a Rent Agreement.

       2. The Product is and remains the property of Workwize.

       3. Client are not permitted to establish or to provide any (security) right of the Products for the benefit of a third party. Client is obliged to ensure that End-user will not establish or provide any (security) right of the Products for the benefit of a third party.

       4. It is explicitly forbidden for Client to rent or lend out the Products, or under any circumstances hand over to third parties. Client is obliged to ensure that End-user will not rent or lend out the Products, or under any circumstances hand over to third parties.

14. Lease Agreement and Rent Agreement– Warranties and complaints

    1. 1. This article applies in the cases of a Lease Agreement and a Rent Agreement.

       2. Workwize guarantees both the reliability of the Products and the quality of the material used and/or supplied to that end, subject to normal use by Client and/or End-user, for the term of the Lease Agreement or Rent Agreement.

       3. Client is obliged to use the Products carefully in compliance with the applicable safety regulations.

       4. Client is obliged to ensure that End-user will use the Products and carefully in compliance with the applicable safety regulations.

       5. Client must keep the Products in good condition.

       6. Client is obliged to ensure that End-user keeps the Products in good condition.

       7. Client ensures that End-user uses the Products at the location of delivery of the Products. The Products can only be moved to another address with prior written permission from Workwize.

       8. Workwize takes care of the maintenance and repairs of the Products. Client ensures that End-user fully cooperates and provide Workwize with, among other things, access to her property in which the Product is used.

       9. Client is not permitted to carry out repairs of the Products itself, nor consult third parties to do so. Client ensures that End-user will not carry out repairs of the Products itself, nor consult third parties to do so.

       10. Costs due to careless use of the Products, repairs by third parties, failure to report defects in a timely manner or any other cause that is not considered to be the usual usage, are on behalf of Client.

15. End of a Lease Agreement or Rent Agreement

    1. 1. In the event of the end of the Lease Agreement or Rent Agreement, Client ensures that End-user shall return the Products by means of the return procedure of Workwize, as described in Annex V.

       2. In the event of the end of the Lease Agreement or Rent Agreement, Client ensures that End-user shall return the Products by means of the return procedure of Workwize, as described in Annex V.

       3. Client has the option to purchase the leased Products by the end of the Lease Agreement or Rent Agreement. Client gives notice to Workwize hereof withing 14 days prior to the end of the Lease Agreement or Rent Agreement.

       4. Client ensures that End-user shall return the Products within seven days after the last day of the Lease Agreement or Rent Agreement.

       5. If the Products are not returned to Workwize via the return procedure in Annex V, within seven days after the end of the Lease Agreement or Rent Agreement, Workwize will continue to invoice the monthly rental/lease fees to Client, until the Products have been returned.

       6. If the Product has been returned by Client, Workwize will engage a third party to inspect the Products for unusual damage. The cost of repairing such unusual damage will be borne by the Client, but will never exceed the residual value of the Products..

       7. Each Rental / Lease product has a minimum number of months before it can be cancelled, e.g. 24 months or 12 months. The minimum rental period is agreed with the Client. The minimum rental period can be mentioned on the product page.

       8. The Client agrees to pay the monthly price until the minimum rental period is ended. After the minimum rental period is ended the Client can cancel the product with 1 month notice period.

       9. All Rent/Lease items are to be returned in the country of delivery. Any additional costs associated with returns, such as but not limited to returns before the end of the term of the rental agreement, or returns from abroad, are to be borne by the Client.

16. Service Agreement – general

    1. 1. This article applies in the case of a Service Agreement.

       2. With regard to the performance of the Service Agreement, Workwize has a best commercial efforts obligation and no obligation to achieve a result.

       3. Client ensures that End-user will share all information which Workwize indicates to be necessary, or which Client should reasonably understand to be necessary for the performance of the Service Agreement, and this information will be provided to Workwize in time. If the information required for the performance of the Service Agreement has not been provided to Workwize in time, Workwize will be entitled to suspend performance of the Service Agreement and/or to charge Client for the additional costs arising from the delay according to Workwize usual rates.

       4. If it has been agreed that the Service Agreement will be performed in phases, Workwize may suspend performance of those parts that belong to a subsequent phase until Client has approved the results of the preceding phase in writing

17. Service Agreement – Payment

    1. 1. This article applies in the case of a Service Agreement.

