b'e. breach of contract of suppliers and/or carriers 16.3 Conflicting Clauses. (in particular late or inadequate delivery);In case of conflict between these General Terms and the f.shortages on the market of required materials or labour;Contract, the Contract shall prevail. g. t heft from warehouses of DAF or its suppliers;16.4 Partial nullity.h. f ailure of a utility service or transport network; i.If any provision of the Contract is adjudged by any court or acts of authority, whether lawful or unlawful, lack ofgovernment agency to be invalid, void or unenforceable, authorisations, of licenses of entry or residence permit,such provision will be deemed deleted from the contract or of approvals necessary for the performance of theand the remaining provisions thereof will continue to be in Contract and to be issued by a public authority of anyfull force and effect. In such a case, DAF and Buyer shall kind whatsoever in the country of the party seeking reliefmake every effort to make a valid and enforceable contract or in a country relevant to the execution of the Contract;in lieu of the ineffective provision, which will ensure the j.government measures (including those of foreign same or as much as possible approximate effect as the one governments) such as bans on transports, imports,which has become ineffective.exports or production, non compliance with any law or governmental order, rule, regulation or direction, or16.5 Assignment. similar situations. In the event one of the above listedNeither the rights nor the obligations of Buyer under impediments will occur with one of DAFs suppliers orthe Contract may be assigned, transferred or otherwise subcontractors and this is the reason why DAF cannotdisposed of, in whole or part, without the prior written perform its obligations under the Contract with Buyer,consent of DAF. DAF will be entitled to assign all or part of this will be deemed to be an impediment as referred to inits rights and obligations under Contract. Any references to article 14.1.a. DAF will then include this assignee.14.3 Temporary relief. 16.6 B2B transaction. A ground of relief under this clause relieves the party failingBuyer acknowledges and agrees that Buyer has entered into to perform from liability in damages, from penalties andthe Contract in the ordinary course of his businesses. Buyer other contractual sanctions, except from the duty to payrepresents and warrants to DAF that the products ordered interest on money owing, as long as and to the extent thatunder the Contract are not bought for personal, family or the ground subsists. household use.14.4 16.7Translations.Termination based on force majeure.If the grounds of relief subsist for more than twelve months,The English language version of these General Terms will either party shall be entitled to terminate the Contract withbe the authentic and binding version. Any translations of notice. these General Terms made available will be free translations 15.Data Protection provided without any representation from DAF that the translation accurately reflects the authentic version.15.1 Disclosure and Use of Data. 16.8Buyer agrees that DAF may collect and process, bySurviving provisions.computer or otherwise, any information, includingArticles 9, 11, 12, 13, 15, 17 and 18 shall survive any termination personal data relating to Buyer or its employees (jointly:of this Agreement.Information) for the purpose of conclusion or performance17. Governing Law of the Contract or other agreements between DAF andthe Buyer. Buyer also agrees that DAF may, as far asAny questions relating to the Contract, which are not is permitted by mandatory provisions of law, discloseexpressly or implicitly settled by the provisions contained in this Information to PACCAR Affiliates, for the purposethe Contract or these General Terms, shall be governed:a.of reviewing the Contract or for credit assessment orby the United Nations Convention on Contracts for the administering and servicing the Contract and to enableInternational Sale of Products (Vienna Convention of DAF to carry out statistical analysis. DAF may disclose1980, or the CISG), and Information in connection with the Contract to any personb.to the extent that such questions are not covered by or entity to whom DAF assigns its rights under suchCISG, by reference to the laws of The Netherlands.assignment and any of DAFs agents or advisors for the18. Dispute resolutionpurpose of advising on or assisting in such assignment. 18.1 Dutch courts. 15.2Mailing lists. The Dutch courts of law shall have jurisdiction to hearDAF may also, as far as is permitted by mandatoryand determine any suit, action, or proceedings and settle provisions of law, use Information to inform Buyer aboutany dispute which may arise out or in connection with the products and services of DAF, which DAF believes may beContract if Buyers country of domicile is a EU Member of interest to Buyer. If Buyer does not want to receive suchState in which EC Council Regulation No 44/2001 of 22 information, Buyer may notify DAF of this. After receipt ofDecember 2000 (or successive regulation) applies or the such notice, DAF will stop using the Information for suchrelevant decision will need to be executed in such a Member marketing purposes. State. Parties agree that any such legal proceedings shall 15.3 in first instance be submitted to the competent court in Other purposes. Amsterdam, The Netherlands.To the extent required by mandatory provisions of law, DAF will inform Buyer if DAF collects or processes Information18.2 Arbitration. for any other purpose than the purposes set out in thisIn the event the Dutch courts shall not have jurisdiction in article. accordance with article 18.1, all disputes arising in connection 16.Miscellaneous with the Contract, or further contracts resulting therefrom, shall be finally settled in accordance with the Arbitration 16.1Rules of the Netherlands Arbitration Institute. The place Modification.No modification of the Contract is valid unless agreed inof arbitration shall be Amsterdam. The Netherlands. writing. The arbitral procedure shall be conducted in the English 16.2 language.Whole Agreement.The Contract and these general Terms supersede and18.3 Other courts. invalidate all other commitments, representations andNothing in this article 18 shall limit the right of DAF to take warranties relating to the subject matter thereof which mayproceedings against the Buyer in any civil law court of have been made by the parties either orally or in writingcompetent jurisdiction, whether concurrently or not. prior to the date of the Contract, and which shall become null and void from the date of conclusion of the Contract. Each party warrants to the other party that it has not relied on any such commitment, representation or warranty in entering into the Contract.46153 TRP Catalogue Reprint Adverts 250x337.indd 23 05/01/2021 14:12'