General Terms and Conditions
Clause 1. Applicability
1. Except in so far as otherwise agreed in a written agreement signed by both parties,
these General Terms and Conditions apply to all offers/price quotations made by
PlayFountain International B.V. (“PlayFountain”) to a party to whom PlayFountain has declared
these General Terms and Conditions applicable (“Customer”) and all contracts
(including but not limited to PlayFountain purchase or rental contracts and
associated transactions) between PlayFountain and such Customer.
2. These General Terms and Conditions are included standard in all offers/quotations of
PlayFountain and can be consulted and digitally stored via an email message from
PlayFountain or downloaded from PlayFountain’s website at www.playfountain.com.
3. PlayFountain expressly excludes the applicability of any general terms and
conditions of the Customer. Only PlayFountain’s own General Terms and Conditions
shall apply. Should any general terms and conditions of the Customer apply
nonetheless, PlayFountain’s General Terms and Conditions will prevail where they are
additional to, different from or inconsistent with those of the Customer.
Clause 2. Offers/Price Quotations
All offers/price quotations by PlayFountain are based on information provided by the
Customer and, except as otherwise indicated, remain valid for a period of 30 days after
the date of sending. PlayFountain may modify its quotations at any time as long as
they have not yet been accepted by the Customer. Furthermore, PlayFountain may
withdraw or amend any quotation, even after acceptance by the Customer, if the
information provided by the Customer is or proves to be incorrect in any way. Except
where otherwise provided, all prices are quoted exclusive of VAT and any other
applicable taxes or charges. If, on acceptance, PlayFountain sends the Customer a
written contract for signing, PlayFountain will only be bound by the terms of such
contract if it is signed and returned within 14 days of the date of sending.
Clause 3. Delivery
1. Unless otherwise agreed, all products (rented, purchased or otherwise) will be
delivered, domestically or abroad, to the installation site. From the moment of delivery
(whether under a purchase, rental or other contract), the risk of loss or damage to the
products will be for the Customer.
2. The Customer agrees to accept the products (rented, purchased or otherwise) at the
time of their delivery by PlayFountain or as applicable at the time they are to be placed
at the Customer’s disposal under the terms of the contract. Upon any refusal to accept
or any negligence in the provision of information or instructions necessary to make
delivery, the products will be stored at the risk and expense of the Customer and the
Customer will be liable to pay all additional expense items, in any event including but
not limited to the storage fees, as well as the agreed price to PlayFountain.
Clause 4. Term of Delivery
Unless otherwise expressly provided, agreed times of delivery are indicative. In the
event of any delay or late delivery, the Customer must give PlayFountain proper
written notice of default in order to be able, subject to the other provisions hereof, to
claim damages and/or terminate the contract on expiry of the grace period specified in
the notice of default, which must be at least 30 days as a minimum.
Clause 5. Partial Shipments
PlayFountain reserves the right to make partial shipments of products (rented,
purchased or otherwise), unless the partial shipments as such are of no value to the
Customer. PlayFountain may send a separate invoice for each partial delivery made.
Clause 6. Technical and Other Requirements
If the products are intended to be used outside the Netherlands, PlayFountain will
comply with all technical requirements and related standards prescribed by the laws
and regulations of the country of use, provided that the Customer informed
PlayFountain of the applicability of any and all relevant requirements and standards
when the contract was concluded. The Customer shall also give express written notice
at the time of conclusion of the contract of any and all other technical requirements to
which the products must conform, in so far as these deviates from customary
requirements. If the Customer fails to give any such notice, PlayFountain cannot be
held responsible for any non-conformity.
Clause 7. Drawings, Designs, Etc.
1. PlayFountain endeavours to be as precise as possible in all designs, illustrations,
catalogues, drawings, weights and dimensions, diagrams, etc. drafted, made and
prepared for the Customer, but these materials will not be binding on PlayFountain.
Subject to Clause 8, PlayFountain may make any and all changes considered
2. PlayFountain will design all products and interpret all specifications to the best of its
knowledge and belief. PlayFountain cannot be held liable for any design flaws. Models
or samples shown or provided by PlayFountain are for illustrative purposes only: the
specifications of the final product may deviate from those of the model or sample.
3. PlayFountain International B.V. is and remains the exclusive holder of all intellectual property rights in
the products, drawings, drafts, offers, etc. made or provided by PlayFountain. The
Customer is responsible for preventing (i) any illegal copying or use, in full or in part, of
the products or materials and (ii) any unauthorized provision or disclosure thereof to
third parties. Information carriers containing
drawings or other proprietary materials shall be returned immediately on request,
without the Customer retaining any copy thereof.
