General conditions
Terms and Conditions: 10 Clear Agreements
We are happy to work for you, without difficult stipulations, but simply on the basis of 10 clear agreements. We use these agreements as general conditions and apply both to agreements with private and business clients. The following terms and conditions apply to all our agreements.
1. We provide clear insight into all expected costs
All our offers or quotations are without obligation and shall be regarded as an indivisible whole. If there are other wishes or extensions we will make you a new or additional offer. All our offers are price fixed and are only valid within the validity period stated on the quotation. Should something not be clear or you notice imperfections, you have the duty to inform us of them.
to us before you give us an order.
2. When you provide us with an order
If you allow work to begin, the assignment or order is accepted by you. If you confirm our offer, it is always binding and cannot be revoked.
Only if the order has not yet been accepted can these 10 clear agreements be rejected by you, in which case we require a new agreement on your part, which will only be validated when signed by us.
3. Commencement of work
You must ensure that the work can be carried out without any obstruction. You must arrange for the approvals required for the work (such as permits and exemptions) and the
other data required for the work. You shall provide us with free connection facilities for utilities (gas, water, electricity) required during the work. If preparatory
items are to be performed by third parties, they must first be fully completed before we commence the agreed work.
4. More and less work
We provide timely notice of additional work or unforeseen setbacks. These are additional costs that are not specifically offered to you in the quotation but are necessary to perform the work. These are matters such as unforeseen circumstances, obstructions or additional wishes that you want us to carry out. You will receive a separate invoice from us for this work.
5. When the work is completed and accepted by you
We will notify you when the work is completed and we will send you the final invoice. The work is considered completed when you accept the work and report no defects within 2 weeks or when you have paid the final invoice. When there is a pre-agreed completion date, the work is completed on or about this date. The completion date may be delayed due to force majeure, obstruction, late payment and/or interim changes in the order. If this occurs, we will not be liable for any damages resulting from exceeding the completion date.
6. Warranty
We guarantee that the work assigned to us will be performed soundly and will comply with applicable standards and codes of practice. We provide a 1-year warranty on our work unless
otherwise stated in the offer. The period of warranty shall commence on the day of completion. Warranty claims can only be made if all payment obligations have been fulfilled.
If warranty is given by supplier products, we are limited to the warranty for the application of the product. This means that when warranty of a product is
claimed the required repair time of/with that product is not covered by the warranty.
The guarantee does not cover defects in the work delivered, which do not affect the soundness and functionality of the work. The same applies to defects caused by other causes not attributable to us, including in any case improper use, vandalism and extreme weather conditions and/or products or advice supplied by you.
7. You pay on time
Payment should be made after acceptance of the work and within the specified payment period. If you do not pay us on time, we will send you two reminders, then a reminder.
If payment is not made after this we may initiate collection proceedings.
We reserve the right to bill you interest or an increase within the legal framework. Any collection costs plus increase or interest will be at your expense.
If you do not pay us within the specified payment period or show that you are not going to fulfill the obligations, we have the right to suspend or cancel the work.
8. Force majeure and liability
Force majeure includes all external causes, foreseen or unforeseen, over which we have no influence and which prevent us from fulfilling our obligations, such as failure of manpower, unforeseeable stagnation of suppliers or government measures. You cannot hold us liable for force majeure and we are never obliged to compensate you for any damage resulting from this. You may also not hold us liable for loss or damage, direct or indirect, caused during performance, unless the damage is due to intent or gross negligence on our part. You shall bear the risk of loss or damage to items provided by you or used at your request. You shall indemnify us against all successful claims by third parties in the matter
of work carried out by us and/or goods delivered as a result of which that third party may have suffered damage. If you have insured any risk, you are held to indemnify us against this risk. After delivery the risk is yours, unless certain matters are covered by warranty.
Any claim for compensation from you shall lapse if the notification of damage falls outside the warranty period. In the event of liability on our part, we shall never be obliged to compensate a higher amount than 25% of the damage suffered with a maximum of the invoice amount (excluding VAT) of the work in question.
9. Retention of title
All established rights regarding designs, images, descriptions, drawings, models and the like are reserved and must be honored and remain our property. You are not permitted to duplicate or publish the implementation of any design, or any part thereof, of ours without our express permission. We remain the owner of delivered goods until you have fulfilled all your obligations under the contract. Until the time of full payment, you are not authorized to pledge or dispose of the goods to third parties. If you do not fulfill your obligations or if there is a well-founded fear that you will not do so, we are entitled to remove the delivered goods or have them removed. You are obliged to cooperate fully to this end on penalty of a fine of 10% of the total contract sum for each day that you fail to do so.
10. Disputes
When there is a dispute, the contract can be dissolved by us. This is possible if you have not fulfilled your obligations on time or if there is a case of force majeure. You can dissolve the contract with us if there is a compelling reason to do so and we accept this reason.
In case of dissolution by you, you must pay for the work already performed at our usual hourly rate and material prices. We are also entitled to claim damages. Any agreement between you and us will be governed by Dutch law. Disputes will be submitted to a competent court if no direct solution is found between the parties.
found.