Terms and Conditions
Article 1. Applicability of these terms
-
These terms apply to all quotes and all agreements entered into by: Renovlies.net trading under Schildersbedrijf Roland Visser and Wereldschilder.nl. Röntgenweg 16 2408 AB Alphen a/d Rijn KVK 53382366 hereinafter referred to as the contractor.
-
"Terms" refers to these general terms and conditions of the contractor.
-
"Agreement" refers to the agreement between the client and the contractor. "Assignment" also includes the contracting of work.
-
Deviations from these terms are only valid if agreed upon in writing. The contractor will not invoke these terms in contracts with consumers if they infringe upon or detract from the consumer's statutory rights.
Article 2. Quote
Quotes are valid only for the period stated in them. If no period is stated, a period of fourteen days applies.
Article 3. General terms of contracting parties and/or third parties
-
The contractor only accepts the applicability of the client's general terms if these are expressly agreed upon in writing.
-
Any applicability of the client's general terms does not affect the applicability of the contractor's terms.
-
The client's general terms only apply to the specific assignment for which they are intended.
Article 4. 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 5. Obligations of the client
-
The client ensures that the contractor has timely access to: a. the data and approvals required for the setup of the work (such as permits, exemptions and decisions, etc.), as directed by the contractor; b. the site and/or space where the work is to be carried out; c. sufficient opportunity for the supply, storage and/or removal of building materials, materials and equipment. d. Electricity and water.
-
The client is not entitled to compensation for the items mentioned in paragraph 1 unless otherwise agreed upon when entering into the agreement.
-
If the items mentioned in paragraph 1 are not met, the client is liable for all consequences if this does not happen or does not happen on time. This also applies if materials to be supplied by the client or parts of the work to be carried out by the client are not delivered or carried out on time, incompletely or defectively. The contractor is in no case in default because of this reason being unable to carry out the planned work. The contractor is also entitled to charge delay costs to the client.
Article 6. Prices
-
The prices stated by the contractor in quotes include VAT and are based on the cost-determining factors at that time.
-
In the case of excessive price increases, for example during a pandemic, from our suppliers of goods and services, we will pass these on. We will normally absorb these price increases. However, if these price increases are 5% or more, we will make these price increases transparent and partially pass them on to you for the portion of the price increase. We apply the price increase minus 2.5%. This means we absorb part of the price increase ourselves.
-
If the period between signing the quote and carrying out the work is longer than six months, we reserve the right to apply a rate adjustment. For this rate adjustment, we use the prices applicable at that time as listed on our website. In that case, you have the right to cancel the assignment free of charge. This adjustment will be communicated no later than two weeks before the planned key handover, provided we are informed of this date in time. Any previously agreed discounts remain fully in effect.
Article 7. Additional and reduced work
-
The work only includes the activities specified in the quote. The costs of additional work are entirely at the expense of the client.
-
Additional work includes, on the one hand, extra work because the client has additional wishes beyond the previously quoted work to be carried out. On the other hand, additional work arises because it becomes clear during execution that more unforeseen work needs to be done than specified in order to achieve the quoted end result.
-
Additional work is charged based on hours worked and materials used.
-
Square metres stated in the quote are an estimate. Final billing is based on an on-site measurement of the work delivered, in the presence of the client if desired.
Article 8. Suspension and withdrawal
-
If the client temporarily suspends or fully withdraws the execution for a reason not attributable to the contractor, the contractor is entitled to compensation for damages. The damages include communication regarding the quote and lost income due to blocked days in our planning.
-
The compensation is €1,000 excl. VAT per 100m2. In addition, the costs for paint already mixed to colour for the client will be charged.
-
A party that is obliged to perform first is entitled to suspend the fulfilment of its performance if there are reasonable grounds to fear that the other party will not, or not timely, fulfil its obligations.
-
The feared shortcoming must be serious enough to justify the suspension.
Article 9. Delivery of work
-
When the agreed work is completed, the contractor notifies the client that the work is ready for delivery.
-
The client must inspect the work within 8 days of the notification mentioned in paragraph 1. After acceptance, the work is considered delivered. If the client does not inspect the work within 8 days, they are deemed to have accepted the work tacitly.
Article 10. Remedying defects
-
Identified defects must be reported in writing and in detail to the contractor within 3 days of the inspection described above.
-
Defects that were not observable during the inspection described above must be reported in writing to the contractor by the client within 8 days of observing these defects.
-
The contractor assesses the defects and determines whether they are liable for them. The contractor is, among other things, not responsible for defects resulting from the client failing to provide information, or not providing it on time or in full, which the client is obliged to provide.
-
The contractor has the right to carry out repairs themselves for defects for which they are liable.
-
If the client does not comply with the method of reporting defects described in paragraphs 1 and 2, their right to claim repair by the contractor lapses. Nor can they recover the costs of repair by third parties from the contractor.
Article 11. Liability for substrate and materials provided by the client
-
The client is liable for damage caused by materials, tools or the processed substrate made available or prescribed by or on behalf of the client.
-
If the client wishes certain materials or components to be supplied by specifically named manufacturers or suppliers, the contractor will not be held to a greater responsibility or longer warranty period than the manufacturer or supplier of these components or materials is willing to accept towards the contractor.
Article 12. Liability
The contractor is not obliged to compensate a client, not being a consumer, for business and/or consequential damages for an amount higher than the sum for which their professional liability insurance provides coverage in the relevant case.
Article 13. Damage caused by other suppliers hired by you.
If damage is caused to our work during our activities by other suppliers of yours, we will charge you €800.00 per working day excluding 21% VAT. We will look together with you at the possibility of repair within the existing planning or any overrun caused by the damage. We cannot take responsibility for planning overruns or additional work caused by external parties. [Two employees make one team. This team works 8 hours per day = 16 hours. And one day of planning delay. One hour is €50.00 excl. VAT x 16 hours is €800.00.]
Article 14. Payment
-
Payment must be made within 14 days of sending the invoice.
-
If payment of the invoice is not received within the set period, the contractor is entitled to charge the client the statutory interest, calculated from the date the invoice was sent.
-
After proper notice of default, the contractor is entitled to claim all costs, beyond the principal sum and interest, caused by non-payment, both judicial and extrajudicial, including the costs of a lawyer, solicitor, agent, bailiff and collection agency.
-
The claim for payment is immediately due and payable when the client is in default, or when one of the parties has dissolved the agreement.
Article 15. Dissolution
If one of the parties remains in default after being given notice of default by the other party, the latter is entitled to dissolve the agreement. The right to dissolve exists in any case if the other party:
-
becomes bankrupt, applies for a suspension of payments or debt restructuring
-
has a guardianship order requested, or when any attachment is placed on the client's assets and/or claims.
-
upon death, or liquidation or dissolution of the client's business.
Article 16. Retention of title
The contractor retains ownership of delivered goods until the client has fully met their (payment) obligations.
Article 17. Termination of agreement in case of force majeure
The client reserves the right in case of force majeure, for example illness or death of the contractor, to terminate the assignment unilaterally. We will inform you of this as soon as possible so that you can find another contractor. We are not liable for any consequences.
Article 18. Lapse of warranty
If you ask one of our employees, without permission, to carry out work outside the initial assignment, all warranties will lapse and our employee will be offered immediate dismissal.
Article 19. Damage/missing goods
We are not liable for damage, whether or not caused by construction defects, or for the loss of personal belongings during our presence.
Date: 11 February 2025
