The parties listed below – the contractor and the client agree on the following:
Article 1. Job description
- Client rents the capacity of Robot One on a daily basis with the aim of cultivating agricultural land.
- The operation of the robot is provided and supervised by a Pixelfarming Robotics operator.
- In the first hour after arrival at the work location on site, in which Robot One is set up in consultation with the client; crop, track width and processing, the client determines whether the order will be definitively accepted.
- A working day covers a maximum of 8 hours in which the setting and adjustment of the Robot One is counted as part of the working day.
Article 2. Payment and installments
- The costs for renting Pixelfarming Robot One including operator are € 995 per working day, excluding sales tax.
- If the order is not taken after the first hour, an expense allowance of € 100 excluding sales tax has been agreed.
- For a definitive assignment, at least a full working day will be charged.
- Client is obliged to pay the invoice within 14 days.
- If canceled within two weeks before the agreed start date, 50% of the agreed amount will be charged.
- In the event that an agreement has been entered into with several clients, they are all jointly and severally liable for the fulfillment of the contractual obligations.
Article 3. Force of the majority
- The Contractor is entitled to suspend the performance of its obligations for the duration of a force majeure situation.
- Force majeure can never be a ground for compensation to the client.
Article 4. Contractor’s obligations
- The Contractor undertakes to adjust the PixelFarming Robot One on site to the desired crop, processing and working depth for optimal weed removal.
- Setting up and possibly adjusting the PixelFarming Robot One as referred to in 4.1 is part of the agreed working day.
- The contractor undertakes to serve the client as well as possible in order to have the desired operation (s) carried out by the PixelFarming Robot One.
Article 5. Obligations of the client
- Client is present at least the first hour of the commissioning of PixelFarming Robot One at the location designated by him where the work must be carried out. After the final assignment, the client can leave the location, but it must be available on call.
- Client gives permission to use his experiences with the use of the PixelFarming Robot One to improve the work of the robot.
- Client will, where applicable, inform contractor in writing about important circumstances and present obstacles and risks, such as the condition of the soil, (ground) water level and plot restrictions (water abstraction area, nature protection area etc).
- Client provides information in advance about the area to be worked, the location, relevant size and relevant crop (s).
- Client ensures that the site where the agreement is executed is easily accessible, to be assessed in consultation with the contractor.
Article 6. Delivery and warranty
- The work is considered to have been delivered when the client has given a definitive order on location after the first hour and the requested work, which is possible within the 8-hour working day, has been performed as well as possible by the contractor.
- An effort obligation applies, not a result obligation.
- If the client is not present during the work to oversee the quality of the work, the quality of the work delivered cannot be claimed afterwards.
- Completion of work can only be done by authorized persons.Agreements with employees working for the client are not binding on the contractor.
Article 7. Liability
- The contractor limits his liability to damage suffered by the client as a result of intent or gross negligence on the part of the contractor, and with due observance of the following articles.
- Damage for which liability is expressly excluded:
- consequential damage, including for example business damage, stagnation damage and lost profit;
- structural decay of the soil;
- damage to crops.
- Client must insure itself against damage as mentioned in article 7.2.
- The liability is limited to a maximum of the invoice amount of the relevant work.
Article 8. Advertising run
- Visible damage must be reported to the contractor in writing within 24 hours of the actual performance of the work.
- After expiry of this period, the right to complain expires.
- Claiming claims does not cancel the payment obligation.
Article 9. Public road
- Client must take care of cleaning and keeping the public road clean before, during and after work when the public road is used for the work.
- The contractor is not responsible for the consequences of not keeping the public road clean.
Article 10. Right forum
- Dutch law applies to all agreements.