Terms of service
GENERAL CONDITIONS OF WEIGHING EXPERT FOR PRIVATE INDIVIDUALS:
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these conditions the following definitions apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read all about reflection time
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
4. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unchanged reproduction of the stored information.
5. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
6. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can complete when he wants to exercise his right of withdrawal.
7. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
8. Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, exclusive use is made of one or more techniques for communicating on distance;
9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Weighingexperts.co.uk
65 ST Hildas street
Hull
HU3 1UT
United Kingdom
phone: +441482298061
Email: sales@weighingexperts.co.uk
Website: www.weighingexperts.co.uk
Weegexperts.nl
De iepenwei 14i
4191 PD Geldermalsen
The Netherlands
Phone: +31345786553
KvK: 57888515
VAT no: 8527.80.230.B01
IBAN: NL29 RABO 0324691319
BIC: RABONL2U
Email: sales@weegexperts.nl
Website: www.weegexperts.nl
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that applies to him. is most favorable.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced by mutual agreement by a provision that approximates the scope of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
1. If an offer is a specific condition has a valid period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a long-term transaction.
Article 5 - The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's branch where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form or by means of another means of communication such as by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the periods referred to in paragraphs 2 and 3 have expired. has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
1. When providing services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.
Article 8 - Exclusion of right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which cannot be returned due to their nature;
-that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has removed the seal;
- for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
- regarding accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
- the delivery of which has started with the consumer's express consent before the cooling-off period has expired;
- regarding betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT -prices.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- the consumer has repaired and/or edited the delivered products himself or has had them repaired and/or edited by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
- the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the company.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a priorf designated representative and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and extension
Termination
1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can cancel the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- at least cancel in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has agreed for himself.
Extension
1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer refuses to accept this extended agreement. may terminate the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the end of the agreed duration. to postpone.
Article 13 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this shall period after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first contact the entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet found, the consumer has the option om to have his complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
GENERAL CONDITIONS OF WEIGHING EXPERTS FOR COMPANIES:
Article 1: Applicability
1.1. These conditions apply to all offers from Weegexpert for companies, to all agreements they conclude and to all agreements that may result from this.
1.2. The provider/supplier is Weegexpert. This is referred to as the contractor. The other party is referred to as the client.
1.3. In the event of a conflict between the content of the agreement concluded between the client and the contractor and these general terms and conditions, the provisions of the agreement apply.
Article 2: Offers
2.1. All offers are without obligation.
2.2. If the client provides the contractor with data, drawings, etc., the contractor may assume that these are correct and will base his offer on this.
2.3. The prices stated in the offer are based on delivery ex works, in accordance with Incoterms 2000. The prices are exclusive of sales tax and packaging.
2.4. If his offer is not accepted, the contractor has the right to charge the client for all costs he has had to incur in making his offer.
Article 3: Intellectual property rights
3.1. Unless otherwise agreed in writing, the contractor retains the copyrights and all industrial property rights to the offers made by him, designs, images, drawings, (test) models, software, etc. provided by him.
3.2. The rights to the data referred to in paragraph 1 remain the property of the contractor, regardless of whether the client has been charged for its production. This data may not be copied, used or shown to third parties without the prior express written permission of the contractor. The Client owes the Contractor a fine of €25,000 for each violation of this provision. This fine can be claimed in addition to compensation under the law.
3.3. The Client must return the information provided to him as referred to in paragraph 1 upon first request within the period set by the Contractor. If this provision is violated, the client owes the contractor a fine of € 1,000 per day. This fine can be claimed in addition to compensation under the law.
Article 4: Advice, designs and materials
4.1. The Client cannot derive any rights from advice and information it receives from the Contractor if it does not directly relate to the assignment.
4.2. The Client is responsible for the drawings, calculations and designs made by or on behalf of him and for the functional suitability of materials prescribed by or on behalf of him.
4.3. The Client indemnifies the Contractor against any claims from third parties relating to the use of drawings, calculations, designs, materials, samples, models and the like provided by or on behalf of the Client.
4.4. The Client may inspect or have the materials that the Contractor wishes to use examined at its own expense before they are processed. If the contractor suffers damage as a result, this will be borne by the client.
Article 5: Delivery time
5.1. The delivery time and/or implementation period are determined approximately by the contractor.
5.2. When determining the delivery time and/or execution period, the contractor assumes that he can carry out the assignment under the circumstances known to him at that time.
