Terms & conditions - GoeD Renovatie B.V.

GENERAL TERMS & CONDITIONS

General Terms and Conditions

GoeD Renovatie B.V. — Renovation, Finishing and Installation Works

GoeD Renovatie B.V.

[Address]

[Postal code and city]

Chamber of Commerce (KvK) number: [KvK number]

E-mail: [e-mail address] | Website: [website]

Version [date] — applicable to all quotations and agreements from this date onward.

This is an English translation of the Dutch-language General Terms and Conditions

of GoeD Renovatie B.V., prepared for convenience. In the event of any discrepancy

between this translation and the Dutch original, the Dutch text prevails, and

Dutch law governs the underlying agreement (see Article 19).

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Consumer: the natural person who is not acting in the course of a profession or business and who instructs the contractor to carry out works.
Contractor: GoeD Renovatie B.V., established in [city], Chamber of Commerce (KvK) number [KvK number], who applies these general terms and conditions.
Works: the entirety of the renovation, plastering, painting, wallpapering, tiling, flooring, sanitary/plumbing, installation and other finishing works agreed between consumer and contractor, including materials supplied by the contractor in connection therewith.
Quotation: the written or electronic offer made by the contractor to carry out the works.
Fixed price: the pricing method whereby the parties agree a fixed amount for the entire works.
Time and materials: the pricing method whereby the works are charged on the basis of previously agreed hourly rates and material prices.
Completion: the moment at which the works are reported as finished and accepted by the consumer, or deemed to have been accepted pursuant to Article 9.
Warranty period: the period of 24 months after completion during which the contractor guarantees properly executed works in accordance with Article 14.

Article 2 – Scope

These general terms and conditions apply to all quotations from, orders to, and agreements with GoeD Renovatie B.V. relating to the renovation, remodeling, maintenance and finishing of immovable property, including, in any case, plastering, painting, wallpapering, tiling and flooring, sanitary and plumbing works, other installation works, and any other renovation-related works.
Any deviation from these terms and conditions to the detriment of the consumer is only valid if expressly agreed in writing.
If any provision of these terms and conditions is void or voidable, the remaining provisions shall remain in full force and effect.

Article 3 – Quotation

Every quotation is dated and, unless stated otherwise, irrevocable for 30 days after receipt by the consumer.
The quotation is preferably made in writing or electronically, unless urgent circumstances make this impossible.
The quotation contains as complete and accurate a description as possible of the works to be carried out and the materials to be supplied, sufficiently detailed to enable the consumer to properly assess the quotation.
The quotation states the moment or period at which the works can commence, the expected duration of the works, and a fixed or estimated completion date.
The quotation indicates whether the works will be charged on a fixed-price or time-and-materials basis: (a) under a fixed price, the parties agree a fixed amount for the entire works; (b) under time-and-materials, the contractor provides an accurate statement of the hourly rates and material prices to be applied and, at the consumer’s request, an indicative price, unless this is reasonably not possible.
The quotation states the method of payment and is accompanied by a copy of these general terms and conditions.

Article 4 – Formation of the agreement

The agreement is formed upon acceptance of the quotation by the consumer, preferably in writing or electronically. In the event of verbal acceptance, the contractor confirms the order in writing or electronically as soon as possible.

Article 5 – Obligations of the contractor

The contractor shall carry out the works properly and diligently, in accordance with the agreement and the standards of good workmanship.
The contractor shall observe the statutory regulations and standards applicable to the works.
The contractor shall warn the consumer of inaccuracies in the instructed works (including working on an unsuitable substrate), defects in the property on which the works are carried out, and defects in or unsuitability of materials or tools made available by the consumer, insofar as the contractor was aware thereof or reasonably should have been aware thereof.
The contractor is liable for damage resulting from the execution of the works, unless such damage cannot be attributed to the contractor.
The contractor shall have the works carried out by suitably qualified personnel and/or subcontractors and remains fully responsible to the consumer for subcontracted work.
The contractor shall indemnify the consumer against third-party claims for compensation of damage, insofar as such damage was caused by the execution of the works and is attributable to the contractor or persons engaged by the contractor.
The contractor is obliged to be adequately insured against the risks of its business operations, including liability and damage to the works up to completion.

