Terms & Conditions

CHAPTER 1 - GENERAL 

  1. Definitions 

In these General Terms and Conditions, the following definitions are used (where the singular also implies the plural): 

1.1. General Terms and Conditions: these general terms and conditions. 

1.2. Day: calendar day. 

1.3. Customer: the contracting party of Lowlander. 

1.4. Lowlander: user of these General Terms and Conditions, being Lowlander Beer Co B.V., or a related entity. Lowlander Beer Co B.V. is located at Gedempt Hamerkanaal 201, 1021 KP Amsterdam (Chamber of Commerce number 64409821). 

1.5. Agreement: all agreements between Lowlander and the Customer regarding the purchase of the Products and/or the loan of Products provided by Lowlander to the Customer. 

1.6. Parties: Lowlander and the Customer. 

1.7. Product: all products offered and delivered by Lowlander, including its beers and/or other beverages and related products and/or services, including the delivery of its Products and products or materials provided on loan. 

1.8. Written: by post or email. 

  1. General provisions 

2.1. These General Terms and Conditions apply to and form part of all quotations, offers, and agreements of Lowlander. 

2.2. The applicability of the Customer's general terms and conditions is expressly excluded. 2.3. The Customer declares to have received a copy of these General Terms and Conditions of Lowlander no later than the time of the conclusion of the Agreement. 

2.4. Lowlander reserves the right to unilaterally amend these General Terms and Conditions. In that case, Lowlander will inform the Customer of the amended provisions. The changes will then become part of the contractual relationship with the Customer. 

2.5. In case of any inconsistency between the text in these General Terms and Conditions and the text in the Agreement, the text of the Agreement shall prevail. 

2.6. If Lowlander does not (immediately) exercise its rights under the Agreement and/or these General Terms and Conditions at any time, this shall not affect its right and ability to do so (later) in the future. 

2.7. If any provision of the Agreement or these General Terms and Conditions is found to be null or void, the Agreement and the General Terms and Conditions shall remain in force. The Parties shall then enter into consultations to agree on a new provision to replace the null or void provision. This new provision must be in accordance with the purpose and scope of the null or void provision. 

  1. Offers 

3.1. All offers and quotations from Lowlander are non-binding – even if a period for acceptance is included in the offer or quotation – and are made based on the prices and specifications applicable at the time of the offer.

3.2. Lowlander reserves the right to make changes to its assortment and/or its Products, as depicted and described on its website, in brochures, and/or in other documentation, at any time. 3.3. If Lowlander shows a sample or example, this is merely indicative and no rights can be derived from it. The Products to be delivered may deviate from the sample or example, in the sense that the delivered Products may be new versions and/or modified versions. 

  1. Conclusion of the Agreement 

4.1. An Agreement between Lowlander and the Customer is only concluded when Lowlander confirms this in writing or when Lowlander executes the Customer's order. 

4.2. The acceptance by the Customer of Lowlander's offer is irrevocable. Lowlander is not bound by any changes made by the Customer in the acceptance of the offer or quotation, unless agreed upon in writing. 

4.3. Lowlander is entitled to engage third parties in the context of the execution of the Agreement. 4.4. Agreements made with or commitments made by subordinates of Lowlander, or intermediaries and/or third parties engaged by Lowlander, only bind Lowlander if Lowlander has confirmed these agreements or commitments in writing to the Customer. 

4.5. Lowlander is entitled to require the Customer to purchase a certain minimum quantity/volume of the Products. Lowlander has the right to refuse orders that do not meet the minimum purchase requirement. 

  1. Beverage Purchase Obligation 

5.1. Unless otherwise agreed in writing, the Customer shall purchase the Products from Lowlander for a period of at least [5] years from the conclusion of the Agreement. 

5.2. If the Customer sells, leases, or transfers its business or enterprise in any other way, the Customer is obliged to pass on the applicable purchase obligation to the buyer, tenant, operator, or other acquiring party in the same manner in writing, so that the purchase obligation is complied with. The Customer shall provide evidence of these agreements to Lowlander upon request. 

