1.1 These general terms and conditions apply to all offers, assignments, agreements, and other services provided by Dispersed, an advisory firm specialized in drafting Life Cycle Assessments (LCAs) and calculating carbon footprints (Scope 1, 2, and 3).
1.2 Deviations from these terms and conditions are only valid if expressly agreed upon in writing by both Dispersed and the client.
2.1 "Client" refers to any natural or legal person entering into an agreement with Dispersed.
2.2 "Services" refer to the consultancy services provided by Dispersed, including but not limited to the execution of LCAs and the calculation of carbon footprints
3.1 All offers and quotations from Dispersed are non-binding and valid for 30 days unless stated otherwise.
3.2 An agreement is established once Dispersed has received written confirmation of the assignment.
3.3 Dispersed reserves the right to refuse assignments without providing reasons..
4.1 The client is responsible for the accuracy, completeness, timely delivery, and quality of all information and data necessary for the execution of the assignment.
4.2 Any errors, omissions, or poor quality of the information provided by the client are entirely the client’s responsibility. Dispersed is not liable for any damage, direct or indirect, resulting from such errors or deficiencies.
4.3 Dispersed cannot be held responsible for failing to achieve an external review or for the inability to include the results in a database or system if this is due to the lack of qualitative or complete data provided by the client.
5.1 Dispersed will execute the assignment to the best of its ability and with the care of a diligent contractor.
5.2 Deadlines for the delivery of reports and results are agreed upon in consultation with the client. Dispersed strives to meet these deadlines but is not liable for delays beyond its control.
5.3 The reports and calculations provided by Dispersed are based on the data provided by the client. Dispersed cannot be held responsible for any claims or statements made by the client based on these reports or results.
5.4 Unless the results of the research have been reviewed by an independent third party, no rights can be derived from Dispersed’s findings. Dispersed provides no guarantees regarding the legal or commercial applicability of the results without external validation.
6.1 The total liability of Dispersed for attributable failure in the performance of the agreement is limited to the amount of the fee agreed for that agreement (excluding VAT).
6.2 Dispersed is not liable for indirect damages, including consequential damages, lost profits, missed savings, and damage due to business interruption.
6.3 In the event of damage resulting from incorrect or incomplete data provided by the client or poor data quality, Dispersed cannot be held liable.
7.1 All intellectual property rights on the reports, documents, and other materials provided by Dispersed remain with Dispersed unless otherwise agreed.
7.2 The client is not permitted to publish, reproduce, or otherwise use the provided materials without written consent from Dispersed, except for the intended purpose of the assignment.t.
8.1 Invoicing will be carried out according to the rates and terms agreed upon in the quotation.
8.2 Payment must be made within 30 days of the invoice date.
8.3 If the payment term is exceeded, the client is in default without further notice and is in breach of the law. In such a case, Dispersed reserves the right to suspend further service delivery until payment is made and/or take legal action to collect the debt.
9.1 Both Dispersed and the client may terminate the agreement in writing if the other party, after proper notice of default, remains in default of fulfilling essential obligations under the agreement.
9.2 Upon termination of the agreement, the client’s payment obligations for services already provided remain in effect.
10.1 All agreements between Dispersed and the client are governed exclusively by Dutch law.
10.2 Disputes arising from or related to the agreement will initially be submitted to the competent court in the district where Dispersed is located.