GENERAL TERMS AND GENERAL TERMS AND CONDITIONS FOR USE OF NOMADPOWER
Article1 – Definitions
In these General Terms and Conditions the following definitions shall apply:
The natural or legal person who uses services of NomadPower or has signed an agreement on that matter.
General Terms and Conditions:
The present General Terms and Conditions for the use of NomadPower.
The party that offers a parking area with a NomadPower Connection, with which Supplier has signed an agreement and where a User may use NomadPower.
The limited-liability partnership Nomad Power B.V., based in Rotterdam, registered with the Trade Register of the Chamber of Commerce for Central Netherlands under number 56177151. Supplier provides services with respect to the use of NomadPower.
The Agreement of assignment on the basis of which Supplier gives Users the opportunity to use NomadPower, which is established with the Supplier every time a User joins a NomadPower Connection, and in cases as specified in article 3 paragraph 1 of these General Terms and Conditions.
A webpage within www.nomadpower.eu, only accessible for User and where User can see, specify and modify personal data.
Fault Repair Service:
Helpdesk of the Supplier, for the registration and deregistration for using NomadPower, as well as asking questions and relaying failures. The support phone number is listed on the website of Supplier: www.nomadpower.eu.
The use of electricity with a maximum power of 15 kW from a NomadPower Connection by User.
A numbered connection at a parking area for Trucks, including electricity meter and socket, whereto the User can connect the truck for using NomadPower.
The rate set by the Supplier for the use of NomadPower per kWh excluding VAT, which may vary per partner (see article 6 paragraph 1 of the General Terms and Conditions).
The Electro Technical Infrastructure required for the use of NomadPower, including transformer houses, NomadPower Connections, measuring devices, etc.
The NomadPower Rate times the used kWh-electricity, possibly with a minimum price per hour.
A motor vehicle, motor vehicle with trailer or combination of motor vehicle and semi-trailer designed for the transport of goods.
The website where further information can be found regarding the use of NomadPower and where there is a possibility for registration.
All definitions can be used in both in the singular or the plural form while maintaining validity.
Article 2 – Applicability General Terms and Conditions
The General Terms and Conditions apply to all offers and agreements under which Supplier provides goods and / or services of any kind and under any name to the User.
The User is always bound to the most recent version of the General Terms and Conditions. The most recent version of the General Terms and Conditions is always published and can be downloaded from www.nomadpower.eu and will be sent free of charge to the User by (electronic) mail.
Applicability of any General Terms and Conditions of the User or third parties is explicitly rejected.
Deviations from these General Terms and Conditions are only valid if they have been agreed upon in writing. If deviating from one or more terms in these General Terms and Conditions, the remaining terms shall remain fully applicable.
In instances where these General Terms and Conditions are insufficient the Supplier will make reasonable arrangements.
In these General Terms and Conditions, “in writing” includes electronic notification.
Article 3 – Use of NomadPower
For the use of NomadPower the User needs to follow the following procedure. Once the User has parked, he secures his power cord to a free wall socket of the NomadPower Connection. Thereafter, the User can choose from the following two modes of use of NomadPower:a. use with a User number: if the User has registered in advance as described below in paragraph 3.2, through which the Agreement has been established, User can use NomadPower by calling the telephone number listed on the aforementioned website of Fault Repair Service and log on with his User number, PIN and the number of the NomadPower Connection. If the User calls with the (mobile) phone number specified at registration, the computer of the Fault Repair Service recognises the User number and PIN by the number of the (mobile) phone. The User can also log on with User number, PIN and the number of the NomadPower Connection for the supply of NomadPower by logging on www.nomadpower.eu or through an application available for smartphones.b. use without User number: in this case, the User logs on by calling the Fault Repair Service or via www.nomadpower.eu, and indicates in the selection menu that he wants to pay by credit card. The User will be asked to type in his credit card number (MasterCard or Visa card are the only types possible) and the number of the NomadPower Connection to which the User is connected. After going through this registration process, the Agreement shall be established and start the delivery of NomadPower within moments. For use without User number additional costs will be charged, as further described in Article 10.4.