  1. Cancellation 

6.1. The Customer may only cancel a given order and the related Agreement with the written consent of Lowlander. Lowlander may, as an exception, accept a cancellation of the Agreement. If the Customer cancels an Agreement in whole or in part without the written consent of Lowlander, the Customer shall be obligated to compensate Lowlander for all reasonably incurred costs (preparation costs, orders with third parties, storage, commission, etc.) related to the execution of the Agreement, Lowlander's work, and loss of profit by Lowlander, plus VAT, without prejudice to Lowlander's right to full compensation for loss of profit, as well as any other damages resulting from the cancellation. 

6.2. Lowlander may cancel a (confirmed) Agreement. Lowlander may in any case cancel an Agreement if (non-exhaustive): 

  1. there is an erroneous price (obvious mistake); 
  2. Lowlander is convinced that it cannot guarantee the quality of the Agreement to be performed; or 
  3. Lowlander is convinced that the Agreement will not meet the Customer's expectations. Lowlander shall notify in writing if it wishes to cancel the Agreement. If the Customer still wishes to execute the Agreement in the situations mentioned under (b) and (c), the Customer's right to claim, return, and receive a refund shall be waived.
  4. Duration of the Agreement 

7.1. The Agreement is entered into for a period as further indicated in the Agreement. 7.2. If the Agreement is entered into for a certain period of time, the Agreement shall terminate after the agreed duration or, if the Agreement is entered into for certain activities and/or an assignment, the Agreement shall terminate upon completion thereof, unless otherwise agreed upon in writing between the Parties. 

  1. Amendment of the Agreement 

8.1. If during the execution of the Agreement it becomes necessary to modify or supplement the Products to be delivered for proper execution, the Parties shall amend the Agreement in a timely manner and by mutual agreement. 

8.2. If the Parties agree to modify or supplement the Agreement, this may affect the completion time of the execution. Lowlander shall notify the Customer thereof as soon as possible. 

  1. (Personal) Data 

9.1. The Customer guarantees that it will provide Lowlander with all relevant information for the Agreement, including, but not limited to, all information and other (personal) data, which the Customer can reasonably understand to be necessary for the execution of the Agreement. 

9.2. The Customer is responsible for the accuracy, timeliness, completeness, and reliability of the (personal) data and information provided by or on behalf of the Customer to Lowlander. 9.3. If necessary (personal) data for the execution of the Agreement are not provided to Lowlander, not provided in a timely manner, or not provided in accordance with the agreements, Lowlander shall not be liable for any damages suffered by the Customer and Lowlander shall have the right to charge the Customer for the costs incurred by Lowlander thereby and to suspend the execution of the Agreement. 

9.4. Lowlander handles personal data carefully and acts in accordance with the provisions of the General Data Protection Regulation. For more information regarding the use of personal data by Lowlander, Lowlander refers to its online privacy statement. 

  1. Prices 

10.1. All prices are in euros, including excise duties & ABB (Beverage Packaging Tax), and excluding VAT, taxes, deposit fees, return packaging handling fees, and delivery costs, unless otherwise stated in writing. 

10.2. The price quotations and quotations of Lowlander are leading, subject to any price increases. Lowlander is entitled to change its prices at any time. 

10.3. If circumstances arise after the conclusion of the Agreement and before the delivery of the Products that affect the determination of the price of the Products – including, but not limited to, cost increases due to wage or wage-related costs, social contributions, material and/or product acquisition costs, raw material prices, energy costs, environmental regulation costs, currency regulations, changes in customs duties, freight rates, or public levies – Lowlander is entitled to unilaterally determine the then-applicable price, to the extent that this is reasonable. In that case, Lowlander will inform the Customer thereof in writing. In this regard, price increases of up to 20% compared to the price agreed upon in the Agreement are deemed reasonable and will be passed on to the Customer. If there is a price increase above the aforementioned percentage, the Parties will enter into consultations regarding the price, and the Customer shall have the right to cancel

any partially executed Agreement within a period of 3 Days after receiving the written notice from Lowlander regarding the price increase. If the Customer cancels the Agreement, Lowlander shall not be liable for any damages to the Customer, and the Customer shall pay Lowlander for the already executed part of the Agreement and the reasonable costs incurred in that regard. 