4. The Customer agrees that it shall not for any purpose outside the context of its
contract with PlayFountain use or disclose to third parties any information provided
orally by PlayFountain about plans or ideas for the products supplied, except to the
extent that such information belongs to the public domain and its use or disclosure
does not infringe on PlayFountain’s intellectual property rights or otherwise
constitutes unlawful conduct as against PlayFountain.
Clause 8. Non-conformity
PlayFountain reserves the right to provide or to supply products which do not conform
to the contract or these General Terms and Conditions in terms, for instance, of
materials, dimensions, and colour or to the provisions of Clause 7 above. If
PlayFountain provides or supplies products which deviate materially from the
products agreed between the parties, the Customer may rescind the contract with
due regard to Clause 12 below. The Customer shall not have any such right of
rescission, however, if the non-conformity of the products, their packaging or
documentation is not material or arises from applicable statutory or regulatory
requirements or actually means an improvement.
Clause 9. Termination of the Contract
1. Any and all claims, which PlayFountain may have against the Customer, including
claims for payment, shall become enforceable early, i.e. prior to the time referred to in
Clause 15, upon the occurrence of any of the following events:
– If circumstances after the date of the contract give PlayFountain good reason to fear
that the Customer will default on its obligations;
– If PlayFountain has asked the Customer at the time of conclusion of the contract to
provide security for its compliance with the contract and the Customer fails to provide
In any such event, PlayFountain shall also be entitled to postpone performance of the
contract or to rescind the contract, without prejudice to its right to claim full damages,
which is defined for this purpose as the rental, purchase or other contract price plus,
where applicable, the costs of returning and shipping the products.
2. Furthermore, PlayFountain may terminate its contract with the Customer with
immediate effect if the Customer refuses to comply with its obligations after having
received written notice of default. In such an event also, PlayFountain may claim
damages as provided in Clause 9.1.
3. If any circumstances occur that adversely affect persons and/or materials (generally)
involved in the performance of the contract or that are of such a nature as to render
performance of the contract impossible or so unreasonably onerous or costly for
PlayFountain that PlayFountain can no longer reasonably be required to perform the
contact, PlayFountain may rescind the contract without in any way being liable to pay
damages to the Customer.
Clause 10. Warranty
1. PlayFountain warrants that the products supplied under the contract and these
Terms and Conditions will be free from defects in design, materials and workmanship
for a period of 12 months after the date of delivery or completion or commissioning,
whichever comes first and in accordance with Clause 19.2 below.
2. If any defect in design, materials or workmanship occurs, the Customer will be
entitled to have the defective product repaired, without claiming any additional
amount in compensation. PlayFountain may choose to replace the product if repairing
it poses problems. The Customer will only be entitled to a replacement product if the
product cannot be repaired.
3. During the 12-month period following the date of delivery or completion or
commissioning, whichever comes first, PlayFountain shall be liable for any loss and
damage caused by a defect in the products supplied, subject to a maximum equal to
the amount invoiced and paid. Any such liability will arise only if PlayFountain fails to
remedy the defect within a reasonable period of time after having received written
notice of the defect from the Customer.
4. The warranty hereunder does not cover any loss or damage caused by any improper
use or failure by the Customer to follow operating instructions, user manuals, and/or
specifications supplied by PlayFountain in connection with the products.
5. Defects in design, materials or workmanship occurring within the warranty period
must be reported to PlayFountain in writing within 14 days of discovery, failing which
PlayFountain may charge the costs of repair to the Customer.
Clause 11. Retention of Title
1. Products supplied by PlayFountain under a (rental, purchase or other) contract shall
remain the property of PlayFountain until such time as the Customer has complied
with or performed all obligations under all contracts entered into with PlayFountain,
being amongst others:
– The obligation(s) assumed in consideration for the product or products supplied;
– The obligation(s) assumed in consideration for the services (to be) provided by
PlayFountain under the purchase contract(s);
– Any other claims which PlayFountain may have against the Customer.
2. Products supplied by PlayFountain which fall within the retention of title clause
above may only be resold by the Customer in the normal conduct of its business
operations – only after Customer has obtained a written permission from PlayFountain
to do so – and the Customer shall not be permitted to pledge or otherwise encumber
or charge the products before it has acquired title to those products.
