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Terms and Conditions

Article 1: Quotation

  1. The quotation is issued in writing or electronically, except in urgent circumstances.

  2. The quotation will include, among other things:

    1. a description of the work;

    2. the pricing method that will be used for the work to be performed: contract price or cost. In the contract sum pricing method, the entrepreneur specifies a fixed amount for the work described in the offer; With the price-setting method, the entrepreneur provides a statement of the price factors (such as hourly rates, surcharges and unit prices of the required materials). The turnover tax due is stated separately in the offer;

    3. whether a risk regulation will apply at work, and if so, which one;

    4. whether provisional accounts have been taken into account, and if so, which ones:

    5. the applicability of these general terms and conditions to the offer and to the contracting agreement arising therefrom. 3. The offer is dated and is valid for thirty days from that day. 4.Drawings, technical descriptions, designs and calculations made by the contractor or on his instructions remain the property of the contractor. They may not be handed over or shown to third parties with the aim of obtaining a comparable offer. Nor may they be copied or otherwise reproduced. If no order is awarded, these documents must be returned to the contractor at the expense of the principal within 14 days of a request made by the contractor.

  3. If the quotation is not accepted, the contractor shall be entitled to charge the costs involved in preparing the quotation to the person at whose request he submitted the quotation, if he has stipulated this before submitting the quotation.

Article 2: Agreement and contract documents

  1. The agreement is concluded by acceptance of the quotation by the client.

  2. If an order is given by two or more clients, they are jointly and severally liable and the contractor is entitled to full performance against each of them.
     

Article 3: Obligations of the client

  1. Unless otherwise agreed, the client will ensure that the contractor has timely access to:

    1. data and approvals required for the design of the work (such as public and private law permissions), if necessary in consultation with the contractor;

    2. about the building, the site or the water in or on which the work is to be carried out;

    3. about sufficient facilities for the supply, storage and/or removal of building materials and resources;

    4. about connection options for electrical machines, lighting, heating, gas, compressed air and water.

  2. The required electricity, gas and water are for the account of the client.

  3. The client is not permitted to carry out work or have work carried out by third parties before the day on which the work is deemed to have been completed, without the consent of the contractor.

  4. Without prior written or electronic permission from the contractor, the client is not permitted to transfer its rights and obligations under the agreement to a third party before the day on which the work is considered to have been completed.

Article 4: Cost-increasing circumstances

  1. Cost-increasing circumstances are circumstances:

    • which are of such a nature that when the agreement is concluded it is not necessary to take into account the chance that they might occur,

    • which cannot be attributed to the contractor and

    • which increase the cost of work.

  2. Cost-increasing circumstances entitle the contractor to compensation for the resulting consequences.

  3. If the contractor is of the opinion that cost-increasing circumstances have occurred, he must inform the client of this in writing or electronically as soon as possible. Subsequently, the parties will consult shortly about whether cost-increasing circumstances have arisen and, if so, to what extent the cost increase will be reimbursed in reasonableness and fairness.

  4. The client is entitled to limit, simplify or terminate the work instead of agreeing to a fee. The amount that the client owes in this case will be determined according to standards of reasonableness and fairness

Article 5: More and less work

  1. 1. Settlement of more and less work takes place:

    • in the event of changes to the agreement or to the conditions of implementation;

    • in the event of deviations from the provisional amounts;

    • in the event of deviations from deductible quantities;

  2. In the event of changes desired by the client in the agreement or in the conditions of execution, the contractor can only demand an increase in the price if he has informed the client in good time of the need for a resulting price increase, unless the client necessity itself should have understood.

  3. Provisional items are amounts stated in the agreement, which are included in the contract sum and which are intended for either

    1. purchasing building materials;

    2. purchasing building materials and processing them;

    3. the performance of work which has not been determined with sufficient precision on the day of the agreement and which must be specified by the client

  4. With regard to each provisional item, it is stated in the agreement to which it relates.

  5. The expenses to be charged to provisional sums are calculated with the prices charged to the contractor or the costs incurred by him, plus a contractor fee of 10%.

  6. If an estimate only relates to the purchase of building materials, the costs of processing them are included in the contract price and will not be settled separately. However, these costs will be deducted from the provisional sum, from which the purchase of those building materials will be settled insofar as they are higher than those which the contractor should reasonably have taken into account due to the interpretation given to the provisional sum.

  7. If a provisional sum relates to the purchase of building materials and their processing, the processing costs are not included in the contract price and will be charged separately against the provisional sum. 7. If deductible quantities are included in the agreement, and these quantities prove to be too high or too low to realize the work, the higher or lower costs resulting from that deviation will be settled.

  8. If the client gives an order to carry out more work, the contractor may charge 25% of the agreed amount as an advance. The contractor will only be able to invoice the remaining part when the additional work is completed or with the first subsequent installment invoice. Unless agreed otherwise, less work will be settled by the contractor in the final settlement.

