TERMS AND CONDITIONS

CONTENT LIABILITY

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No rights of any kind can be derived from the content of this website. Unless expressly stated otherwise, the data is of a general nature, not adapted to circumstances specific to a particular purpose or individual.

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Our company excludes all liability for direct, indirect, incidental or special damages of any kind (loss of profit, loss of opportunity, damage caused by negligence or omission in providing, compiling, editing, writing, interpreting, reporting and distributing information) arising out of or in any way related to services and web pages published by our company. This regardless of whether our company was aware of the possibility of this damage occurring.

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Responsibility for the articles and photos rests with the author of the article or the creator of the photo.

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We are not liable for any direct or indirect damage resulting from the use of information obtained through our company. The user bears the responsibility for checking the correctness, completeness or usability of the data available.

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We try to avoid technical difficulties as much as possible. We cannot be held responsible for any malfunctions, interruptions or errors in the supply of data or for the consequences thereof (work interruption, damage to your programs or equipment), and any claim for financial compensation is subsequently excluded.

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This disclaimer is of course not intended to exclude liability in matters for which one cannot indemnify oneself under common law, in particular damage resulting from deliberate and gross errors in the information provided.

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GENERAL

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1. These terms and conditions apply to every offer, quotation and agreement between us, hereinafter referred to as: “Contractor”, and the Client to which the Contractor has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.

2. The present terms and conditions also apply to agreements with the Contractor, for the performance of which the Contractor must involve third parties.

3. The applicability of any purchase or other conditions of the Client is expressly rejected unless the Contractor has expressly stated in writing that it accepts these or parts thereof.

4. An agreement is concluded if and insofar as the Client has accepted the quotation provided by the Contractor.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Contractor and the Client will then enter into consultations in order to agree on new provisions to replace the null and void or destructive provisions, taking into account as much as possible the effect and purport of the original provisions.

6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the spirit of these general terms and conditions.

7. If the Contractor does not always demand strict compliance with these terms and conditions, this does not mean that the provisions of the general terms and conditions thereof do not apply, or that the Contractor would lose the right to any extent to ensure strict compliance with the provisions of these general terms and conditions in other cases. require conditions.

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OFFERS

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1. All offers are permanent, unless expressly stated otherwise. Quotations from the Contractor lapse upon withdrawal by the Contractor.

2. The amounts stated in the offer are exclusive of turnover tax, unless stated otherwise.

3. The activities mentioned in the quotations are carried out according to the

   specified dimensions, drawings and provisions provided by the Client.

4. If the Client can reasonably understand that the quotations or any part thereof

   contains an obvious mistake or clerical error, the Contractor cannot be bound to his offer

   held.

5. If the acceptance of the quotation deviates from the offer included in the quotation, then

   Contractor not bound by it. The agreement then comes in accordance with the offer

   with the exception of deviations from the offer.

6. Unless stated otherwise, the validity period of the quotations is 3 months.

 

AGREEMENT

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1. The agreement can be entered into for work in contracted work or directing work (hours x rate).

2. The Contractor has the right to have certain activities carried out by third parties.

3. The contractor has the right to perform the agreement in phases and the work carried out

   portion to be invoiced separately. In the case of accepted work, payment will be made

   deadlines and, if necessary, a schedule is drawn up.

4. If during the execution of the agreement it appears that it is necessary to

   to amend or supplement the agreement, the parties must proceed to amend the agreement in good time and in mutual consultation. This can be in writing or orally. As a result, the agreed amount can be increased or decreased according to the agreement. Due to the amendment of the agreement, the originally stated term of execution (if agreed) can be changed. The Client agrees to the possibility of amending the agreement, including the amendment to the price and term agreement of execution.

5. Assignments from the Client that lead to additional work take place in mutual consultation. This can be in writing or orally.

6. If the agreement has been amended, the Contractor must implement it after the Client has agreed to the price and other conditions stated for implementation. The non-execution or non-immediate execution of the amended agreement also does not constitute a breach of contract on the part of the Contractor and is no reason for the Client to terminate the agreement.

7. If and insofar as the Contractor is confronted with unforeseeable cost-increasing factors for the Contractor during the performance of the agreement, the Contractor is entitled, after warning or in mutual consultation with the Client, to pass on the cost-increasing factors to the Client.

8. If, after conclusion of the agreement, it appears that the building site is polluted or the building materials resulting from the work are polluted, the Client is liable for the resulting consequences for the performance of the work.

9. Arrangements or agreements with Contractor's personnel do not bind the Contractor, unless they have been confirmed by the Contractor.
   If the Contractor agrees on a certain price when concluding the agreement, the Contractor is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated with reservation:

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• if the price increase is the result of a change in the agreement;

• if a price increase results from an amendment to the law.