  1. Discount- and/or bonus scheme 

11.1. Discounts granted to the Customer based on the Customer's turnover are calculated on only the portion of the turnover achieved through the normal sale of the Products. 

11.2. Discounts and/or bonuses are personal, and a Customer is not entitled to a discount and/or bonus solely because another Customer is entitled to it. 

11.3. The Customer is not entitled to discounts or bonuses for a calendar year if it has not fulfilled all its obligations under the Agreement for that calendar year. 

11.4. Only one promotion or discount can be used on a Product at a time. Products eligible for promotions are not included in the calculation of a discount. 

11.5. For the determination of discounts and/or bonuses, the administration of Lowlander is leading, unless proven otherwise by the Customer. 

11.6. The Customer cannot derive any rights from bonuses, discounts, or offers previously provided by Lowlander. 

  1. Payment 

12.1. If applicable, prices will be invoiced as further indicated in the Agreement. 12.2. The payment term for invoices from Lowlander is 14 Days after the invoice date unless otherwise agreed upon in writing. 

12.3. Lowlander may demand advance payment of the invoice at any time. 

12.4. All costs owed by the Customer to Lowlander are allocated in order of maturity for payment of 1) costs, 2) interest, and 3) principal sums. 

12.5. Once the payment term as described in article 12.2 has expired unused, the Customer immediately defaults, and the Customer shall pay Lowlander a compensation equal to 5% per month, all judicial costs, and all extrajudicial costs, calculated in accordance with the Extrajudicial Collection Costs Scale, with a minimum amount of €100,-. 

12.6. The Customer is not entitled to set-off or deductions or suspension. 

12.7. If the Customer defaults or in case of liquidation, (application for) bankruptcy, attachment, or (provisional) suspension of payments or arrangements based on the WHOA, all (future) claims by Lowlander against the Customer are immediately due and payable. 

12.8. Lowlander's (future) claims against the Customer become immediately due and payable if Lowlander has valid reason to believe that the Customer will not fulfill its obligations or if provided security proves insufficient. If any of these situations occur, Lowlander is also entitled to suspend any further performance until it is assured of payment for this performance, without prejudice to Lowlander's right to claim damages. 

12.9. Objections to the amount of the invoices do not suspend the payment obligation. 

  1. Delivery period 

13.1. The indication of a delivery time by Lowlander is only indicative (not a firm deadline), unless explicitly agreed otherwise in writing between the Parties. In case of exceeding a deadline, the Customer must notify Lowlander in writing of default.

13.2. Exceeding the (expected) delivery time will not result in default or liability for Lowlander. In case of exceeding the delivery time, Lowlander will notify the Customer thereof and inform the Customer about the new delivery time. 

13.3. If Lowlander does not deliver within the new delivery time, the Customer's sole and exclusive remedy is to dissolve the relevant unexecuted parts of the Agreement, without the Customer being entitled to compensation for damages and/or costs. 

13.4. The delivery time starts on the latest of the following moments: 

  1. the day of conclusion of the Agreement; 
  2. the day of receipt by Lowlander of the information necessary for the execution of the Agreement; or 
  3. the day of receipt by Lowlander of what, according to the Agreement, the Customer needs to pay in advance. 
  4. Delivery and risk 

14.1. Unless otherwise agreed in writing, delivery takes place [Ex Works] (Incoterms most recent version). 

14.2. If the Products cannot be delivered on the agreed delivery date because the Customer refuses the Products or fails to accept delivery, this is considered as the moment of delivery and the moment when the risk regarding the Products passes from Lowlander to the Customer. In this case, Lowlander is entitled to store the Products at the Customer's risk and expense. Lowlander will not make the Products available until the Customer has paid the additional costs of transport and storage. If the Customer does not accept the Products within 1 month from the originally agreed delivery date, Lowlander, after notice, is entitled to deliver the Products to other customers or otherwise dispose of the Products, without prejudice to Lowlander's right to recover from the Customer the costs associated with storing the Products and the non-acceptance by the Customer, as well as any damages. 