       2. Client shall pay all invoices within 15 days after the invoice date.

       3. All costs related to payment, including the provision of security, if any, shall be borne by Client.

18. Regulations

    1. 1. In case (safety) instructions are provided and/or apply to the Products, Client is obliged to ensure that End-user follows these instructions accurately.

       2. Workwize will not be liable for any damage resulting from the use of the Products that is contradictory the instructions.

       3. If no instructions have been provided by Workwize to Client, Workwize will not be liable either if the Products are used in a manner contradictory to general decency standards or other instructions that apply to the End-users with respect to the Products, or Additional Services.

19. Liability

    1. 1. The total liability of Workwize for an attributable failure in the performance of the Service Agreement, Purchase Agreement, Rent Agreement or the Lease Agreement, a breach of a warranty- , guarantee- or indemnification obligation or on whatsoever ground, is limited to compensation of direct damage up to the amount of the price (excluding VAT) of the relevant Productsor Additional Services .

       2. Workwize’s liability on a ground of an attributable failure in the fulfilment of an agreement, shall only arise if the Client gives Workwize notice of default in writing within five days after it has become aware of the shortcoming, giving proper notice of default in writing, thereby setting a reasonable period in which to remedy the shortcoming, and if Workwize continues to fail imputably in the fulfilment of its obligations even after that period. The notice of default must contain as detailed as possible a description of the shortcoming.

       3. Workwize’s liability for indirect damage, consequential damage, loss of profit, damage resulting from claims by third parties against Client, damage due to exceeding a deadline or property damage consisting of destruction, damage or loss of items used by Client in the normal exercise of a profession or business is excluded.

       4. Damage due to negligence, injudicious action, lack of care and damage because of the failure to report defects to the Products, or Additional Services in five days after discovery, is at the expense of Client.

       5. If, for whatever reason, the insurer does not make a payment, Workwize's liability is limited to a maximum of the net invoice value of Products, Refurbished products or Additional Services charged by Workwize to Client in the 12 months preceding the occurrence of the damage. Under no circumstances will the total compensation for the damage seen under this article exceed and amount of €100.000,--.

       6. The limitations of liability contained in this article do not apply in the event of intentional or gross negligence on the part of Workwize.

       7. In the event of damage, Client is obliged to take damage reduction measures.

       8. A condition for the existence of any right for compensation is that Client reports the damage to Workwize in writing ultimately within five days after the damage arises.

       9. The provisions of this article also apply in favour of all (legal) persons whose services Workwize uses for the performance of any agreement.

       10. Workwize shall never be obliged to deliver Products equal to Products delivered to Client under previously concluded agreements, but shall advise Client on similar Products at Client's first request if the requested Products cannot be delivered.

20. Intellectual Property

    1. 1. All intellectual property rights with regard to the Products and Additional Services of Workwize (remain) with Workwize or its licensors, unless explicitly agreed otherwise in writing.

       2. The intellectual property rights on advice, drawings, scenarios, illustrations, models, sketches, layout proposals, presentations, product specifications and descriptions issued by Workwize shall always remain vested in Workwize.

       3. In the event that Workwize and Client agree in writing that the intellectual property rights are vested in Client, Client must issue Workwize with an unrestricted, worldwide license for producing and exploiting the relevant Products under its own label, unless agreed otherwise in writing.

21. Force Majeure

Neither party shall be obliged to perform any obligations if prevented from doing so as a result of force majeure. Force majeure shall also include a failure by Workwize's suppliers. If a situation of force majeure has lasted for more than thirty days, the parties shall be entitled to terminate the Service Agreement, Purchase Agreement or Lease Agreement by rescinding it in writing. Any work already carried out pursuant to the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement shall then be settled proportionately, without the parties owing each other anything.

22. Termination

    1. 1. Each of the parties shall be entitled to dissolve the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement only if the other party, after having received a proper and detailed written notice of default in which a reasonable period is given to remedy the failure, imputably fails to meet essential obligations under the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement.

       2. Workwize may terminate all or part of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement without notice of default and without judicial intervention by means of written notification if the Client is granted a suspension of payments, whether provisional or not, if a petition for bankruptcy is filed with regard to the Client or if the Client's business is wound up or terminated. Workwize shall never be obliged to pay any compensation for this termination. The amounts owed shall become immediately due and payable. Client must inform Workwize immediately in writing in aforementioned situations.