5.3. The delivery time and/or implementation period only commences when agreement has been reached on all commercial and technical details, all necessary data, final, approved drawings, etc. are in the possession of the contractor, the agreed (instalment) payment has been received and the necessary conditions have been met. for the execution of the assignment has been met.
5.4.
a. If there are circumstances other than those that were known to the contractor when he determined the delivery time and/or performance period, the contractor may extend the delivery time and/or performance period by the time necessary to complete the assignment under these circumstances.
to be carried out. If the work cannot be fitted into the contractor's planning, it will be carried out as soon as his planning allows this.
b. If there is additional work, the delivery time and/or implementation period will be extended by the time required to deliver the materials and parts for this and to carry out the additional work. If the additional work cannot be fitted into the contractor's schedule,
The work will be carried out as soon as the planning allows this.
c. If there is a suspension of obligations by the contractor, the delivery time and/or implementation period will be extended by the duration of the suspension. If continuation of the work cannot be fitted into the contractor's schedule, the
work will be carried out as soon as the planning allows this. d. If there is unworkable weather, the delivery time and/or execution period will be extended by the resulting delay.
5.5. Exceeding the agreed delivery time and/or implementation period will under no circumstances give the right to compensation, unless this has been agreed in writing.
Article 6: Transfer of risk
6.1. Delivery takes place ex works, “ex works”, in accordance with Incoterms 2000; the risk of the item passes at the time the contractor makes it available to the client.
6.2. Regardless of the provisions of the previous paragraph, the client and the contractor can agree that the contractor will take care of the transport. The risk of storage, loading, transport and unloading also rests with the client in that case. The Client can insure itself against these risks.
6.3. If there is a trade-in and the client continues to use the item to be exchanged pending delivery of the new item, the risk of the item to be exchanged remains with the client until the moment that he has placed it in the possession of the contractor.
Article 7: Price change
7.1. An increase in cost-determining factors arising after the conclusion of the agreement may be passed on by the contractor to the client if compliance with the agreement has not yet been completed at the time of the increase.
7.2. The Client is obliged to pay the price increase as referred to in paragraph 1 at the same time as payment of the principal amount or the next agreed payment term.
7.3. If goods are supplied by the client and the contractor is prepared to use them, the contractor may charge a maximum of 20% of the market price of the goods supplied.
Article 8: Impracticability of the assignment
8.1. The contractor has the right to suspend the fulfillment of its obligations if it is temporarily prevented from fulfilling its obligations due to circumstances that could not have been expected when the agreement was concluded and that are beyond its control.
8.2. Circumstances that could not have been expected by the contractor and that are beyond its control include, among other things, the circumstance that suppliers and/or subcontractors of the contractor do not meet their obligations or do not meet them on time, the weather, earthquakes, fire, loss or theft of tools, loss of materials to be processed, road blocks, strikes or work stoppages and import or trade restrictions.
8.3. The Contractor is no longer entitled to suspend if the temporary inability to comply has lasted more than six months. The agreement can only be dissolved after this period has expired and only for that part of the obligations that have not yet been fulfilled. In that case, the parties are not entitled to compensation for damages suffered as a result of the dissolution
suffer damage.
Article 9: Scope of the work
9.1. The Client must ensure that all permits, exemptions and other decisions necessary to carry out the work have been obtained in a timely manner.
9.2 The price of the work does not include:
a. the costs for excavation, piling, cutting, demolition, foundation, masonry, carpentry, plastering, painting, wallpapering, repair or other construction work;
b. the costs for connecting gas, water, electricity or other infrastructure facilities;
c. the costs of preventing or limiting damage to items present at or near the work;
d. the costs for the removal of materials, building materials or waste;
e. travel and accommodation.
Article 10: Changes in the work
10.1. Changes to the work will in any case result in more or less work if:
a. there is a change in the design, specifications or specifications;
b. the information provided by the client does not correspond to reality;
c. estimated quantities are deviated by more than 10%.
10.2. Additional work is calculated on the basis of the value of the price-determining factors that apply at the time the additional work is performed. Less work will be settled on the basis of the value of the price-determining factors that applied at the time of concluding the agreement.
10.3. If the balance of the reduced work exceeds that of the additional work, the contractor may charge the client 10% of the difference in the balances in the final settlement. This provision does not apply to reduced work resulting from a request from the contractor.
Article 11: Execution of the work
11.1. The Client ensures that the Contractor can carry out his work undisturbed and at the agreed time and that he has access to the necessary facilities when carrying out his work, such as:
- gas, water and electricity;
- heating;
- lockable dry storage space;
- facilities prescribed on the basis of the Working Conditions Act and regulations.