14.3. Lowlander is entitled to deliver Products in partial deliveries. If Lowlander makes partial deliveries, Lowlander may invoice per partial delivery. 

14.4. If the production of Lowlander is limited for any reason, Lowlander has the right to distribute the available production and Products entirely at its own discretion among its customers, and this may result, depending on the given situation, in fewer Products being delivered to the Customer than agreed upon in the Agreement[, or only a portion of (a) Product(s) being delivered,] without any responsibility or liability arising for Lowlander towards the Customer for any resulting damages. 

  1. Reservation of ownership 

15.1. All Products delivered by Lowlander remain the property of Lowlander until the Customer has fulfilled all obligations arising from the Agreement concluded between the Parties. 15.2. The Customer is not authorized to sell, pledge, or otherwise transfer or encumber the Products falling under the reservation of ownership unless this is done in the normal course of the Customer's business with prior explicit written consent from Lowlander. This article has proprietary effect within the meaning of article 3:83 of the Dutch Civil Code. 

15.3. The Customer must store Products held by the Customer from Lowlander in such a way that they can be recognized as Lowlander's Products and insure the Products against fire, water damage, and theft. The Customer shall provide Lowlander with a copy of its insurance policies upon request. 

15.4. If third parties seize the Products delivered under reservation of ownership or wish to establish or enforce rights on them, the Customer is obliged to notify Lowlander thereof as soon as possible.

15.5. In the event that Lowlander wishes to exercise its ownership rights as described in this article, the Customer hereby unconditionally and irrevocably grants Lowlander or designated third parties permission to enter all places where Lowlander's properties are located and to take back those items. 

  1. Return packaging 

16.1. Return packaging remains the property of Lowlander upon delivery. 

16.2. Lowlander will charge a deposit and a return packaging handling fee for the return packaging. The paid deposit cannot be considered as compensation for the real value of the return packaging. 16.3. The return packaging may not be used by the Customer for purposes other than those for which it is intended. 

16.4. The Customer must return the return packaging to Lowlander as soon as possible after use – in a correct manner. Upon delivery of the Products, the Customer must allow Lowlander to take back any return packaging owned by Lowlander. If the return packaging is not offered to Lowlander in a correct manner, Lowlander is not obligated to refund the return packaging handling fee. 

16.5. If the return packaging is returned damaged, Lowlander is not obligated to refund the deposit to the Customer. 

  1. Intellectual Property 

17.1. All intellectual property rights including, but not limited to copyrights, trademark rights, patents, database rights, moral rights, or any other comparable rights or forms of protection on the Products, software, user interfaces, software, analyses, designs, methodologies, reports, models, images, drawings, photographs, prototypes, printed matter, files, websites, website content, and the like, including customization and adjustments made at the request of the Customer, are exclusively owned by Lowlander and its licensors. No intellectual property rights are granted to the Customer concerning the Products. 

17.2. Lowlander is entitled to use Products developed on behalf of the Customer for its portfolio, publicity, and promotion purposes. 

17.3. The Customer may only use the trade and service marks of Lowlander [and its licensors] to the extent necessary to use the Products. Such use does not grant the Customer ownership or any other usage rights, unless otherwise specified in the Agreement. The Customer may not remove or make illegible any indications of Lowlander as the rights holder. 

17.4. Lowlander indemnifies the Customer against claims from third parties based on the assertion that Products developed by Lowlander itself infringe upon a third party's intellectual property rights, provided that the Customer promptly notifies Lowlander in writing of the existence and content of the claim and leaves the handling of the matter entirely to Lowlander. 

17.5. If it is irrevocably established by a court that Products developed by Lowlander itself infringe upon any intellectual property rights belonging to a third party, or if Lowlander reasonably believes that there is a substantial chance of such infringement occurring, Lowlander will, as soon as possible, at its own discretion, ensure that the Customer can continue to use the delivered Products, or functionally equivalent other Products, for example, by adjusting the infringing parts or by obtaining a license for the Customer from the third party, or repurchase the Product for the original price paid by the Customer, reduced by reasonable depreciation, or terminate any Agreement to the extent it relates to the relevant Product.