       3. If Client at the time of dissolution or termination of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement as referred to in this article, Client has already received performances in connection with the performance of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement, these performances and the related payment obligation shall not be undone, unless Workwize is materially in default with respect to these performances. Amounts which Workwize has invoiced before the dissolution or termination in connection with what he has already carried out or delivered in performance of the contract shall remain due and payable in full.

       4. In the event of null or void provisions from an agreement between Workwize and Client or in these General Terms and Conditions, parties will consult in order to agree on new provisions to replace the null and/or void provisions, taking into account as much as possible the objective and purporse of the null and/or void provisions.

       5. If Client does not agree to a material change of the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement, Client must give written notice of its objection to Workwize within thirty days after receiving notice of the material change. If Workwize receives such notice, Workwize will contact Client to discuss the material change and to get to a workable solution. If parties cannot agree to such a solution and the material change is (planned to be) made, Client may terminate the Service Agreement, Purchase Agreement, Rent Agreement or Lease Agreement by giving at least thirty days prior notice to Workwize.

23. Indemnity

Client indemnifies Workwize against third-party claims, including but not limited to, End-users who incur damage in connection with or related to the use of the Productsand Additional Services related to the Service Agreement, Purchase Agreement, Lease Agreement and Rent Agreement as a result, or acts, or omissions by the Client, or the result of unsafe situations in its organization or in the home office of the End-user and shall reimburse Workwize all costs, damage and (statutory) interest charged at the expense of Workwize as a result of aforementioned third-party claims against Workwize with respect to the Productsand Additional Services or any other activity provided by Workwize for the Client or End-user, all this with due observance of the statutory provisions.

24. Applicable law and disputes

    1. 1. The Service Agreement, Purchase Agreement, Rent Agreement and Lease Agreement between Workwize and Client are governed by Dutch law.

       2. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

       3. All disputes which may arise between Workwize and Client arising from or in connection with (the execution of) an agreement concluded between Workwize and Client, as well as in connection with these General Terms and Conditions, shall be submitted to the competent court in Amsterdam.

25. Confidentiality

Parties shall mutually maintain confidentiality concerning all information with regard to these General Terms and Conditions, the Service Agreement, Purchase Agreement, Rent Agreement and/or Lease Agreement.

26. Contact

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us:

Workwize B.V.

       Leidsegracht 38

1016 CM, Amsterdam

The Netherlands

support@goworkwize.com

BTW: NL861907620B01

KvK: 81053223

 

Version^23rd of September 2022

 

Annex I – Additional Services

 

Logistical Services module allows Client to make use of the following services:

• Equipment Offboarding & Redistribution

  • Client can offboard an End-user’s equipment easily through the Workwize platform. Client pre-approves a standard budget of EUR 50 per offboarding for the purchase of any missing accessories. When an End-user’s equipment is offboarded, the following steps are taken by Workwize, Client and End-user:

  • A Client can request Workwize to offer End-user the option to purchase Products at residual value at the moment of offboarding.

  • If the End-user wants to make use of this option, Client is responsible for deducting the residual value from End-user’s last paycheck

  • If End-user does not want to make use of this option, the Client or End-user confirms to Workwize the address of the purchased Products

  • For items which Workize deems fit to be returned through an offboarding box the process is as follows:

    • Workwize shares a return label so End-user can ship the items back in the original shipment box

    • In case the End-user no longer has the original product box, Workwize can send a replacement box at the expense of the Client

    • Client makes sure that End-user takes pictures of the Products and reports damages

    • Client makes sure that End-user puts products in the offboarding box safely and will take pictures of how it is packed

    • The offboarding box will be returned to Workwize’s warehouse via a drop-off point by the End-user or in certain cases when pre-approved it will be picked up via home collection

  • Specifically for monitors, Workwize can only offboard monitors when an End-users has keep the original delivery box because this ensures that the box will be optimally protected during the return shipment. If an End-user does not have the original box, Workwize can provide a replacement offboarding box when the Client accepts full responsibility for the return shipment in the replacement box and the associated risks of damage to the monitor.

  • For certain items which Workwize deems unfit to be returned through an offboarding box, such as but not limited to furniture, Workwize might decide to let End-user make an offboarding appointment after approval of the Client. The End-user must be at home at the scheduled time so Products can be picked up at the End-user’s house.