  9. If the final settlement of the work shows that the total amount of the less work exceeds the total amount of the more work, the contractor is entitled to an amount equal to 10% of the difference of those totals.

Article 6: Payment

  1. If payment in installments has been agreed, the contractor will send the relevant installment invoice to the client each time or after the appearance of a payment term. The turnover tax owed by the client to the contractor will be charged separately

  2. Payment of a submitted invoice must take place no later than 14 days after the invoice date, on the understanding that all submitted installment invoices and the invoices relating to the agreed additional work must be paid upon delivery, without prejudice to the applicability of Article 8 and Article 13 and provided that the contractor has submitted these invoices in good time before completion. The contractor is entitled to submit the invoice regarding the installment due upon delivery 14 days before the planned delivery.

  3. Within a reasonable period of time after the day on which the work is deemed to have been completed, the contractor must submit the final settlement

  4. Payment of the amount of the final statement owed to the contractor must take place no later than 30 days after the day on which the contractor has submitted the final statement, without prejudice to the provisions of Article 13.

Article 7: 5% ruling

This article only applies to the contracting of work for the construction of a home on behalf of a consumer, i.e. a natural person who is not acting in the exercise of a profession or

  1. The consumer can, without invoking Article 6:262 of the Dutch Civil Code and while retaining his right to delivery, withhold a maximum of 5% of the contract sum from the last installment or last installments and place this amount in a deposit instead of paying the contractor. deposit at a notary.

  2. The civil-law notary places the amount in the power of the contractor after three months have passed after the time of completion, unless the consumer wishes to make use of his authority granted in Section 6:262 of the Dutch Civil Code. In that case, the consumer informs the civil-law notary of the amount up to which the deposit must be maintained.

  3. The civil-law notary also places the amount under the power of the contractor insofar as the consumer consents to this, the contractor provides substitute security or it has been decided in a decision that is binding on the parties that a deposit is not or no longer justified.

  4. If the consumer owes the contractor compensation due to the depot malfunction or the replacement security provided by the contractor, this will be set at the statutory interest of Section 6:119 of the Dutch Civil Code. It is not due during the three months after delivery, even if no defects are found.

  5. The costs charged by the civil-law notary for the deposit shall be borne by the consumer. The interest to be paid by the civil-law notary on the deposit amount is for the benefit of the

Article 8: Delivery and maintenance period

  1. The work is deemed to have been delivered when the contractor has notified that the work is ready for delivery and the client has accepted the work. On the occasion of the delivery, a delivery report to be signed by both parties will be drawn up. A shortcoming noted by the client that is not acknowledged by the contractor will be stated as such in the delivery report.

  2. If the contractor has announced that the work is ready for delivery and the client does not inform the client within 8 days afterwards whether or not he accepts the work, the work will be regarded as

  3. If the client rejects the work, he must do so in writing or electronically, stating the defects that are the reason for rejection. Small defects, which can be properly repaired during the maintenance period, may not be a reason for rejection, provided they do not stand in the way of a possible commissioning.

  4. If the client puts the work into use, the work is deemed to be

  5. If the parties determine that, in view of the nature or extent of the shortcomings, it is not reasonable to speak of completion, the contractor will, after consultation with the client, specify a new date on which the work will be ready for completion.

  6. After the day on which the work is deemed to have been completed, the work is at the risk of the contractor

  7. Shortcomings recognized by the contractor will be reported as soon as possible

  8. After the day on which the work is considered completed, a maintenance period of 30 days starts.

Article 9: Failure of the client

  1. If the client remains in default with the payment of what he owes the contractor under the agreement, he will be entitled to statutory interest on this with effect from the due date. If no payment has been made 14 days after the due date, the interest rate referred to in the previous sentence will be increased by 2.

  2. If the client does not pay on time, the contractor is entitled to collect the amount due, provided that he has demanded the client in writing or electronically to pay within 14 days and that payment has not been made. If the contractor proceeds to collection, the associated extrajudicial costs will be borne by the client, provided the amount thereof is stated in the reminder. The contractor is entitled to charge the amount in accordance with the Decree on compensation for extrajudicial collection costs.

  3. If the client does not pay or does not pay on time what is due to the contractor under the agreement, or if the contractor has sound reasons to believe that the client will not pay the amount due to the contractor or will not pay it on time, the contractor is entitled to demand from the client satisfactory to demand security.

  4. If the client fails to comply with any of his obligations, the contractor is entitled to suspend the work until the moment at which the client has fulfilled this obligation, or to terminate the work in an unfinished state, provided that the contractor informs the client in writing or electronically in advance. pointed out these consequences of non-compliance. The provisions of the previous sentence do not affect the contractor's right to compensation for damage, costs and interest.

  5. If the client is declared bankrupt, or applies for suspension of payment, or if any lawful attachment is levied against him by a third party, unless this attachment is lifted within one month, whether or not against security, the contractor is entitled to suspend the work without further notice or to terminate the work in an unfinished state.