  1. Complaints 

18.1. The Customer is obliged to check the delivered Products for conformity at the time of delivery. In doing so, the Customer must, among other things, examine whether the quality and quantity of the delivered Products correspond to what has been agreed upon. 

18.2. Complaints from the Customer regarding visible defects in the Products delivered by Lowlander and/or defects that could have been detected during the inspection as referred to in article 19.1, will only be processed by Lowlander if these complaints are submitted in writing to Lowlander within 48 hours of delivery, stating a description of the defect. 

18.3. Complaints from the Customer regarding non-visible defects in the Products delivered by Lowlander and/or defects that could not have been detected during the inspection as referred to in article 19.1, must be submitted to Lowlander no later than 48 hours after the defect is discovered – or could have been discovered – up to a maximum of six months after delivery of the Products, which term shall be considered as a lapse period. 

18.4. Complaints regarding incorrectly ordered quantities, volumes, and/or types of products by the Customer will not be accepted by Lowlander. 

18.5. Complaints about invoiced prices and other complaints about invoices must be submitted to Lowlander in writing within a reasonable period of up to 8 days after the invoice date, stating a description of the nature of the complaint. Complaints about invoiced prices and invoices submitted later will not be accepted. 

18.6. Lowlander must be given the opportunity by the Customer to conduct further investigation into a complaint within 8 days after the Customer's notification of the complaint, failing which any right to remedies lapses, for this purpose, Lowlander or a third party designated by Lowlander is entitled to access to the defective Products. 

18.7. Complaints will not be processed if: 

  1. the purchase receipt for the Products is not available for inspection by Lowlander; b. there are minor deviations in quality, quantity, material, color, and other deviations deemed acceptable in the industry; 
  2. there is a deviation of the Product from an image in a catalog, brochures, and other promotional material of Lowlander or on the website; 
  3. the delivered Product has been exposed to abnormal conditions, in the broadest sense of the word, or has otherwise been handled carelessly, or in violation of Lowlander's instructions; e. the Products have not been used in accordance with the documentation, instructions, manuals, etc., provided by Lowlander; 
  4. the Product has not been used in accordance with applicable standards, regulations, safety and/or industry standards. 

18.8. In the case of unfounded complaints, Lowlander is entitled to charge the Customer for the costs of the investigation. 

18.9. Lowlander is free to choose between replacing the delivered Products free of charge, repairing the Products, or offsetting the (partial) amount of returned Products by issuing a credit note. If repair of the Products is chosen, Lowlander may – at its discretion – engage third parties. 

18.10. If the Customer wishes to return Products to Lowlander, this may only be done after written approval from, and in accordance with the contract administration of Lowlander, with the return being at the expense and risk of the Customer, unless otherwise agreed in writing. 

18.11. If the Customer returns Products without the consent of the contract administration of Lowlander, Lowlander cannot accept the Products and the return shipment will be refused upon arrival. The resulting costs will not be reimbursed by Lowlander. 

18.12. The non-conforming or defective Products become the property of Lowlander once they have been replaced or returned. 

18.13. A claim under this article does not suspend the payment obligation of the Customer.

18.14. Complaints from customers of the Customer will not be processed and will be referred back to the Customer. Only the Customer can communicate defects to Lowlander and claim the warranties provided by Lowlander. 

  1. Warranties 

19.1. Unless otherwise agreed in writing, Lowlander guarantees that the Products will maintain their quality at the time of delivery to the Customer and for a period of 12 months from the delivery date or – if this period expires earlier – until the expiry date indicated on the Product, provided that the Products have been handled and stored correctly and responsibly, taking into account their nature and purpose. If a Customer wishes to invoke a warranty from Lowlander, the Customer must submit a complaint in accordance with article 19. 

  1. Liability and Indemnities 

20.1. In the event of an attributable failure to perform on its part, Lowlander's liability for damages is limited to the amount of the invoice value of the relevant Products related to the damage. Lowlander's liability is in any case limited to the coverage provided by the (liability) insurance. 