3. If the Customer fails to comply with its obligations or if there are good reasons to
fear an event of non-compliance, PlayFountain may repossess or instruct others to
remove the products that are subject to a retention of title referred to in Clause 11.1
from the Customer or any third party holding the products for the Customer. The
Customer shall lend its full cooperation to any such measure, failing which the
Customer immediately shall forfeit a penalty that cannot be mitigated equal to 10% per
day of the amount owing by the Customer.
4. The Customer agrees to insure all products to which PlayFountain has retained title
against all types of damage, including but not limited to personal injury in whatever
form, including fire, explosion, flooding and other water damage, against damage
caused by vandalism, and against theft, all at a new-for-old value and further agrees to
provide the relevant insurance policy to
PlayFountain for inspection at the latter’s first request. The Customer must have a
clause included in the insurance policy providing that PlayFountain shall be entitled
directly to the insurance money in the event of any loss or damage.
5. Furthermore, the Customer agrees, at PlayFountain’s first request:
– To pledge to PlayFountain in the manner prescribed by Section 3:239 of the Dutch
Civil Code any and all claims which the Customer may have against insurers in
connection with products that are subject to a retention of title;
– To pledge to PlayFountain in the manner prescribed by Section 3:239 of the Dutch
Civil Code all claims which the Customer may have against its own customers when
reselling products that are subject to a retention of title;
– To identify the products to which PlayFountain has retained title as property of
– To lend its full cooperation to any and all reasonable precautions taken or ordered by
PlayFountain to protect the relevant products, provided that any such measures do
not unreasonably hinder the normal business operations of the Customer.
Clause 12. Defects and Complaints
1. The Customer must inspect all products purchased or installed on delivery or
completion in order to verify whether the products delivered conform to the contract
and these General Terms and Conditions or, in other words:
– Whether the right products have been delivered under the contract and/or these
General Terms and Conditions;
– Whether the products delivered conform to the agreed specifications in terms of
– Whether the products delivered meet the agreed quality standards.
2. Any visible defects or flaws which are discovered or should reasonably have been
discovered on inspection must be reported to PlayFountain in writing within 14 days of
delivery or completion, failing which the Customer shall have no remedy.
3. Hidden defects which the Customer could not reasonably have discovered during
inspection must be reported to PlayFountain in writing within 14 days of discovery, but
not later than three months after delivery or completion. On expiry of said 3-month
period, unless the defect is covered by the warranty of Clause 10 and the warranty is
invoked on time, the Customer shall have no remedy.
Having filed a complaint in a timely fashion shall not release the Customer from its
obligation to pay and accept orders placed. The Customer shall be entitled only to
delivery of the products under the contract and these Terms and Conditions, unless
PlayFountain fails to perform within a reasonable time period after having received the
written complaint and the defect is material, in which case the Customer shall have
the right to rescind the contract.
Clause 13. Price Changes
1. Should any circumstances occurring after the date of the contract give rise to any
increase in the costs of materials and/or wages payable by PlayFountain, PlayFountain
may reflect the increase in the price agreed with the Customer. If the price increase
exceeds 10% of the overall price agreed between the parties, the Customer may
rescind the contract, without any liability for PlayFountain to compensate the
Customer for loss and damage.
2. If a price quotation contains a miscalculation the erroneous nature of which should
reasonably be obvious to the Customer, PlayFountain may adjust the price after
having discovered the mistake. The final sentence of Clause 13.1 shall not apply in these
3. If a rental agreement is entered into for a period of more than one year,
PlayFountain may adjust the rental fee yearly on the basis of the most recent
Harmonized Index for Consumer Prices – All Products (HICP).
Clause 14. Assembly and Transport
1. Unless otherwise agreed in writing, the price agreed between the parties does not
include the costs of assembly and of transport of the products and materials supplied
2. The Customer shall provide PlayFountain well before the time of assembly with a
drawing indicating the location where the products and materials are to be
assembled, as well as a
description of all relevant local conditions. If the Customer fails to have provided a
drawing with clear and correct markings indicating the location of cables and pipes,
underground and aboveground wires, etc. before commencement of the work by
PlayFountain, PlayFountain shall not be liable for any loss or damage caused to such
infrastructure or for the consequences thereof.
