Terms and Conditions
Article 1 Scope
These terms and conditions apply to our offers, acceptances, deliveries and services, unless expressly agreed otherwise in writing. Deviating stipulations and/or deviating conditions of our clients only apply if and insofar as they have been expressly accepted by us in writing.
Article 2 Offers and agreements
Offers are made entirely without obligation, unless expressly stated otherwise in writing. Offers are valid for the specified period.
As a rule, orders and also deviations from them or more or less work are concluded in writing. However, the formation of an agreement can also be proven by other legal means.
Our other parties guarantee the correctness and completeness of the information and instructions provided to us, respectively the soundness of the materials and tools made available to us.
If there is more than one client for the same assignment, they are jointly and severally liable for the obligations arising therefrom.
In the event of any rental or otherwise making vehicles and/or equipment available by us, whereby the execution of the assignment is whether or not carried out by or on behalf of us, the relevant items are deemed to be the responsibility of our clients.
Article 3 Prices
Our prices are exclusive of sales tax and calculated in euros. Disbursements, such as travel and accommodation costs, will be charged separately, unless agreed otherwise.
We are entitled to pass on cost and price increases, such as increases in supplier prices, wages, social security charges, transport costs and taxes, which may arise or become known to us after the conclusion of an order. If this takes place within 3 months after the conclusion of the agreement, our counterparties have the right to cancel the assignment, unless it concerns increases in government levies or by the government. In the event of cancellation, what has already been delivered or performed must be reimbursed on the basis of the prices applicable before the increase.
If a contract price has been agreed, we are entitled to invoice this in parts, at our option, based on such a part of the contract price as corresponds to the state of the work or as an advance payment(s) on the final invoice.
Article 4 Execution of the assignment
Times specified or agreed by us for the fulfillment of our obligations are always approximate and only take effect after we have received all information, etc., to be provided by our counterparties for the execution of an assignment.
In the event of exceeding the term as referred to in the previous paragraph at our discretion, we will only be in default if we have been given written notice of default and fail to fulfill our obligations within a reasonable term stated in the notice of default, which must be at least 30 days.
If the term is exceeded as a result of force majeure, being circumstances independent of our will or that of third parties, such as strikes, negligence on the part of our suppliers, unworkable weather, transport obstacles, government interference, etc., we have the right to suspend the execution of the assignment. to dissolve these. If the force majeure situation lasts longer than 60 days, these counterparties also have the right to dissolve the order. In the event of dissolution, payment will be made according to the status of the work or the hours spent.
No default occurs if and as long as our clients have not fulfilled their obligations to remove obstacles and to inform us of the circumstances, such as the exact location of invisible cables, pipes and other obstacles.
Article 5 Retention of title
If the assignment (also) includes the delivery of materials or other products, these items remain our property until our clients have fully fulfilled their obligations under or in connection with the assignment and/or other assignments. Our counterparties are not entitled to any disposal of goods that remain our property.
Article 6 Payment
Payment of our invoices must be made within 30 days after the invoice date to a bank account to be designated by us.
Claims against our clients arising from one or more assignments are immediately due and payable in full if our clients apply for suspension of payment, are declared bankrupt or if their goods are seized.
In the event of non-payment, late payment and/or incomplete payment, our counterparties will be in default by operation of law and will owe interest of 1% per month on the outstanding amount, or the statutory interest, if this is higher. Each time after the end of a year, the amount on which the interest is due is increased by the interest due for that year. In the event of default, extrajudicial (collection) costs, in principle increased by turnover tax, are also due, amounting to 15% of the outstanding amount, with a minimum of € 75, excluding turnover tax, without prejudice to our authority to charge the actual costs. bring.
Article 7 Complaints and liability
Complaints about defects in the execution of an assignment must be submitted to us in writing within 14 days after they become apparent, failing which we will not process the complaints.
We do not give any further guarantees on delivered goods than we have received from our suppliers.
Unless the law dictates otherwise, we, nor persons for whom we can be liable, are not liable for the consequences or damage. Directly or indirectly, caused by and/or ensuing from orders accepted by us. Any compensation due is limited to the price of the relevant assignment, unless and insofar as this would be contrary to reasonableness and fairness.
Our clients undertake to indemnify us and our auxiliary persons in the event of liability towards, towards, third parties, if and insofar as there is no liability towards our clients. This also applies in particular if our clients have not fulfilled their obligations as referred to in Article 4 paragraph 4 of these terms and conditions.
Article 8 Complaints and liability
All disputes to which an offer, an agreement and/or these terms and conditions may give rise will be brought before the competent court in the jurisdiction to which our place of residence belongs, without prejudice to mandatory legal rules regarding judicial competence. A dispute is equated with the case that our counterparties fail to pay an undisputed claim.
Dutch law applies exclusively to all our quotations and accepted assignments.
If it appears from legislation applicable at any time that one or more provisions of these general terms and conditions are in conflict with mandatory law or must be regarded as unreasonably onerous in a specific case, the statutory provisions will apply, but these terms and conditions will otherwise remain in force.