20.2. Damage is exclusively understood as direct damage, consisting of: 1) reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions and there is actually damage and liability of Lowlander, 2) any reasonable costs incurred to ensure that Lowlander's defective performance complies with the Agreement, unless this defect cannot be attributed to Lowlander, and 3) reasonable costs incurred to prevent or limit the damage, insofar as the Customer demonstrates that it has suffered such damage, and that these costs have actually contributed to limiting the damage. 

20.3. Lowlander is not liable for indirect damage, including, but not limited to, any consequential damages suffered by the Customer such as loss of income, loss of profit, missed savings, reduced goodwill, loss of reputation, damage resulting from claims by the Customer's customers. 

20.4. A condition for any right to compensation is that the Customer reports the damage to Lowlander in writing as soon as possible after its occurrence, in accordance with the deadlines set forth in these General Terms and Conditions. Any claim against Lowlander, except for those acknowledged by Lowlander, shall expire by the mere lapse of 12 months after the claim arises. 

20.5. The Customer indemnifies Lowlander against all possible claims from third parties, including customers of the Customer, in respect of any (alleged) damage, regardless of its nature, arising from or in connection with the Agreement and/or the delivered Products. 

20.6. The Customer is responsible for complying with applicable laws and regulations regarding the purchase, use, and/or resale of the Products. The Customer cannot hold Lowlander liable for any damage and/or penalties for the Customer's non-compliance with applicable laws and regulations. 

  1. Suspension and (Interim) Termination 

21.1. Lowlander is entitled to terminate or suspend the Agreement in whole or in part immediately and without judicial intervention, in writing, without being obliged to pay damages, and without prejudice to Lowlander's right to demand performance instead of termination or suspension, and without prejudice to its right to claim damages if: 

  1. the Customer fails to fulfill its obligations and this default is not remedied within 10 Days from the dispatch date of the notice of default;
  2. circumstances come to the knowledge of Lowlander after the conclusion of the Agreement that give good grounds to fear that the Customer will not fulfill its obligations under the Agreement; 
  3. the Customer applies for (provisional) suspension of payments or is granted suspension of payments; 
  4. bankruptcy of the Customer is requested or the Customer is declared bankrupt; e. a significant portion of the Customer's assets are seized or the Customer otherwise loses control over its assets or there is liquidation or cessation of the Customer's business; f. an arrangement is made with creditors in accordance with the WHOA; 
  5. control over the Customer or over the shareholder(s) of the Customer changes in any way; or h. a comparable case as described above occurs under another national law. 

21.2. The Customer must immediately inform Lowlander of the above circumstances. 21.3. If Lowlander terminates or suspends the Agreement pursuant to this article, any (future) claims of Lowlander against the Customer become immediately due and payable. 

21.4. The principle is that the Customer cannot terminate the Agreement before the expiry of the initial term. If the Customer wishes to terminate the Agreement prematurely, the Customer must notify Lowlander in writing. Lowlander is free to refuse cooperation in the interim termination by the Customer. If Lowlander decides to cooperate in the interim termination by the Customer, all (future) claims of Lowlander against the Customer become immediately due and payable, and the Customer is obliged to pay Lowlander all (future) claims based on the remaining term of the Agreement, plus administrative costs and any retrieval costs. 

21.5. Upon termination of the Agreement, the Customer is obliged to immediately make all materials belonging to Lowlander available to Lowlander again. After the termination of the Agreement, the Customer must return these materials in their original condition, free from defects, and complete to the location indicated by Lowlander, unless otherwise agreed in writing. The foregoing is at the expense and risk of the Customer. If the Customer fails to deliver these materials to Lowlander in a timely manner, no later than 10 Days after the termination of the Agreement, Lowlander will invoice these materials to the Customer at the prevailing prices. In which case Lowlander has the right to recover the resulting damages and costs, including the costs of replacement, from the Customer. 

21.6. Lowlander is at all times entitled to terminate the Agreement in writing with a notice period of 3 months. In no event shall Lowlander be liable to the Customer for any compensation. 