3. PlayFountain shall not be liable for any loss or damage caused during the process of
(dis)assembly or after installation – whether handled by PlayFountain or any other
party – to grass, plants, crops, access roads, road surfaces or other property, such as the
soil underneath the products supplied by PlayFountain, with the exception, however,
of loss or damage to cables, pipes and wires as referred to in Clause 14.2 under the
4. The Customer shall, at PlayFountain’ first request, take precautions to prevent third
parties from having access to the site whilst work is in progress. PlayFountain shall in
no event be liable for any loss or damage caused by or to third parties during the
Clause 15. Payment
1. Unless otherwise agreed, amounts due shall be paid in the manner indicated by
PlayFountain. Unless otherwise agreed, payment shall be made before delivery of the
agreed products on the date specified by PlayFountain. In case of any late payment,
the Customer shall be charged default interest on the outstanding amount at the
applicable statutory interest rate plus 2%. The Customer shall by operation of law be in
default on expiry of the deadline for payment stated in PlayFountain’s invoice, without
the need to be declared in default.
2. Upon any liquidation, bankruptcy or moratorium on payments of the Customer, the
Customer’s debts shall become immediately due and payable in full.
3. Payment shall be made without deduction or discount and the Customer shall not
be entitled to set off any of its debts to PlayFountain against amounts owing by
PlayFountain or suspend any of its payment obligations towards PlayFountain.
4. Payments by the Customer shall be used firstly to pay interest and costs and
secondly to pay outstanding invoices, starting with the oldest one even if the
Customer specifies that the payment concerns a later invoice.
Clause 16. Permissions and Other Local Conditions
1. The Customer shall be responsible for obtaining at its own expense any and all
permits, permissions, and exemptions, as amended from time to time, required in
connection with the facilities and accessories to be supplied and shall give
PlayFountain timely written notice of the requirements to which PlayFountain’s
products must conform. PlayFountain cannot be held responsible for any nonconformity,
however, unless PlayFountain has warranted in an additional written
agreement that its contractual performance meets the requirements under the
permit, permission or exemption granted. The Customer shall be solely responsible for
compliance with the terms and conditions of the permit, permission or exemption
granted for the products supplied.
2. If the products supplied by PlayFountain cannot be commissioned on the grounds
that they do not conform to the requirements under the permit, permission or
exemption granted, the consequences shall be for the Customer´s risk and expense.
The agreed price shall remain fully payable.
3. PlayFountain does not accept any liability whatsoever if the products delivered
cannot be commissioned after delivery due to external circumstances other than as
referred to in Clauses 16.1 and 16.2, such as weather conditions, demonstrations, or
noise pollution. In such circumstances, the agreed price shall remain fully payable.
4. The PlayFountain is equipped with water filtration sets and an automatic water
purification system as also used in swimming pools. This for the purposes of safety
related to the use of water(quality). If used in a proper way under normal
circumstances the PlayFountain technology will protect against hazardous situations
for the users. PlayFountain however explicitly rejects any liability or claims by
Customers or third parties caused or supposedly caused by water quality issues. The
Customer shall be solely responsible for compliance with all (public) health issues and
the Customer will hold PlayFountain completely harmless for any and all claims
related to water quality or other (public) health issues. The Customer will perform
periodic checks of the water quality (in accordance with the customary rules of local
government) in order to verify whether the water quality is in accordance with the
appropriate (safety) standards and to put out of order the installation in the event the
water quality is shown to be below or not in accordance with the appropriate (safety)
Clause 17. Specific rental provisions
1. Without prejudice to any of the other General Terms and Conditions outlined in
these General Terms and Conditions, the provisions below apply to the rental of
facilities, materials and products by PlayFountain.
2. The facilities, materials and products which the Customer rents from PlayFountain
(“Rental Equipment”) are and remain the property of PlayFountain. PlayFountain may
sell the Rental Equipment or encumber it with personal or real rights. PlayFountain
may also assign all or part of its rights and obligations under a rental agreement
entered into under these Terms and Conditions to a third party.
3. Without PlayFountain’s consent, the Customer may not commercially exploit or
store the Rental Equipment at any places other than the agreed locations.
4. Without PlayFountain’s consent, the Customer may not sub-lease the Rental
Equipment or otherwise grant any third parties a right of use to the Rental Equipment
outside of the country in which the Customer is based, or other area designated in the
5. Without PlayFountain’s consent, the Customer may not pledge or otherwise create
any security interest or other personal or real right in the Rental Equipment.