  • Costs associated with the offboarding, shipment and storage will be charged on a costs basis to the Client

  • Workwize reserves the right to charge or waive a one-off fee for the initial set-up costs

• Welcome Packages

  • Client can order Welcome Packages for their new joiners through the Workwize platform. Workwize will source, assemble and send the package and the selected products after Client’s approval. The Client will be charged for the costs of the package, the selected products and the storage and shipping costs. Depending on the amount of work needed to set-up the package, Workwize reserves the right to charge a one-off fee for the initial set-up costs

• Company Merchandise

  • Client can offer Company Merchandise to their new joiners through the Workwize platform. Workwize will assist Client in sourcing the company merchandise. The Client will be charged for the costs of the merchandise, the storage and shipping costs. Depending on the amount of work needed to set-up the company merchandise, Workwize reserves the right to charge a one-off fee for the initial set-up costs

• Buffer Stock

  • Client can secure a Buffer Stock of various products which Workwize can store on behalf of the Client in the warehouse. When an order is placed, Workwize can send out the product straight from the warehouse which enables speedy delivery. Workwize reserves the right to charge a one-off fee for the initial set-up costs

 

IT Services module allows Client to make use of the following service:

• Device Configuration

  • Laptops can be enrolled into the Client’s Mobile Device Management so that their users have the right applications and security policies

  • Workwize can perform custom setup steps for the Client

  • Workwize reserves the right to charge a one-off fee for the initial set-up costs

 

 

Annex II – Offers procedure

The Client guarantees that information with regards to the manufacturing and/or construction methods used by Workwize shall not be shown, disclosed to or used by third parties.

 

Every offer is based on execution under normal conditions and during normal working hours as applicable at Workwize, unless explicitly stated otherwise. In the event of delivery or installation outside normal working hours.

 

Annex III – Complaints procedure

Complaints go through our support department (the built-in chat and/or via support@goworkwize.com). Client has information from their account manager and personal email where complaints can be sent from the employer. The End-user can leave complaints via chat/supportmail.

 

Annex IV – Invoicing procedures

1. Unless agreed otherwise, the invoicing procedure shall be as follows:

2. The invoice will be sent in the first week of the month for all orders placed in the month before

3. In all cases, the entire amount shall be invoiced when the client is in default with the acceptance of a (part) delivery.

4. Invoices will be paid within a period of 15 days;

 

Annex V – Procedure of end of a Lease Agreement or a Rent Agreement

 

At the end of a Lease Agreement or Rent Agreement, the following steps are taken by Workwize, Client and End-user:

• Depending on the supplier, Client or End-user are in some cases able to purchase the leased or rented Products at residual value

• If Client or End-user cannot or does not want to make use of this option, Client confirms to Workwize the address of the leased/rented Products

• For items which Workize deems fit to be returned through an offboarding box the process is as follows:

  • Workwize shares a return label so End-user can ship the items back in the original shipment box

  • In case the End-user no longer has the original product box, Workwize can send a replacement box at the expense of the Client

  • Client makes sure that End-user takes pictures of the Products and reports damages

  • Client makes sure that End-user puts products in the offboarding box safely and will take pictures of how it is packed

  • The offboarding box will be returned to Workwize’s warehouse via a drop-off point by the End-user or in certain cases when pre-approved it will be picked up via home collection

• Specifically for monitors, Workwize can only accept the return of monitors when an End-user has keep the original delivery box because this ensures that the box will be optimally protected during the return shipment.

• For certain items which Workwize deems unfit to be returned through an offboarding box, such as but not limited to furniture, Workwize might decide to let End-user make an offboarding appointment after approval of the Client. The End-user must be at home at the scheduled time so Products can be picked up at the End-user’s house.

Annex VI – Procedure of redistribution of refurbished products

In the situation of the refurbished items that will be redistributed, the following steps are taken by Workwize, Client and Client will ensure that End-user take these steps as well:

• Non catalogue items need to be connected to catalogue items so all refurbished stock can be redistributed

• End-user is ordering refurbished item on the platform

• Items to be delivered are checked by Workwize, but Workwize is not responsible for the quality of these items

• End-user can expect different products with similar specification when ordering refurbished items