  1. Confidentiality 

22.1. Parties acknowledge the confidential nature of the Agreement as well as all information and data (including personal data) obtained by them from the other Party in the context of the Agreement and shall keep such information confidential to the extent that such data is explicitly classified as confidential or can reasonably be considered confidential. This information and data may not be disclosed in whole or in part without the Written consent of the other Party. 

22.2. Article 23.1 does not apply: 

  1. if disclosure is required by any laws or regulations, or an order or instruction to disclose is given by an authority; 
  2. if the confidential information has become public on or after the date of this Agreement, other than through a attributable failure of a Party, or any unlawful act of which the relevant Party knew or could reasonably have known at the time of disclosure that it was unlawful; or 
  3. to the extent that disclosure is made to professional advisors of the disclosing party, subject to imposition of an equivalent confidentiality obligation.
  4. Force Majeure 

23.1. In the event of non-performance by Lowlander in the performance of the Agreement which non-performance is caused by force majeure, Lowlander may suspend performance of the Agreement at no cost and shall therefore not be bound by any obligation under the Agreement. If Lowlander is unable to fulfill its obligations under the Agreement due to a temporary (more than 3 months) or permanent situation of force majeure, Lowlander is entitled to terminate the Agreement at no cost without judicial intervention. The Customer shall not be entitled to any compensation for any damages, costs, and/or interest. 

23.2. In the event of force majeure, Lowlander shall inform the Customer of such a situation as soon as possible. 

23.3. Force majeure on the part of Lowlander shall, in addition to what is understood by this in legislation and case law, mean all external causes, foreseen or unforeseen, including but not limited to: 

  1. damage resulting from natural disasters and/or storm damage; 
  2. war, threat of war, and/or any other form of armed conflict including terrorism or threat thereof in the Netherlands and/or other countries which obstructs delivery of Products; 
  3. strikes, occupation of premises, forced closure of businesses, riots, and any other form of disruption and/or hindrance caused by third parties; 
  4. illness of one or more employees difficult to replace; 
  5. legislative or administrative measures by government authorities that hinder deliveries, including import and export prohibitions/obstructions; 
  6. lack and/or malfunctions in means of transport, production equipment, any machinery, or energy supplies; 
  7. restrictions or interruptions of supplies by public utility companies; 
  8. fire, water damage, malfunctions or accidents in the business of Lowlander or of third parties engaged by Lowlander; 
  9. non-delivery or untimely delivery to Lowlander by suppliers or other third parties; j. stagnation in supply of goods, raw materials, and/or energy; 
  10. excessive increases in (raw material) prices, whereby an increase of 10% compared to a price agreed upon in an Agreement shall be considered an excessive increase. 
  11. epidemic and/or pandemic; 
  12. seizures of stocks and/or inventory at Lowlander or at third parties engaged by Lowlander; n. liquidity problems at Lowlander and/or at third parties engaged by Lowlander; o. failure or interruption of electrical, network, and/or telephone systems, ransomware and other (online) attacks, computer viruses; and 
  13. all other causes arising outside its fault or risk sphere. 

23.4. If Lowlander has partially fulfilled its obligations in the event of force majeure, or will partially fulfill them, the Customer shall pay the price due for this part to Lowlander. 

  1. Third Parties and Assignment 

24.1. The Customer is not entitled to transfer the Agreement or any of its rights and obligations under the Agreement without the prior express Written consent of Lowlander. If the Agreement or any of the rights and/or obligations under the Agreement are transferred, the obligations under this Agreement will apply to the party taking over the Agreement or any rights and/or obligations under the Agreement that by their nature are intended to apply to the party bearing the rights and/or obligations under this Agreement. 

24.2. Lowlander is allowed at its discretion to transfer the Agreement, its rights and obligations under the Agreement, and/or the full ownership of the Products to a third party. By accepting the applicability

of the General Terms and Conditions, the Customer is deemed to cooperate in any transfer by Lowlander. 

  1. Other Provisions 

25.1. The obligations of the Customer under an Agreement also apply to the group companies and future group companies of the Customer, as referred to in article 2:24b of the Dutch Civil Code. Any action (or omission) by a group company of the Customer shall be deemed an action (or omission) of the Customer. 