11.2. The Client is liable for all damage, including as a result of loss, theft, burning or damage to property of the contractor, client and/or third parties, such as tools and materials intended for the work, which are located at the location where the work is carried out or at another agreed place.
11.3. If the client does not fulfill its obligations as described in the previous paragraphs and this causes a delay in the execution of the work, the work will be carried out as soon as the client still meets all its obligations and the contractor's planning allows this. The Client is liable for all damage suffered by the Contractor as a result of the delay.
Article 12: Completion of the work
12.1. The work is considered completed when:
a. the client has approved the work;
b. the work has been put into use by the client. If the client puts part of the work into use, that part will be considered completed;
c. the contractor has informed the client in writing that the work has been completed and the client has not stated in writing within 14 days of the notification whether or not the work has been approved;
d. the client does not approve the work on the basis of minor defects or missing parts that can be repaired or delivered within 30 days and that do not prevent the work from being put into use.
12.2. If the client does not approve the work, he is obliged to inform the contractor of this in writing, stating the reasons.
12.3. If the client does not approve the work, he will give the contractor the opportunity to re-deliver the work. The provisions of this article apply again.
12.4. The Client indemnifies the Contractor against claims from third parties for damage to uncompleted parts of the work caused by the use of already completed parts of the work.
Article 13: Liability
13.1. The contractor is liable for damage suffered by the client that is the direct and exclusive result of a shortcoming attributable to the contractor. However, only damage against which the contractor is insured or should reasonably have been insured is eligible for compensation.
13.2. If, at the time of entering into the agreement, it is not possible for the contractor to take out insurance as referred to in paragraph 1 or to renew it under reasonable conditions, the compensation for the damage is limited to the amount paid by contractor has been charged for the present agreement (excluding VAT).
13.3. Not eligible for reimbursement:
a. business damage, including, for example, stagnation damage and lost profits. If desired, the Client must insure itself against this damage;
b. supervision damage. Supervision damage includes damage caused by or during the execution of the work to items being worked on or to items located in the vicinity of the place where work is being done. If desired, the Client must insure itself against this damage;
c. damage caused by intent or deliberate recklessness of assistants or non-managerial subordinates of the contractor.
13.4. The contractor is not liable for damage to material supplied by or on behalf of the client as a result of improper processing. At the request of the client, the contractor will carry out the processing again, with new material supplied by the client at his expense.
13.5 The Client indemnifies the Contractor against all claims from third parties due to product liability as a result of a defect in a product that has been delivered by the Client to a third party and that (partly) consisted of products and/or materials supplied by the Contractor.
Article 14: Warranty
14.1. The Contractor guarantees the proper execution of the agreed performance for a period of six months after delivery.
14.2. If the agreed performance consists of contracting work, the contractor guarantees the soundness of the construction delivered and the materials used for the period referred to in paragraph 1, provided that he was free to choose them.
If it turns out that the delivered construction and/or the material used are not sound, the contractor will repair or replace it. The parts that are repaired or replaced by the contractor must be sent to the contractor free of charge. Dismantling and assembly of these parts and any travel and accommodation costs incurred will be borne by the client.
14.3. If the agreed performance (partly) consists of the processing of material supplied by the client, the contractor guarantees the soundness of the processing carried out for the period referred to in paragraph 1.
If it appears that an operation has not been carried out properly, the contractor will choose whether to:
- redo the operation. In that case, the client must supply new material at his own expense;
- repairs the defect. In that case, the client must return the material to the contractor carriage paid;
- the client credits a proportionate part of the invoice.
14.4. If the agreed performance consists of the delivery of an item, the contractor guarantees the soundness of the delivered item during the period referred to in paragraph 1. If it turns out that the delivery was not correct, the item must be returned to the contractor carriage paid. The contractor will then choose whether to:
- repairs the case;
- replaces the item;
- the client credits a proportionate part of the invoice.
14.5. If the agreed performance (partly) consists of the installation and/or assembly of a delivered item, the contractor guarantees the soundness of the installation and/or assembly for the period referred to in paragraph 1. If it appears that the installation and/or assembly has not been carried out properly, the contractor will repair this. Any travel and accommodation costs incurred will be borne by the client.
14.6. The manufacturer's warranty applies to those parts for which the client and contractor have expressly agreed in writing. If the client has had the opportunity to take note of the contents of the manufacturer's warranty, it will replace the warranty under this article.