Registration at Supplier takes place through www.nomadpower.eu or by any other method of registration. After registration, Supplier verifies the information of the User. This process takes about a day. Within that period, the User may only use the NomadPower Facilities through the procedure described in article 3.1.b ‘use without User number’. After acceptance of registration, the User will receive a User number and PIN and the Agreement is established. Use of NomadPower then takes place by the procedure described in 3.1.a ‘use with User number’.
The frequency of the NomadPower Connection is 50 Hz. The plug to be used must be of the following type: 400V/32A 5-pole. The connectors and associated wiring must comply with IEC 60309 and NEN 1010. User is responsible for the secure and certified connection supplies. The User is not allowed to use an adapter. User is responsible for the proper use of the connectors and wiring. To use the NomadPower Connection, User shall consult the safety instructions on the website of Supplier: www.nomadpower.eu.
The User shall comply with all applicable national and local laws and regulations. The establishment of the Agreement does not include the consent of Partner for the use of a parking lot at Partner. Access to the NomadPower Connection is granted only with the consent of Partner. In the site of Partner the User must adhere to instructions of the Partner.
The power supply of NomadPower stops automatically if the connection to the NomadPower Connection is lost for any reason or cause. Delivery can only be resumed by repeating the procedure referred to in first paragraph of this article.
Article 4 – Exploitation NomadPower
Supplier is responsible for the service with regard to the use of NomadPower. Among the service to the Users, is implied:- Registering the User and assigning a User number and a Personal Page on www.nomadpower.eu;- The employment of NomadPower as described in Article 3.1;- Answering questions and / or comments about the User (the use of) NomadPower;- Managing and maintaining the website www.nomadpower.eu;- Managing and maintaining a Deault Repair Service, available 24 hours a day 7 days a week;- invoicing and charge collection of the power used.
Article 5 – User obligations and prohibitions
The User is obliged to provide all necessary information and full cooperation to Supplier, which are required for Supplier to perform the services with respect to the use of NomadPower. The User is responsible for providing correct information, whether via the Personal Page or not, such as organisational information, address, cell phone numbers, identification of the Truck or the credit card number with which payments can be made. Changes in the above data must be passed on by User to Supplier immediately via the Personal Page.
The User is obliged to comply strictly with all procedures and safety precautions of Supplier and inform Supplier as soon as possible in case of any suspected damage, defects or irregularities to the NomadPower Connection perceived by him.
The User is prohibited to:a. cause Supplier or other Users inconvenience or damage;b. break or cause breaking of seals affixed by or on behalf of Supplierc. to perform or let perform acts so that the use is not or cannot be determined precisely, be it to ensure that the normal functioning of the measuring device is prevented, or that the NomadPower Rates do not or cannot be applied properly;d. use other connecting materials than prescribed by Supplier;e. make NomadPower available to other Users.
Article 6 – Confidentiality and Privacy
from each other, unless a legal duty demands to disclose the information and / or data. Parties are therefore not permitted without prior explicit consent in any way, directly or indirectly, to make or have made public information and / or data relating to the other party, or make these available to third parties.
Information shall in any case be considered confidential if it is designated as such by either party.
The duty of confidentiality shall end one year after the termination of the Agreement, unless otherwise agreed upon.
Where computer data or telecommunication facilities are used for the execution of the Agreement or otherwise, Supplier shall be entitled to provide the User access or identification codes. Supplier is entitled to change this access and identification codes at all times. User needs to handle such access and identification codes confidentially and carefully. Supplier is not liable for damages or costs arising from use or abuse of the provided codes.
Article 7 – Retention of ownership and rights
All goods delivered to the User shall remain property of Supplier until all relevant amounts owed by the User for deliverables under the Agreement are fully paid to Supplier.
Rights are granted to the User or, as appropriate, transferred under the condition that the User pays the agreed fee fully and in time.
identification, User and PINs, will be issued only on loan and remain the property of the Supplier.
Article 8 – Risk
The risk of loss, theft, misappropriation or damage to property, including identification, User and PINs, passwords and other documentation, which are or will be delivered by the Supplier to the User, goes to the User at the time of the actual disposal to the User or an assistant of User.
Article 9 – NomadPower Rate
The NomadPower Rates are listed per Partner on www.nomadpower.eu.