25.2. These General Terms and Conditions are drawn up in Dutch. In case of any discrepancy between the Dutch text of the General Terms and Conditions and a translation thereof, the Dutch version shall prevail. The Dutch version shall also prevail in case of any difference of opinion regarding the interpretation of the General Terms and Conditions. 

25.3. References to Dutch legal concepts are deemed to have the meaning attributed to them by Dutch law and regulations unless expressly stated otherwise. References to Dutch legal concepts are deemed to refer to the concept that in that legal system most closely approximates the Dutch legal concept. 

25.4. If an Agreement is terminated, the articles of these General Terms and Conditions that are intended to continue to apply after termination between Parties shall remain in full force and effect. 25.5. If the Customer and related entities, as referred to in article 28.1, enter into Agreements with Lowlander, the obligations arising from those Agreements are jointly and severally entered into between these legal entities, and each of these legal entities is individually liable for the full performance of the obligations towards Lowlander. 

25.6. Upon first request, the Customer shall provide Lowlander with access to its financial data. 25.7. The Products may only be resold by the Customer – who is authorized to resell the Products – to end-users. The Customer is not allowed to commercially resell the Products to non-end-users unless otherwise agreed upon in Writing. 

25.8. Users of the Products may not resell the Products. This prohibition must be imposed by the Customer – who is authorized to resell the Products – on its customers. 

  1. Applicable Law and Jurisdiction 

26.1. These General Terms and Conditions, all quotations, offers, and Agreements between Parties, as well as all agreements resulting therefrom and/or related thereto, shall be governed by Dutch law. 26.2. Any disputes arising out of or in connection with these General Terms and Conditions, quotations, offers, and/or the Agreement shall be exclusively submitted to the competent court of the Amsterdam District Court. 

CHAPTER 2 – LOAN 

If Lowlander lends any Products to the Customer, the provisions in this chapter 2 of the General Terms and Conditions shall apply in addition to the provisions in chapter 1 of the General Terms and Conditions. If any provision in this chapter 2 of the General Terms and Conditions conflicts with a provision in chapter 1 of the General Terms and Conditions, the provision in chapter 2 of the General Terms and Conditions shall prevail. 

  1. Use and Duration of Use 

27.1. The Products loaned by Lowlander are and remain the property of Lowlander.

27.2. Lowlander lends the Products to the Customer initially for the period during which the Customer purchases Products from Lowlander, unless otherwise agreed upon in Writing. 

27.3. When the Agreement ends and/or is terminated, the Customer shall indicate whether it wishes to purchase the Products, as referred to in article 32, and/or return them. 

27.4. If the Customer chooses to return the Products to Lowlander after termination and/or the end of the Agreement, the Customer shall give Lowlander the opportunity to collect the Products for a period of 4 weeks. 

27.5. Loaned Products may only be used in relation to or in connection with Lowlander's Products and in the normal course of the Customer's business. If certain Products are loaned for a specific purpose, those Products may only be used for that purpose. 

27.6. Loaned Products will have the initial value as determined by Lowlander or, if the Products are included in the Gross Catalog List of the Dutch Brewers, that initial value shall apply. 27.7. Costs for placing and/or removing loaned Products, as well as taxes and other levies for (the use of) the loaned Products, shall be borne by the Customer. 

  1. Maintenance 

28.1. The Customer is responsible for the correct use and maintenance of the loaned Products. 28.2. The Customer must follow Lowlander's instructions on the use and maintenance of the loaned Products. 

28.3. The Customer is not authorized to make adjustments and/or repairs to the loaned Products without prior Written consent from Lowlander. 

28.4. Damage to loaned Products due to improper use, maintenance, or loss of the Products shall be borne by the Customer. For direct damages resulting from the aforementioned cases, the Customer shall pay the replacement value of the Products to Lowlander. 

  1. Purchase Option 

29.1. The Customer and Lowlander may agree that the Customer purchases the loaned Products from Lowlander. The purchase price of a Product shall be equal to the initial value of the Product reduced by its monthly depreciation. The administration of Lowlander shall be decisive for this. 

29.2. If the Customer wishes to exercise this purchase option, the Customer shall inform Lowlander thereof in Writing