Terms and Conditions

Article 1. Validity of these conditions

  1. These conditions apply to all quotations and to all agreements entered into by Bouwbedrijf Willie van Est, located at Bruningsstraat 21-1 4251 LA Werkendam, registered with the Chamber of Commerce under number 70691797, hereinafter referred to as ‘Contractor’. The applicability of purchase, tender or other conditions of the Client to existing or future offers, quotations and agreements is expressly excluded.
  2. Conditions are understood to mean: these general terms and conditions of the Contractor.
  3. Client is understood to mean: the person who instructs the Contractor to deliver an item or to convert or renovate it.
  4. Agreement is understood to mean: the agreement between the Client and the Contractor. An order also includes: the acceptance of a work
  5. By accepting the Contractor’s quotation, the Client accepts the Contractor’s terms and conditions
  6. Deviations from these Terms and Conditions are only valid if agreed in writing
  7. The Contractor will not invoke these Conditions in contracts with Clients if these conditions infringe or detract from the Client’s legal rights.

Article 2. Quotation and prices

  1. Quotations only apply for the period stated therein. If no term is stated, a term of fourteen days applies.
  2. The prices stated by the contractor in quotations include VAT and are based on the cost-determining factors at that time.
  3. Interim changes in material prices that arise more than three months after entering into the agreement can be passed on by the Contractor to the Client, if these are the result of legal regulations or provisions or if the Client has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Article 3. Obligations of the Contractor

The contractor undertakes to carry out the assigned work in accordance with the provisions of the law and the agreement.

Article 4. Obligations of the Client

  1. The Client ensures that the Contractor has:
  2. the information and approvals required for the design of the work (such as permits, exemptions and decisions, etc.), all on the instructions of the Contractor;
  3. the site and/or space where the work is to be carried out;
  4. sufficient opportunity for the supply, storage and/or removal of building materials, materials and tools.
  5. Electricity and water.
  6. The Client is not entitled to compensation for the items referred to in paragraph 1 unless otherwise agreed upon when entering into the agreement.
  7. If the client is responsible for the delivery of certain materials and/or the execution of certain parts of the work, he is liable if this is not done or not done on time.

Article 5. Extra unforeseen costs and more or less work

  1. The work only includes the work specified in the quotation.
  2. The costs of additional work are entirely borne by the Client and will be communicated to the Client in writing in advance. Additional work is charged on the basis of hours worked and materials used.
  3. The Contractor is entitled to pass on to the Client additional unforeseen costs that arise due to a cause not attributable to the Contractor.
  4. Unforeseen costs exist if the costs arose more than three months after entering into the agreement and which could not reasonably have been foreseen at the time the agreement was entered into.
  5. The Contractor is obliged to inform the Client immediately of the unforeseen costs.

Article 6. Payment

  1. Payment must be made within 14 days after sending the invoice.
  2. If payment of the invoice has not been received within the specified period, the contractor is entitled to charge the client the statutory interest, calculated from the due date of the invoice.
  3. If the Client fails to pay an invoice on time, the Client is legally in default. The Client is then – after the Contractor has informed him of the late payment and the Contractor has granted the Client a period of 14 (fourteen) days to still meet his payment obligations, after failure to pay within this 14-day period – statutory interest on the amount still owed and obliged to pay full compensation for the extrajudicial collection costs.
  4. The aforementioned extrajudicial collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500.00; 10% on the next € 2,500.00 and 5% on the next € 5,000.00 with a minimum of € 40.00. The Contractor may deviate from the amounts and percentages mentioned to the benefit of the Client.
  5. The Contractor has the right to have payments made by the Client firstly deducted from the costs, then from the accrued interest and finally from the principal sum and the current interest.

Article 7. Suspension and revocation

If the Client temporarily suspends or completely withdraws the performance due to a cause not attributable to the Contractor, the Contractor is entitled to compensation for its damage. If the Client withdraws the order, he is obliged to take over the materials and raw materials already purchased by the Contractor, whether or not treated or processed, at cost price, including wages and social security contributions. The Client will also be liable to pay compensation to the Contractor if the order is withdrawn. A party that is obliged to perform the former is entitled to suspend the fulfillment of its performance if there is a well-founded fear that the other party will not fulfill its obligations or will not fulfill them on time.