The User owes a fee for the use of NomadPower, which consists of NomadPower Rate multiplied by the amount of kWh that the User has used via the NomadPower Connection, plus VAT. The amount of used electricity in kWh is measured by Supplier by means of the measuring device in the NomadPower Connection. The metering installation of the NomadPower Connections consist of accounting meters. When in doubt about the accuracy of the measurement, the data as in the administration of the Supplier shall apply with the possibility of rebuttal by the User. A Partner may apply a minimum rate. The User then pays the higher amount of both the NomadPower Rate multiplied by the amount of kWh that the User has used, and also the minimum rate.
The use of the telephone number of the Fault Repair Service can bring along fees on top of the costs for the use of the (mobile) phone into account in some countries. These fees are charged by the telephone company or service provider of the User. For information about this the User is referred to his telephone company.
In determining the services performed by the Supplier and the amounts owed by the User, the relevant documents and information from the administration or systems of Supplier will provide full evidence, without prejudice to the right of the User to provide evidence rebuttal.
Supplier is entitled to change of the prices and rates, which will be announced on the website www.nomadpower.eu.
Article 10 – Payment
In case of use with User number Supplier charges Usage costs to the User once a month by means of an itemised collective invoice. That invoice will be made available to the User via the Personal Page but can be sent by mail on request, provided the address of the User is known. All invoices shall be paid by User in accordance with the payment terms stated on the invoice. In the absence of specific General Terms and Conditions, User shall pay within 14 (fourteen) days after the invoice date. The User is not entitled to any compensation, discount, reduction or suspension of its payment obligations. Payment must be fulfilled into a bank account specified by Supplier.
If the User has chosen to use NomadPower with User number, the User gives a proxy for direct debit. Collection will occur 14 days after the invoice date from the account specified by the User. The User must always ensure that he has sufficient funds or available credit on the account. If the collection for whatever reason cannot take place within 14 days after the invoice date, the User is legally in default.
If User does not pay the amounts due within the agreed period User shall, without any notice of default required, owe the statutory (commercial) interest on the outstanding amount, as stared under Article 6:119 a and 6:120 of the Dutch Civil Code. Furthermore, User will be obliged to pay extrajudicial and collection costs in addition to the amount due, including all costs referred to in article 6:96 of the Dutch Civil Code, relating to the collection of this claim or other legal action, of which the amount will be determined based on at least 15% of the total amount.
If the User has chosen to use NomadPower without User number, payment will be made by debiting the account to which the credit card is linked. Only the types MasterCard or VISA are suitable. For the use of NomadPower without User number, an amount of EUR 2,50 (excluding VAT) per transaction (registration) will be charged on top of the fee specified in Article 9.
In case of a dispute on the amount or the basis of the invoice, the User must, under penalty of forfeiture make reasoned objections in writing to Supplier within fourteen (14) days after the invoice date.
Supplier is entitled to request a deposit or other collateral (e.g. a deposit) from the User, which User will provide to Supplier at first request.
Article 11 – Transfer of rights and obligations
The User is not permitted to sell or otherwise transfer the rights and / or obligations under the Agreement to a third party.
Supplier is entitled to transfer his claims against the User to a third party.
Article 12 – Liability
Supplier will endeavour to avoid interference with the delivery of NomadPower or limit this as much as possible. User is obliged to notify the Fault Repair Service directly about identified malfunctions and damage to NomadPower Facilities. Supplier does not guarantee continuous, trouble-free use of NomadPower nor the permanent availability of NomadPower or the NomadPower Connection.
Supplier and Partner may, if in their judgment it is necessary or desirable, to the interests of proper electricity supply, in connection with the execution of contingency operations, in the interest of safety or a risk of damage in cases of reasonable, – if possible after notice – reduce or interrupt electricity use for the shortest possible time. A suspension or limitation of the power use referred to in this article is not a shortcoming of the Supplier and will not affect the validity and duration of the Agreement.
Failures and interruptions in the electricity network or in the supply of electricity to the Partner are on the account and risk of the User. Supplier is not liable to User for defects in the NomadPower Connection and / or the non-availability of the NomadPower, whether it is due to power outages or not.
Supplier is not liable for damages or costs due to transmission errors, malfunctions or unavailability of computer data or telecommunications facilities, unless User proves that such failure is due to intent or gross negligence of the Supplier.
Supplier shall not be liable for any indirect damage, including consequential loss, reputational damage, lost profits, lost savings, loss of data or damage due to business stagnation.