Article 6 – Obligations of the consumer

The consumer shall give the contractor timely access to enable the works to be carried out and shall ensure access to the relevant areas.
The consumer shall ensure the timely availability of any permits, exemptions and information required for the works, insofar as these are not expressly arranged by the contractor.
The consumer shall provide timely access to electricity, gas and water; the costs thereof are for the consumer’s account.
If the consumer has works carried out by third parties that do not form part of the works, the consumer shall ensure that this does not delay or obstruct the progress of the works, and shall inform the contractor thereof in a timely manner.
Delay-related damage resulting from circumstances referred to in paragraphs 2 through 4, insofar as attributable to the consumer, shall be borne by the consumer.
The consumer is responsible for the soundness of materials made available by the consumer and of any design produced by or on behalf of the consumer, unless and insofar as the contractor has assumed that responsibility in writing. This does not affect the contractor’s duty to warn under Article 5(3).
The consumer shall report defects in the works to the contractor as soon as possible, preferably in writing or electronically.

Article 7 – Additional and reduced work

Under a fixed-price arrangement, the consumer may, without a separate agreement being required, instruct additional or reduced work, provided that the net balance of the resulting settlements does not exceed 10% of the fixed price.
Additional or reduced work exceeding 10% of the fixed price shall, except in urgent circumstances, be agreed in writing or electronically prior to execution.
The contractor may only claim a price increase for additional work if the contractor has timely notified the consumer of the resulting price increase, unless the consumer should have understood this without notification.
In case of dispute, the burden of proof regarding the existence of an instruction for additional or reduced work rests on the party invoking it.

Article 8 – Unforeseen circumstances and force majeure

If unforeseen circumstances arise during execution that constitute a material obstacle to the works, the contractor shall notify the consumer as soon as possible. The parties shall then consult on the consequences thereof.
If the unforeseen circumstance requires immediate action and the consumer cannot be reached, the contractor may incur reasonable costs to prevent or limit damage; these costs shall be borne by the consumer, unless, according to standards of reasonableness and fairness, they should be borne by the contractor.
If the execution of the works becomes temporarily impossible for one of the parties due to force majeure, the other party is released from its related obligations for that period.
If execution becomes permanently impossible due to a cause not attributable to either party, the other party is entitled to terminate the works against reimbursement of the costs reasonably incurred by the contractor.

Article 9 – Completion

The works are completed as soon as the contractor has notified the consumer that the works have been finished and the consumer has accepted the works. Wherever possible, a completion report signed by both parties shall be drawn up, recording any unacknowledged defects.
The works are deemed completed: (a) when 8 working days have elapsed after the consumer received notice of completion, without the consumer having rejected the works with reasons within that period; or (b) when the consumer (partially) takes the works, or the object on which the works were carried out, into use, provided that use of part of the works shall only cause that part to be deemed completed, unless that consequence would be unjustified.
Acknowledged defects shall be remedied as soon as possible, but no later than within 15 working days after completion, unless the contractor demonstrates that this is not reasonably feasible.
After completion, the risk in the works passes to the consumer.

Article 10 – Payment in installments

The parties may agree that payment is made in installments, in proportion to the progress of the works. No advance payment is required prior to the commencement of the works.
Each installment invoice must be paid no later than two weeks after receipt.
If the contractor fails to fulfil its obligations regarding the continuation of the works, the consumer is entitled to suspend payment of the next installment(s), to the extent reasonably proportionate to the shortcoming.

Article 11 – Final invoice

Within a reasonable period after completion, the contractor shall submit the final invoice.
The final invoice contains a clear description of the works carried out, broken down by the original order and any additional and/or reduced work.
Under time-and-materials pricing, a breakdown is provided of the materials used and their cost, the hours worked and hourly rates, and other costs.
If the contractor has provided an indicative price under time-and-materials pricing, this may not be exceeded by more than 10%, except for additional work in accordance with Article 7; any excess shall be explained in the breakdown.
Payment of the final invoice shall take place within three weeks of receipt.