14.7. The Client must in all cases offer the Contractor the opportunity to repair any defect and/or to carry out the processing again.
14.8. The client can only invoke the warranty after he has fulfilled all his obligations towards the contractor.
14.9. a. No warranty is given as soon as defects are the result of:
- normal wear and tear;
- improper use;
- no maintenance or incorrect maintenance;
- installation, assembly, modification or repair by the client or by third parties.
b. No guarantee is given on delivered goods that were not new at the time of delivery or on goods prescribed by the client or supplied by or on behalf of the client;
c. No guarantee is given on the inspection and/or repair of client's items.
Article 15: Complaints
The Client can no longer rely on a defect in performance if he has not complained to the Contractor in writing within fourteen days after he discovered the defect or reasonably should have discovered it.
Article 16: Items not purchased
If items have not been purchased after the delivery time has expired, they will remain at the disposal of the client. Items not purchased are stored at the expense and risk of the client. The contractor may always use the authority of Article 6:90 of the Dutch Civil Code.
Article 17: Payment
17.1. Payment is made at the contractor's place of business or into an account designated by the contractor.
17.2. Unless otherwise agreed, payment takes place as follows:
a. cash at counter sales;
b. for installment payment:
- 40% of the total price upon order;
- 50% of the total price after delivery of the material or if the delivery of material is not included in the order after the start of the work;
- 10% of the total price upon delivery;
c. in all other cases within thirty days after the invoice date.
17.3. Regardless of the agreed payment conditions, the client is obliged to provide sufficient security for payment at the request of the contractor. If the client does not comply with this within the set period, he will immediately be in default. In that case, the contractor has the right to terminate the agreement and recover damages from the client.
17.4. The client's right to settle its claims against the contractor is excluded, unless the contractor is bankrupt or judicial debt restructuring applies to the contractor.
17.5. The full claim for payment is immediately due and payable if:
a. a payment term has been exceeded;
b. the client has gone bankrupt or is requesting a suspension of payments;
c. property or claims of the client are seized;
d. client (company) is dissolved or liquidated;
e. the client (natural person) requests to be admitted to judicial debt restructuring, is placed under guardianship or dies.
17.6. If payment has not been made within the agreed payment term, the client immediately owes interest to the contractor. The interest is 12% per year, but is equal to the statutory interest if this is higher. When calculating interest, part of the month is considered a full month.
17.7. When payment has not occurred within the agreed payment term, the client owes the contractor all extrajudicial costs with a minimum of € 75.00.
The costs are calculated based on the following table:
on the first € 3,000 = 15%
on the excess up to € 6,000, = 10%
on the excess up to € 15,000, = 8%
on the excess up to € 60,000, = 5%
on the excess from € 60,000, = 3%
If the actual extrajudicial costs incurred are higher than those resulting from the above calculation, the actual costs incurred are due.
17.8. If the contractor is successful in legal proceedings, all costs incurred in connection with these proceedings will be borne by the client.
Article 18: Retention of title and right of pledge
18.1. After delivery, the contractor remains the owner of delivered goods as long as the client:
a. fails or will fail in the fulfillment of its obligations under this agreement or other similar agreements;
b. does not pay or will not pay for work performed or yet to be performed under such agreements;
c. has not paid claims arising from failure to comply with the above agreements, such as damage, fines, interest and costs.
18.2. As long as there is a retention of title on delivered goods, the client may not encumber them outside its normal business operations.
18.3. After the contractor has invoked his retention of title, he may retrieve the delivered goods. The Client allows the Contractor to enter the location where these items are located.
18.4. If the contractor cannot invoke its retention of title because the delivered goods have been mixed, deformed or traced, the client is obliged to pledge the newly formed goods to the contractor.
Article 19: Termination
If the client wishes to terminate the agreement without there being a shortcoming on the part of the contractor and the contractor agrees to this, the agreement will be terminated by mutual consent. In that case, the contractor is entitled to compensation for all financial damage such as losses suffered, lost profits and costs incurred.
Article 20: Applicable law and competent court
20.1. Dutch law applies.
20.2. The Vienna Sales Convention (C.I.S.G.) does not apply, nor does any other international regulation from which exclusion is permitted.
20.3. Only the Dutch civil court that has jurisdiction in the contractor's place of business will hear disputes, unless this is contrary to mandatory law. The contractor may deviate from this jurisdiction rule and apply the statutory jurisdiction rules.
20.4. Parties can agree on another form of dispute resolution, such as arbitration or mediation.