 

PERFORMANCE

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The agreed delivery period, if agreed, is expressed in workable days. Workable days are understood to mean a calendar day, unless this falls on a day of rest and public holidays, vacation days or other non-individual days prescribed by the government or by or pursuant to a collective labor agreement that is generally recognized or recognized at the location of the work. Working days or half working days are considered unworkable if, during a period of the working day, it is not possible to work under circumstances that are not the responsibility of the contractor.

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1. If delivery should take place on a day that is not a working day as described in paragraph 1, the next working day will be regarded as the day of delivery.

2. If the agreed delivery period is exceeded, the Client must give the Contractor written notice of default. The Contractor must be offered the opportunity by the Client to still implement the agreement within a reasonable period of time.

3. If the commencement or progress of the work is delayed by factors for which the Client is responsible, the resulting damage and costs for the Contractor must be compensated by the Client.

 

CONTRACTOR'S OBLIGATIONS

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1. The contractor is obliged to carry out the assigned work in accordance with the provisions of the (amended) agreement.

2. The Contractor accepts the agreement subject to the proviso that the permits, exemptions and allocations required with regard to the assignment have been granted to the Client in good time (ie before the Contractor has to start the assignment).

3. The Contractor is obliged to point out to the Client demonstrable imperfections in constructions and working methods prescribed by or on behalf of the Client and in orders or instructions given by or on behalf of the Client, as well as demonstrable defects in building materials or resources made available or prescribed by the Client, for insofar as the Contractor knew or should reasonably have known them.

 

OBLIGATIONS OF THE CLIENT

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1. Unless agreed otherwise, the Client must ensure that the Contractor has the following available in good time before the start of the work:
   - all permits, exemptions and allocations required by the assignment;

   - the location where the work must be carried out has been vacated;
   - there is sufficient opportunity for the supply, storage and/or removal of building materials and tools;
   - sufficient connection options for, among other things, electrical tools, tapping points for gas and water;
   - all information regarding the location of cables, pipes and tubes in, on, at or under the construction site or building plot.

2. The Client is obliged, without claim to compensation, to provide water, gas, electricity and storage space for materials and tools, if these are present at the construction site.

3. If the Client has reserved the delivery of certain building materials and/or the performance of certain activities, the Client will be responsible and liable for the late delivery and/or performance thereof.

4. If a delay occurs at the start or in the progress of the agreed assignment due to the responsibility of the Client, the Client is liable for the resulting resulting damage and the Client must grant a postponement for the delivery of the agreed work for a period that is at least equal to the duration of the delay that has arisen.

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DELIVERY

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1. The Contractor invites the Client to inspect the work. The inspection is carried out by the Client in the presence of the Contractor and is intended to establish whether the Contractor has fulfilled its obligations under the contract. The inspection will take place as soon as possible, but no later than 8 days after the Contractor's invitation.

2. After inspection, the Client must state in writing within 8 days whether or not the work has been approved, stating any minor defects present (as stated in paragraph 5) or stating the defects that are the reason for withholding approval. If the work is approved, the day of approval and delivery will be regarded as the day on which the relevant notification is sent to the Contractor.

3. If no written notification is sent to the Contractor within 8 days after inspection by the Client as to whether or not the work has been approved, the work will be deemed

   to be approved on the 8th day after admission.

4. The contractor is obliged to repair the minor defects (as referred to in paragraph 5) as soon as possible after they have been discovered during inspection, but no later than within 30 days.

5. Minor defects may not be a reason for the Client to withhold approval, provided that the defects do not prevent any commissioning.

6. If the inspection does not take place within 8 days after the Contractor's request, the Contractor can request a new request from the Client for inspection of the work within 8 days, both in writing and orally. If the Client does not comply with this request, the work will be deemed to have been approved on the 8th day after the first request for inspection. If the Client does comply with this request, the 2nd and 3rd paragraphs will apply accordingly.

7. The work is deemed to have been approved if and insofar as it is put into use. The day on which the work or part thereof is taken into use is regarded as the day of approval of the work or the relevant part.

 

SUSPENSION, DISSOLUTION, INTERIM TERMINATION AGREEMENT

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1. The Contractor is authorized to suspend fulfillment of its obligations or to dissolve the agreement with immediate effect, if:

• the Client does not, not fully or not timely comply with the obligations under the agreement, even after being warned (in writing or orally);

• after the conclusion of the agreement, the Contractor has become aware of circumstances that give good grounds for expecting that the Client will not fulfill its obligations;

• when concluding the agreement, the Client was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;

• if, due to delays on the part of the Client, the Contractor can no longer be expected to be able to fulfill the agreement under the originally agreed conditions

• if circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be expected of the Contractor.