In all cases, the total liability of the Supplier shall be limited to direct damages to property and direct damage caused by death or injury, to an amount equal to the amount that Supplier has received of the User for the services provided over a period of the preceding three months.
Damage should be reported to Supplier as soon as possible but no later than two weeks after the occurrence, unless the User makes plausible that he could not have assessed the damage earlier.
The User shall, subject to limitations laws and regulations provide him, be liable for all damages suffered by himself and all direct damage (thus not consequential loss) suffered by the Partner, Supplier and / or third parties involved via the Partner or Supplier, that are a result of improper use of NomadPower and / or the NomadPower Facilities, which include but are not limited to:a. improper connecting of the Truck or improper or not disconnecting at all of the Truck from the NomadPower Connection;b. use of an adapter (of any type), a cable or a plug of a type that does not meet the safety standards associated with the corresponding NomadPower Connection, or with an amperage that is less than the corresponding NomadPower Connection offers;c. inadequate connecting of cables and / or plugs;d. use of more NomadPower at a time than the maximum capacity of the respective NomadPower Connection;e. failure to meet the applicable safety and / or other requirements of the NomadPower Facilities, the Partner and / or the electrical installation of the Truck of the User;f. failure to follow instructions from Supplier or Partner.
The User shall indemnify the Supplier against claims of third parties including but not limited to the employees of the User, relating to this Agreement or the performance by the Supplier. The User shall also indemnify all third parties engaged by the Supplier against any claim by User or any third party including but not limited to a Partner, relating to this Agreement or the performance by the Supplier.
Article 13 – Force majeure
Supplier is not obliged to perform any obligation if prevented from doing so as a result of force majeure as defined by law. Force majeure includes a failure of subcontractors of Suppler.
If the force majeure continues for more than three consecutive months and it is not foreseeable that the force majeure situation will be resolved within a reasonable period, Supplier has the right to terminate the Agreement by written notice without any liability towards the User.
Article 14 – Duration and Termination
The Agreement is for an indefinite period, unless the parties explicitly agree otherwise in writing.
If the Agreement is for a fixed period, it is extended automatically for a period of one year after the initial period, unless User or Supplier terminates the Agreement in writing by registered post with a notice period of three months for the User and one month for Supplier, before the end of the relevant period.
If the Agreement is for an indefinite period, it may be terminated by either Party after proper consultation and stating reasons by giving written notice. If the parties have not explicitly agreed on a notice period, the Agreement may be terminated with immediate effect.
If the User does not completely and / or timely pay or gives his bank instruction to return the amount paid by direct debit, he is legally in default. Supplier is at all times entitled to suspend the further use of NomadPower and the fulfilment of its obligations and / or to terminate the Agreement in whole or in part, or not allow use of NomadPower without a User number in any case, however not limited to the case of:a. any payment arrears from the User;b. suspension of payments, bankruptcy or application of the law on debt repayment with respect to the User or an application therefor;c. an embargo on an important part of the (business) assets of the User;d. establishment of guardianship or judicial supervision of the User;e. closure of the User;f. decease of the User;g. noncompliance by User of any of its obligations, after the User has been declared in default by Supplier.Supplier is not liable for the consequences of the suspension of the performance of its obligations or termination of the agreement by the Supplier pursuant to this article.
Article 15 – Invalidity of one or more terms
The invalidity of any term of the General Terms and Conditions shall not affect the remaining terms.
If and to the extent that any term of the General Terms and Conditions is unreasonably onerous under the circumstances, or to standards of reasonableness and fairness must be deemed invalid, a term will apply which is, taking all circumstances into account, acceptable and approaches the scope of the unaccepted term best.
Article 16 – Change of General Terms and Conditions
Supplier is at all times entitled to change General Terms and Conditions with immediate effect. However, this does not affect the core agreements, such as price, size and content of the Parties performance. Amendments shall take effect 30 days after the day on which they are published on the website of the Supplier.
Article 17 – Governing law and competent court
These General Terms and Conditions are exclusively governed by Dutch law, with the exclusion of the CISG.
All disputes arising from the Agreement, the General Terms and Conditions and / or use of NomadPower will be settled to the exclusion of other courts, by the Court of Rotterdam.