Article 12 – Late payment

If the consumer does not pay on time, the contractor shall send a payment reminder and give the consumer the opportunity to pay within 14 days of receipt.
If payment remains outstanding thereafter, the contractor is entitled to charge statutory interest from the original due date, as well as reasonable extrajudicial collection costs within the statutory limits.
The contractor is entitled to suspend the works if the consumer, after written demand and the granting of a period of at least 7 days, fails to pay. This does not affect the contractor’s right to compensation for damage and costs.
If the contractor, in turn, fails to fulfil its obligations, the consumer may give the contractor written notice to perform within a reasonable period. If performance remains outstanding, the consumer may have the works completed by a third party, without prejudice to the consumer’s right to compensation for the resulting damage and costs.

Article 13 – Termination and suspension

The consumer is entitled to terminate the agreement in whole or in part, or to (temporarily) suspend the works.
In the event of termination, the contractor is entitled to the agreed price for the works already carried out, increased by the cost of materials already ordered and costs reasonably incurred, and decreased by the costs saved by the contractor as a result of the termination.
In the event of suspension at the consumer’s request, the resulting costs and damage for the contractor shall be borne by the consumer. If the suspension lasts longer than one month, the contractor is entitled to terminate the works in their unfinished state, following joint recording of the state of the works and settlement in accordance with paragraph 2.
This article does not apply insofar as the termination or suspension results from a shortcoming on the part of the contractor.

Article 14 – Warranty

The contractor guarantees that defects appearing in the works within 24 months after completion will be remedied free of charge, unless the contractor demonstrates that the defect is not attributable to the execution of the works, or results from normal wear and tear, improper use, or insufficient maintenance by the consumer.
For sanitary and installation components (such as taps, appliances, pipework and other materials), the manufacturer’s or supplier’s warranty for the relevant material shall additionally apply, insofar as applicable; the contractor shall cooperate to enable the consumer to invoke this warranty upon request.
This warranty does not affect the contractor’s potential liability under the law after the warranty period, for example for defects that the consumer could not reasonably have discovered earlier, or for serious defects affecting the structural integrity of the works.
The consumer shall report any defect to the contractor within a reasonable time after discovery.
Minor imperfections that do not detract from the usability, durability or appearance of the works fall outside the warranty.

Article 15 – Liability

The contractor is liable for damage that is the direct result of an attributable shortcoming in the execution of the works, unless and insofar as such damage is not attributable to the contractor.
The contractor’s liability for damage is limited to the amount paid out by its liability insurance in the relevant case, increased by the applicable deductible. If, for whatever reason, no payment is made by the insurer in a specific case, liability is limited to the amount of the fixed price, unless this would be unacceptable according to standards of reasonableness and fairness.
This article does not limit the contractor’s liability for damage resulting from intent or deliberate recklessness on the part of the contractor or its management, nor any liability that cannot be limited or excluded under mandatory law.

Article 16 – Ownership of drawings and designs

Designs, drawings, descriptions, estimates and calculations provided by or on behalf of the contractor remain the property of the contractor and may not be made available to third parties, copied, or otherwise reproduced without its consent, unless and insofar as the order has been granted and the relevant documents form part of the execution of the works.

Article 17 – Complaints handling

Complaints regarding the execution of the agreement must be described as fully and clearly as possible and submitted to the contractor in a timely manner after discovery, preferably in writing or electronically.
The contractor shall inform the consumer as soon as possible, but no later than within two weeks, whether and in what manner it will address the complaint.

Article 18 – Dispute resolution

The parties shall first attempt to resolve any dispute through mutual consultation.
If such consultation does not lead to a resolution, either party may submit the dispute to an independent mediator, to be jointly appointed by the parties. Unless otherwise agreed, the costs of mediation shall be borne equally by the parties.
If mediation likewise does not lead to a resolution, the competent court in the Netherlands shall have jurisdiction over the dispute, without prejudice to the consumer’s right to bring the matter before the court that has jurisdiction under mandatory law.

Article 19 – Governing law

All agreements to which these general terms and conditions apply are governed by the laws of the Netherlands.

Article 20 – Amendment of these terms and conditions

GoeD Renovatie B.V. is entitled to amend these general terms and conditions. Amended terms and conditions apply to agreements formed after the date of the amendment.