6. The Customer shall, on first request, grant and assign to PlayFountain for no
consideration any real right which PlayFountain may require (such as a right of way
and/or right of superficies) in connection with the Rental Equipment and, where
necessary, its fixtures and fittings. The relevant real rights will be created between the
parties on the basis of the standard contracts of PlayFountain.
7. The rental agreement shall terminate automatically at the end of the rental period,
unless both parties sign a written declaration of renewal.
8. PlayFountain may remove the Rental Equipment on expiry of a rental period.
9. The Customer shall be obliged to allow persons designated by or on behalf of
PlayFountain to service, repair and/or remove the Rental Equipment.
10. The Customer must ensure that the Rental Equipment is well accessible, as
determined in PlayFountain’s sole discretion. If receiving any written reminder or
notice of default from a third party, PlayFountain shall be authorized to remove or
instruct others to remove any obstacles at the Customer’s sole expense.
11. The Customer shall, for no consideration, provide such a location for installation of
the Rental Equipment as will meet the specifications of the Customer as well as the
requirements of PlayFountain. The Customer shall be responsible for all costs incurred
in making the location compliant with PlayFountain’s requirements. PlayFountain
shall not be under any obligation to adjust the location to the Customer’ specifications.
12. The Customer shall be responsible for the costs of assembling the Rental
Equipment, including amongst others the installing- and placement costs as specified
in the price quotation.
13. If the Customer does not own the (business) premises where the Rental Agreement
is to be assembled, the Customer guarantees that the owner consents to all activities
that are considered necessary or appropriate by PlayFountain, whether for its own
purposes or that of others, in order to assemble, replace, move, extend, alter, or remove
the Rental Equipment. PlayFountain may require the Customer to present a written
declaration from the owner.
14. If the Rental Equipment is to be re-assembled, moved, disassembled or removed at
any time during the rental period at the Customer’s request, the costs involved shall be
at the Customer’s expense.
15. If the rental agreement is not renewed or otherwise continued on expiry of a rental
period and PlayFountain decides to remove the Rental Equipment in accordance with
Clause 17.12, the costs of the removal shall be paid by PlayFountain. On any such
removal at the end of a rental period, PlayFountain shall leave the location behind in
the best possible condition. The Customer shall be responsible for the costs of
restoring the location to its original state of repair and for the removal of parts of the
system other than the Rental Equipment (such as cables and pipes).
16. If the Rental Equipment is to be adjusted in the course of a rental period at the
Customer’s request, the rental agreement shall be deemed to cover the Rental
Equipment as adjusted. The Customer shall be responsible for the costs of making the
relevant adjustments. Furthermore, subject to Clause 17.3, the Customer shall pay the
indexed rental fee as specified in PlayFountain’s quote for the Rental Equipment.
17. PlayFountain shall be under an obligation to keep the Rental Equipment in a good
state of repair during the term of the rental agreement.
18. All servicing will take place during regular office hours, where possible, and will be
scheduled in consultation with the Customer. If any servicing is to take place outside
regular working hours, the Customer shall pay the extra costs, such as overtime pay
and public holiday and weekend surcharges. The Customer shall lend its full
cooperation, at no charge, to any maintenance and fault-clearing work.
19. In derogation of Clause 12, faults in the Rental Equipment must be reported to
PlayFountain via its general service number within 24 hours of the time the fault
occurred or was or should have been discovered by the Customer.
20. The Customer must use the Rental Equipment with all due care and in accordance
with its nature and purpose of use.
Clause 18. Costs of Collection
If the Customer defaults on any of its obligations, all actual judicial and extrajudicial
costs incurred in enforcing the relevant claims shall be borne and paid by the
Customer. As regards the extrajudicial costs, the Customer shall be liable in all cases to
pay a percentage of the invoice as specified in the Dutch Extrajudicial Collection Costs
Decree (“Besluit Vergoeding voor Buitengerechtelijke Incassokosten”). Where
PlayFountain can prove that it incurred higher costs, the higher amount will also be
eligible for reimbursement in full.
Clause 19. Work
1. Any changes in the contract for work requiring PlayFountain to produce and deliver
any tangible work to the Customer either on the basis of an assignment for extra work
or as a result of external circumstances or errors in the information provided by the
Customer shall be treated as additional work if it involves extra costs. Additional work
will be charged to the Customer on the basis of hours worked and the costs of
2. The work contracted will be deemed completed if it has been fully executed or
assembled and PlayFountain has given the Customer written or oral notice of
completion. The work contracted will also be deemed completed if the product has
been delivered to the Customer in accordance with Clause 3. Completion shall not in
any way affect the provisions of Clauses 10 and 12.
