General Terms & Conditions

  1. These General Terms & Conditions apply to all contracts signed by Solar Insurance & Finance BV in association with insurance, financial brokerage and consultancy business activities. The Terms & Conditions do not apply to contracts made between Solar Insurance & Finance BV and individuals not acting in a professional or business capacity.
     
  2. Solar Insurance & Finance BV shall be liable to the contracting party for non-performance of the contract if, in performing the contract, it acts in a way that an insurance broker with a reasonably expected degree of knowledge and care should, and must, have avoided.
     
  3. Where the contracting party is able to demonstrate that it has sustained loss as a result of an error made by Solar Insurance & Finance BV, its managers or employees in relation to an insurance policy, Solar Insurance & Finance BV's liability for damages shall be limited to a sum equal to five times the annual premium that has been, or should have been, calculated for the insurance policy in question, subject to a maximum of EUR 50,000.00. Where the damages do not relate to an insurance policy, Solar Insurance & Finance BV's liability shall be limited to a sum equal to five times the financial payment for which it is, or should have been, liable for its efforts, subject to a maximum of EUR 50,000.00.
     
  4. Solar Insurance & Finance BV shall not be liable for damages incurred in relation to the provision of inaccurate or insufficient information by, or on behalf of, the contracting party.
     
  5. If, in the course of its activities, Solar Insurance & Finance BV makes an error that should normally be detected the contracting party, the latter should bring this to the attention of Solar Insurance & Finance BV as soon as the error is, or should have been, detected. In the event of the contracting party failing to notify Solar Insurance & Finance BV of the error, the latter shall not be held liable for any damages incurred.
     
  6. Where third parties are engaged in the performance of the contract, Solar Insurance & Finance BV shall not be held liable for any errors made by them, except where the contracting party can demonstrate that Solar Insurance & Finance BV was negligent in its choice of such third parties.
     
  7. This excludes liability for damages caused by a shortcoming in computer software used, unless and insofar as the supplier of such computer software has accepted liability to Solar Insurance & Finance BV and compensated them for damages.
     
  8. All agreements for compensation of damages shall expire after a period of one year from the moment at which the error established as causing the claim was, or should have been, detected.
     
  9. Dutch law shall apply to all claims. Any disputes arising between Solar Insurance & Finance BV and the contracting party shall be heard exclusively before a Dutch magistrate, being brought before the Court of Law in Arnhem.
     
  10. Solar Insurance & Finance BV shall cooperate in mediation where the contracting party indicates a desire for the dispute to be referred to mediation. Parties shall endeavour to agree on a mediator. Where agreement cannot be reached on the mediator, this shall be determined by the N.M.I. in Rotterdam.