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1. If dissolution of the agreement is attributable to the Client, the Contractor is entitled to compensation for the damage, including the costs, which arise directly or indirectly as a result.

2. If the agreement is dissolved, the Contractor's claims against the Client are immediately due and payable.

3. If the Contractor proceeds to suspension or dissolution pursuant to this article, the Contractor is not obliged to pay compensation for damage and costs incurred by the Client as a result.

4. In the event of liquidation, (application for) suspension of payment, bankruptcy or attachment at the expense of the Client, the Contractor is free to terminate the agreement immediately and with immediate effect or to cancel the agreement, without any obligation on the part of the Contractor. In this case, the Contractor's claims against the Client become immediately due and payable.

5. If the Client cancels or partially cancels a placed order, the costs incurred for this will be charged to the Client.

 

FORCE MAJEUR

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1. Force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external matters, foreseen or unforeseen, over which the Contractor cannot exert any influence, or as a result of which the Contractor is unable to fulfill its obligations. The Contractor is also entitled to invoke force majeure if the circumstance preventing further fulfillment of the agreement occurs after the Contractor should have fulfilled its obligation.

2. The Contractor can suspend the obligations under the agreement for the period that the force majeure occurs.

3. If the Contractor has already fulfilled part of the obligations under the agreement when the force majeure commences, the Contractor is entitled to invoice the already fulfilled obligation separately. The Client is obliged to pay this invoice as if there were a separate agreement.

4. In the event of force majeure (as referred to in paragraph 1), the Contractor cannot be obliged to compensate any damage as a direct or indirect consequence of the force majeure.

 

PAYMENT AND COLLECTION COSTS

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1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by the Contractor, in the currency in which the invoice is made, unless otherwise indicated in writing by the Contractor. The Contractor is entitled to invoice periodically.

2. If the Client does not pay on time, the Contractor is entitled to collect the amount due, provided that the Contractor has demanded the Client to pay within 7 days in writing and that payment has not been made.

3. If the Client does not pay an installment on time, the Contractor is entitled to suspend the work until the installment due has been paid, provided that it has issued a written demand to the Client to pay within 7 days and that payment has not been made.

4. If damage occurs to the work during the standstill of the work pursuant to the previous paragraph, this will not be for the account of the Contractor.

5. If the Client fails to pay the invoice on time, the Client will be in default by operation of law. The Client will then owe interest equal to the statutory commercial interest. The interest on the due and payable amount will be calculated from the date of expiry of the payment term until the moment of payment of the full amount due.

6. If the Client remains in default in the fulfillment of its obligation to pay the invoice, all reasonable costs incurred in obtaining payment of the invoice will be borne by the Client. Any judicial and execution costs incurred will also be recovered from the Client. The Client (in the case of non-consumers) also owes interest on the collection costs due. The Client (for consumers) is referred to the Standardization of Extrajudicial Collection Costs Act for the collection costs due.

 

RETENTION OF TITLE

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1. All goods delivered by the Contractor in the context of the agreement (including additional work delivered) remain the property of the Contractor until the Client has properly fulfilled the obligations under the agreement(s) concluded with the Contractor.

2. Goods delivered by the Contractor that fall under the retention of title may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or encumber in any other way the goods subject to retention of title.

3. The Client must always do everything that may reasonably be expected of it to safeguard the property rights of the Contractor.

4. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Client is obliged to immediately inform the Contractor thereof.

5. In the event that the Contractor wishes to exercise its property rights referred to in this article, the Client gives unconditional and irrevocable permission in advance to the Contractor and third parties to be designated by the Contractor to enter all those places where the property of the Contractor is located and to return those items. to take.

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WARRANTIES, RESEARCH

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1. The goods to be delivered by the Contractor meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use in the Netherlands. The warranty referred to in this article applies to items intended for use within the Netherlands. When used outside the Netherlands, the Client must verify whether their use is suitable for use there and whether they meet the conditions set for them. In that case, the Contractor may set other warranty and other conditions with regard to the goods to be delivered or work to be performed.

2. The guarantee referred to in paragraph 1 of this article will be valid at least for the agreed guarantee period or, in the absence thereof, the guarantee period customary in the sector. If the warranty provided by the Contractor concerns an item produced by a third party, then the warranty is limited to that provided by the manufacturer of the item. The Contractor shall ensure that guarantees provided by third parties are in accordance with what is customary in the industry. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Client.

