TC Procurement of Products and Services Netherlands - Flipbook - Page 5
21. Data Protection
21.1. Parties will comply with their obligations under the General Data
Protection Regulation (GDPR) regarding processing of personal data
when executing the Contract.
21.2. Each party guarantees that the personal data that are shared
with the other party, for the execution of the Contract, are correct,
legally obtained, not excessive and not illegal nor infringe on a right of
a third party.
21.3. Each party will be responsible, with regard to the execution of
the Agreement, for its own processing of personal data. Supplier shall
indemnify Riwal against any legal action by individuals whose personal
data are processed in the execution of the Contract by the Supplier, or
for which the Supplier is responsible under the Contract, by law or
otherwise, unless Supplier proves that the facts underlying the claim of
the individual should be attributed exclusively to Riwal.
21.4. If Riwal considers relevant to the execution of the Contract,
Supplier shall, upon request by Riwal, inform the Supplier in writing
without delay on how the Supplier implements its obligations in
compliance with GDPR.
22. Partial invalidity
If any provision under these Terms and Conditions cannot be invoked
or such provision is deemed to be invalid for any reason whatsoever,
the other provisions shall remain in full force and effect. The Supplier
and Riwal shall be deemed to have agreed to new terms and conditions
in substitution for such invalid provisions. These new terms and
conditions shall be interpreted, as regards their contents and effect, as
closely as possible to the original text as written but in such a way that
rights can indeed be derived therefrom.
23. Authority to amend
Riwal is entitled to amend these Terms and Conditions. Such
amendments shall enter into force on the effective date as notified. If
the effective date has not been officially announced then the
amendments affecting the Supplier will enter into force on the date that
Supplier is notified or informed of such amendment.
24. Waiver
The rights of either party under any Contract are without
prejudice to all other rights and remedies available to either party and
no failure or delay by either party to exercise any right under this
Contract will operate as a waiver of such right under any Contract.
25. Disputes and Governing Law
Each dispute arising under or in relation to a Contract shall, in first
instance, be settled by the competent court in Rotterdam, the
Netherlands, which will have exclusive jurisdiction in respect of any such
disputes. The Contract is subject to Dutch law. The application of
the Unites Nations Convention for the International Sale of Goods
(CISG) is excluded.