Article 8. Complaint period and warranty

  1. The contractor is obliged to deliver good and reliable work that meets the legal requirements and the agreement
  2. The Client is obliged to thoroughly inspect the work for defects immediately after delivery. This inspection must take place within eight days of delivery.
  3. Defects that could be noticed during a thorough investigation must be reported in writing and specified to the Contractor within eight days of delivery.
  4. Defects that were not observable upon thorough inspection must be reported to the Contractor in writing by the Client within 8 days of noticing these defects.
  5. The contractor must be enabled to check defects.
  6. The Contractor is not responsible for defects that are the result of failure to provide the Contractor with information that the Client is obliged to provide, or not to provide it on time or in full.
  7. The Client is liable for damage caused by building materials, materials or aids made available or prescribed by or on behalf of him.
  8. If the Client wishes certain materials or parts to be supplied by specifically mentioned manufacturers or suppliers, the Contractor will not be obliged to take a more extensive responsibility or longer warranty period than the manufacturer or supplier of these parts or materials is prepared to accept towards the Contractor.

Article 9 Non-compliance, suspension and dissolution

  1. In the event of non-payment (on time), the Contractor has the right to suspend performance until the Client has fully fulfilled its obligations, or to terminate the agreement after notice of default.
  2. Without further notice of default, the Contractor has the right to make all outstanding claims immediately due and/or to declare the agreement dissolved and/or to suspend its obligations, without prejudice to the right to claim damages, when:
  3. The Client is declared bankrupt or applies for a suspension of payments, or part or all of its assets are seized;
  4. Client dies;
  5. The Client shuts down or terminates its business or transfers it in whole or in part or contributes it to a company to be established or already existing, or changes the objectives of its business;
  6. Client acts contrary to the agreement;
  7. is seized at the expense of the Client.
  8. If one of the cases mentioned in this article occurs, the rights to performance remain intact. The Contractor cannot be held liable for paying compensation.
  9. The Client is obliged to notify the Contractor if there is a threat of non-compliance with the agreement.
  10. Upon termination of an agreement between the Contractor and the Client, rights, obligations and activities will cease to exist.

Article 10 Force majeure

  1. The Contractor is not obliged to fulfill any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not attributable to its fault, and which is not its responsibility under the law, a legal act or generally accepted views.
  2. In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which the Contractor has no influence, but as a result of which the Contractor is unable to fulfill its obligations. come. This includes situations of riot, war, government interference, domestic disturbances or uprising, strikes, work stoppages or lockouts, fire, explosion, transport delays, equipment failure, accidents, weather conditions and more generally all those events beyond the control and/or fault of the Contractor temporarily or permanently prevents further execution of the work. Force majeure also includes unforeseen circumstances relating to personnel and/or materials that the Contractor uses or tends to use in the performance of the agreement, which are of such a nature that the performance of the agreement is impossible or so difficult and/or or becomes disproportionately expensive that compliance with the agreement can no longer reasonably be expected from the Contractor. An appeal to force majeure can be made by the Contractor before, during and after the period in which the Contractor has committed itself under the agreement.
  3. If a situation of force majeure occurs, the Contractor is entitled to terminate the agreement, without obligation to compensate the Client for damage. During the period that the force majeure continues, the contractor may cease the performance of the agreed work and suspend its obligations under the agreement for a maximum of 6 months.
  4. To the extent that the Contractor has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of force majeure, the Contractor is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 11. Liability

The Contractor is not obliged to compensate any business and/or consequential damage suffered by a Client, other than the Client, for a higher sum than the amount for which its Professional Liability Insurance provides cover in the relevant case.

Article 12. Retention of title

The contractor reserves ownership of the delivered goods until the client has fully fulfilled his (payment) obligation.

Article 13. Final provisions and applicable law

  1. An agreement concluded between the Client and the Contractor can only be supplemented or amended by means of a written amendment signed by both parties.
  2. Dutch law applies to all agreements concluded between the Contractor and the Client.
  3. The court in the district of the Contractor’s place of business in the Netherlands has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Contractor has the right to submit the dispute to the competent court according to the law.