3. All forms of warranty will lapse if a defect has arisen as a result of or ensues from improper or improper use thereof or incorrect storage or maintenance thereof by the Client and/or by third parties when, without the permission of the Contractor, the Client or third parties have made changes to the item or have attempted to make changes, other items have been attached to it that should not be attached to it or if these have been processed or processed in a manner other than the prescribed one. The Client is also not entitled to a guarantee if the defect is caused by or is the result of special circumstances over which the Contractor has no influence, including weather conditions (such as, but not limited to, extreme rainfall or temperatures) etc.

4. The Client is obliged to inspect the delivered goods or have them inspected, immediately at the moment the goods are made available to him or the relevant work has been carried out. In doing so, the Client must examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed on in this regard. Any defects must be reported to the Contractor in writing within 2 months of discovery. The report must contain as detailed a description as possible of the defect, so that the Contractor is able to respond adequately. The Client must give the Contractor the opportunity to investigate a complaint or have it investigated.

5. If the Client complains in time, this does not suspend his payment obligation. In that case, the Client also remains obliged to purchase and pay for the otherwise ordered goods, unless they have no independent value.

6. If a defect is reported later, the Client will no longer be entitled to repair, replacement or compensation, unless the nature of the item or the other circumstances of the case, a longer term ensues with a maximum period of 5 years after completion of the work or after receipt of the delivered goods.

7. If it is established that an item is defective and a complaint has been made in this regard in time, the

   The Contractor shall, at the discretion of the Contractor, replace the defective good within a reasonable period of time after its return or, if return is not reasonably possible, provide written notice of the defect to the Client, or arrange for its repair or pay replacement compensation to the Client. . In the event of replacement, the Client is obliged to return the replaced good to the Contractor and to transfer ownership thereof to the Contractor, unless the Contractor indicates otherwise.

8. If it is established that a customer is unfounded, then the costs incurred as a result, including the research costs incurred by the Contractor as a result, will be fully borne by the Customer.

 

LIABILITY

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1. If the Contractor should be liable, this liability is limited to what has been arranged in this provision.

2. The Contractor is not liable for damage of any nature whatsoever caused by the fact that the Contractor relied on incorrect and/or incomplete information provided by or on behalf of the Client.

3. The Contractor is not liable for work performed by subcontractors prescribed or determined by the Client, nor is the Contractor liable for suppliers and products prescribed or determined by the Client.

4. The contractor is only liable for direct damage. Direct damage is exclusively understood to mean:
   - the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
   - any reasonable costs incurred to have the defective performance of the Contractor comply with the agreement, insofar as these can be attributed to the Contractor;
   - reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.

5. The Contractor is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business or other stagnation.

6. If the Contractor should be liable for any damage, the Contractor's liability is limited to a maximum of three times the invoice value of the order, or at least to that part of the order to which the liability relates.

7. The liability of the Contractor is in any case always limited to the amount paid out by its insurer, if applicable.

8. The limitations of liability included in this case do not apply if the damage is due to intent or gross negligence on the part of the Contractor.

9. After the maintenance term has expired (30 days after delivery), the Contractor is no longer liable for shortcomings in the work, unless the work or any part thereof, due to the fault of the contractor, its supplier, its subcontractor or its personnel, contains a defect that could not reasonably have been recognized by the Client earlier and the Contractor has been notified of that defect within a reasonable period of time after discovery.

 

LIMITATION PERIOD

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1. Contrary to the statutory limitation period, the limitation period for all claims and defenses against the Contractor and the third parties involved by the Contractor in the performance of an agreement is one year.

2. The provisions of paragraph 1 do not apply to legal claims and defenses that are based on facts that would justify the statement that the delivered item does not comply with the agreement. Such claims and defenses lapse two years after the Client has notified the Contractor of such non-conformity.

 

RISK TRANSFER

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1. The risk of loss, damage or depreciation is transferred to the Client at the moment when goods are brought under the control of the Client.

 

DISCLAIMER

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1. The Client indemnifies the Contractor against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to others than the Contractor.

2. If the Contractor should be held liable by third parties on that basis, the Client is obliged to assist the Contractor both in and out of court and to immediately do what may be expected of it in that case. Should the Client fail to take adequate measures, the Contractor shall be entitled, without notice of default, to take such measures itself. All costs and damage incurred by the Contractor and third parties as a result thereof will be entirely for the account and risk of the Client.

 

APPLICABLE LAW AND DISPUTES

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1. Dutch law applies exclusively to all legal relationships to which the Contractor is a party, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

2. Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Unless otherwise stipulated by mandatory law, the court in the place of residence of the Contractor is designated to take cognizance of such a dispute.