  6. If, pursuant to this article, there is suspension or termination in an incomplete state, the provisions of article 14 paragraph 5 apply.

Article 10: Liability of the client

  1. The client is responsible for the correctness of the information provided by or on behalf of him.

  2. Differences between the condition of existing buildings, works and sites as apparent during the execution on the one hand and the condition that the contractor could reasonably have expected, entitle the contractor to compensation for the resulting costs.

  3. If, after the conclusion of the agreement, it appears that the building site is contaminated or the building materials resulting from the work are contaminated, the client is liable for the resulting costs for the performance of the work.

  4. The client is responsible for the constructions and methods prescribed by him or on his behalf, including the influence exerted thereon by the soil conditions, as well as for the orders and instructions given by him or on his behalf.

  5. If building materials or auxiliary materials, which the client has made available or prescribed by him, are unsuitable or defective, the consequences thereof will be borne by the client.

  6. If the client has prescribed a subcontractor or supplier, and the latter does not perform, does not perform on time or does not perform properly, the consequences thereof will be borne by the client.

  7. The client is liable for damage to the work and/or materials and the damage and delay suffered by the contractor as a result of work carried out or deliveries made by the client or on its behalf by third parties. The consequences of compliance with statutory regulations or government orders that come into effect after the day of the quotation will be borne by the client, unless it must be reasonably assumed that the contractor could have already anticipated those consequences on the day of the quotation.

  8. The client is liable for:

    1. any damage repair after cutting, milling and demolition work by the contractor

    2. damage to building materials after demolition work

    3. materials supplied by third parties, heavier than 50 kg, must be present on the desired floor where the material is to be installed

    4. timely presence of all materials before the start of the work, if supplied by third parties. If the contractor has to come back for this later, call-out costs and required hours will be charged separately

Article 11: Liability of the contractor

Design Liability

  1. In the event of shortcomings in the design, the contractor is only liable for this insofar as these shortcomings can be attributed to him.

  2. The contractor's liability under the previous paragraph is limited to the amount agreed for the performance of the design work. If no amount has been agreed, the liability of the contractor is limited to 10% of the

  3. The legal claim on account of an attributable shortcoming is not admissible if it is instituted more than five years after the expiry of the maintenance period.

Liability after delivery

  1. After the day on which the work is deemed to have been completed, the contractor is no longer liable for shortcomings in the work

  2. The provisions of the first paragraph are subject to an exception if there is a defect:

    1. that has come to light in the maintenance period and that could not reasonably have been recognized by the client upon delivery, unless the contractor demonstrates that the defect can be attributed with a high degree of probability to a circumstance that can be attributed to the client ;

    2. that has come to light after the maintenance period has expired, that could not reasonably have been recognized by the client upon completion and of which the client demonstrates that the defect can with a high degree of probability be attributed to a circumstance that can be attributed to the contractor. are attributed.

  3. The legal action on account of the defect referred to in paragraph 2 under a is not admissible if it is instituted more than two years after the expiry of the

  4. The legal action on account of the defect referred to in paragraph 2 sub b is not admissible if it is instituted more than five years after the expiry of the In case the defect referred to in paragraph 2 sub b must be regarded as a serious defect considered, the legal claim is not admissible if it is instituted more than ten years after the expiry of the maintenance period. A defect can only be regarded as a serious defect if the work has fully or partially collapsed or threatens to collapse, or has become unsuitable or threatens to become unsuitable for the destination for which it is intended according to the agreement and this can only be can be remedied or prevented by taking very costly measures.

Other provisions

  1. In the cases as provided for in articles 16.1 to 16.3, the client is obliged to notify the contractor of the defect within a reasonable period of time after discovery and to give the contractor the opportunity to identify shortcomings and/or defects attributable to the contractor within a reasonable period of time. , for which the contractor is liable, to repair/repair

  2. If the costs of repairing a defect or of remedying a defect for which the contractor is liable are not in reasonable proportion to the interest of the client in repair, the contractor may suffice to pay reasonable compensation to the contractor instead of repair. the contractor.

  3. The limitations of liability arising from Articles 16.1 to 16.3 inclusive do not apply if the damage is the result of intent or gross negligence on the part of the contractor.

Article 12: Disputes

  1. For the settlement of the disputes referred to in this article, the parties waive their right to submit them to the ordinary court, except for those cases in which the parties are required by law to turn to the ordinary court.

  2. All disputes - including those which are only regarded as such by one of the parties - which may arise between the client and the contractor as a result of this agreement or the agreements resulting from it, shall be settled by arbitration in accordance with the rules set out in the arbitration regulations of the Council of Arbitration for the Construction Industry, as these three months before the conclusion of the agreement

  3. Contrary to the second paragraph, disputes that fall within the competence of the subdistrict court judge may, at the choice of the most diligent party, be submitted for settlement to the competent subdistrict court judge.

  4. Dutch law applies to the agreement for the contracting of work or to the agreements between the client and the contractor that are a result thereof.

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