3. If any element cannot be delivered at the time of completion of the entire work
through no fault of PlayFountain’s, the work that has been executed can nonetheless
be delivered and the Customer shall lend its full cooperation thereto.
4. PlayFountain does not accept any liability whatsoever for systems not assembled by
or on the instructions of PlayFountain.
Clause 20. Liability
The Customer indemnifies and holds PlayFountain harmless from any and all loss and
damage resulting for PlayFountain from any third-party claims related to or arising
from the contract between PlayFountain and the Customer. PlayFountain shall only be
liable to the Customer on the following terms:
1. Liability for loss or damage caused by defects in the products supplied is governed
exclusively by Clause 10 above;
2. Liability for direct loss or damage caused by any gross negligence or wilful conduct
on the part of PlayFountain’s personnel is subject to a maximum of EUR 15,000 per
incident or series of related incidents;
3. Liability for loss or damage in any way resulting from water or power cuts or weather
conditions and/or any indirect or consequential loss or damage, including loss of
profits, is expressly excluded;
4. As the responsibility for acting in accordance with the manual lies with the
Customer, liability for loss of damage in any way resulting from claims relating to
water(quality), bacterial or otherwise, is expressly excluded;
5. All liability is limited to the maximum amount paid out under PlayFountain’s
6. If PlayFountain’s insurance does not provide cover or payment under the insurance
is refused, PlayFountain’s liability will be limited to fifty percent of the amount invoiced
and paid or, if any such limitation is not valid, to the amount invoiced and paid;
7. All loss or damage must be reported to PlayFountain in writing, with
acknowledgment of receipt, as soon as possible but no later than 7 days after the
incident. PlayFountain shall not be liable to pay damages for any loss or damage not
reported as required.
Clause 21. Force Majeure
1. Force majeure is defined for purposes of these General Terms and Conditions as any
event outside PlayFountain’s control which impedes performance of any obligation.
Insofar as they render performance impossible or unreasonably onerous, events of
force majeure include:
I. Strikes in companies other than PlayFountain or wildcat or political strikes at
II. A general shortage of raw materials, generators and/or aggregates or other goods or
services required to perform as agreed;
III. Unforeseeable weather and site conditions, unforeseeable interruptions in supplies
by third parties who are indispensable to PlayFountain and general transport
2. PlayFountain may also invoke an event of force majeure if the event impeding
(further) performance occurs after PlayFountain should have performed.
3. During an event of force majeure, all delivery and other obligations of PlayFountain
shall be postponed without PlayFountain consequently being in default towards the
Customer. If the event of force majeure exceeds a period of six months, the contract
may be rescinded by either party without liability to pay damages.
4. To the extent that PlayFountain already performed part of its obligations or can
perform only part of its obligations on the occurrence of an event of force majeure,
PlayFountain may separately invoice the Customer for the relevant part and the
Customer shall pay that invoice as if it concerned a separate contract, provided that no
such obligation shall exist if the part delivered or to be delivered has no value in and of
itself. Amounts already paid can be recovered only if the Customer rescinds the
contract on expiry of the term stated in Clause 21.3.
Clause 22. Dispute Resolution
1. In derogation of the statutory rules governing jurisdiction in civil matters, any and all
disputes between the Customer and PlayFountain shall be settled by the appropriate
court having jurisdiction in the Netherlands (including the court in summary
proceedings) having subject-matter jurisdiction over the dispute submitted.
2. If any judgment or order by a court referred to in Clause 22.1 is to be enforced in any
country outside the Netherlands, the Customer shall not resist the relevant
enforcement proceedings and lend its full cooperation to the formalities required.
Clause 23. Governing Law
All legal relations between the parties shall be governed exclusively by Dutch law,
including the rules with direct effect under European law, but excluding the rules of
Dutch private international law (including the UN Convention on Contracts for the
International Sale of Goods (CISG)) to the extent that those rules provide for a choice of
law other than the law applicable under this Clause.
Clause 24. Amendments
PlayFountain may amend these Terms and Conditions from time to time.
Amendments shall take effect on the date specified in the notice of amendment.
PlayFountain shall provide the Customer with a copy of the amended Terms and
Conditions in a timely fashion. If no effective date is specified, amendments shall take
effect as soon as notice of amendment is given to the Customer.
These general conditions have been filed with Chamber of Commerce on 23 May 2013
under number 57740615.