Article 1 - Quotation
1. The offer will be made in writing or electronically, barring urgent circumstances. The quotation shall include the following: a. a description of the work; b. the pricing method to be used for the work to be carried out: contract price or cost-plus. When using the contracting price method, the proprietor states a fixed price for the work described in the tender. When using the cost-plus pricing method, the proprietor states the price factors (such as hourly rates, surcharges and unit prices of the materials required). The turnover tax due will be stated separately in the quotation; c. whether a risk scheme will apply to the work, and if so, which one; d. whether any provisional costs have been taken into account, and if so, which ones; e. the applicability of these general terms and conditions to the quotation and to the ensuing building contract. 3. The offer shall be dated and shall be valid for thirty days from that day. 4. Drawings, technical descriptions, designs and calculations made by or on behalf of the contractor remain the contractor's property. They may not be made available or shown to third parties with a view to obtaining a comparable offer. Nor may they be copied or otherwise reproduced. If no order is granted, these documents must be returned to the contractor at the principal's expense within 14 days of a request to that effect. 5. If the offer is not accepted, the contractor shall be entitled to charge the costs involved in producing the offer to the party at whose request he produced the offer, if he has stipulated this before producing the offer.
Article 2: Agreement and contract documents
1. The agreement is concluded by acceptance of the offer by the principal. 2. If an order is given by two or more principals, they will be jointly and severally liable and the contractor will be entitled to performance in respect of each of them.
Article 3: Client's obligations
1. Unless otherwise agreed, Main Contractor will ensure that Supplier has timely access to: a. the data and approvals (such as public and private permits) required for setting up the work, if necessary in consultation with Supplier; b. the building, site or water in or on which the work is to be performed; c. sufficient facilities for the supply, storage and/or removal of building materials and tools; d. connection facilities for electrical machines, lighting, heating, gas, compressed air and water. 2. The electricity, gas and water required will be at the principal's expense. 3. Client will not be permitted to carry out work (or have work carried out) on the work himself or by third parties before the day on which the work is deemed to have been completed, except with the contractor's permission. 4. Without the prior written or electronic consent of the contractor, the principal will not be permitted to transfer his rights and obligations under the agreement to a third party before the day on which the work is deemed to have been completed.
Article 4 - Obligations of the entrepreneur
1.The entrepreneur shall perform the work well, soundly and according to the provisions of the agreement. The work shall be carried out within normal working hours, unless otherwise agreed. When carrying out the work, the proprietor observes the applicable regulations as they are or will be in force at the time the work is carried out. 3. The proprietor is required to point out to the consumer - defects in the constructions and working methods required by the consumer; defects in the moveable or immoveable property on which the work is being carried out; - defects in, or unsuitability of, materials or tools made available by the consumer; all this unless the proprietor was unaware, or should not reasonably have been aware, of these defects or inaccuracies. 4. The proprietor is liable for damage, unless this cannot be attributed to him. The proprietor shall ensure that the work is carried out by persons who are experts in the field. 6. The proprietor indemnifies the consumer against third-party claims for compensation for damage, in so far as this is caused by the implementation of the work and can be blamed on the negligence, carelessness or incorrect actions of the proprietor himself, his subordinates or other auxiliary persons he has engaged during the implementation of the work.
Article 5 - Obligations of the consumer
The consumer gives the proprietor the opportunity to carry out the work. The consumer ensures that the proprietor receives the necessary approvals (such as permits, etc.) and the information required for the work in good time. The consumer provides the connection facilities available to him for the energy and water required for the work. The costs of electricity, gas and water are for his account. 4. The consumer should ensure that activities and/or deliveries to be carried out by third parties that do not form part of the proprietor's work are carried out in such a way and in such timely fashion that the implementation of the work is not delayed. If a delay nevertheless occurs, the consumer should inform the proprietor in good time. 5.If the start or progress of the work is delayed by circumstances as referred to in the previous paragraph, the consumer should compensate the proprietor for the related damage and costs, if these circumstances can be attributed to him. 6. If the consumer appeals to the guarantee provisions of Article 15 of these Terms and Conditions, the proprietor, in order to be able to determine possible liability, should be given the opportunity to carry out destructive testing, if necessary, in the least onerous way for the consumer. The consumer should report defects in the work to the proprietor, preferably in writing, within a reasonable time after he has discovered them or should reasonably have discovered them. The consumer bears the risk for damage caused by - inaccuracies in the constructions and working methods required by the consumer; - defects in the (un)movable property on which the work is being carried out; - defects in materials or tools made available by the consumer. This does not affect the obligation of the proprietor to warn the consumer on the grounds of article 5 paragraph 3.
Article 6 - Additional and less work
1.In the case of the contract price formation method within the meaning of Article 3(5), the consumer may order additional or less work in accordance with the price formation method after the contract has been concluded without concluding a separate contract, provided that the balance of the resulting settlements does not exceed 10% of the price of the work. 2.Extra or less work for a total amount exceeding 10% of the price of the work shall, except in urgent circumstances, be agreed in advance in writing or electronically.
Article 7 - Force majeure
If the execution of the work becomes temporarily impossible for one of the parties, the other party will be relieved of its obligations for that period. 2. If the execution of the work becomes permanently impossible for one of the parties due to a cause for which he cannot be held accountable, the other party will be entitled to terminate the execution of the work (or have it terminated) against payment to the other party of the costs reasonably incurred.
Article 8 - Payment in instalments
1. The parties may agree that payment will be made in instalments in proportion to the progress of the work. In that case, payment shall take place no later than two weeks after receipt of the invoice.
Article 9 - The final account
Within a reasonable period after completion, the proprietor submits the final bill to the consumer. 2. The final account gives a clear description of the work, broken down according to the original order, and of any additional and/or less work that has been commissioned. 3. The final account will give a specification of the materials used and their cost, the hours worked and the hourly rates, and other costs. If applicable, a specification of additional and/or less work will also be included. 4. The specification referred to in the previous paragraph does not take place insofar as the work is carried out for a contract price, with the exception of commissioned additional and/or less work. 5. If the proprietor specifies a recommended price for a cost-plus pricing method, this recommended price may not be exceeded by more than 10%, with the exception of additional work with due observance of the provisions of Article 7. 6. Payment of the final invoice shall be made within two weeks of receipt of the invoice.
Article 10 - Late payment
The consumer should pay the amount due before the payment date has passed. If the consumer fails to do so, the entrepreneur will send a payment reminder after that date and give the consumer the opportunity to pay the outstanding amount within fourteen days of receiving this payment reminder. 2. If payment is still not made after the payment reminder has expired, the entrepreneur is entitled to charge interest from the moment of default. This interest is equal to the statutory interest. 3. Extrajudicial costs incurred by the entrepreneur to enforce payment of a debt can be charged to the consumer. The height of these extrajudicial collection costs is subject to legal limits. This may be deviated from in favour of the consumer. 4. If the consumer defaults on payment of an instalment as referred to in Article 10, the proprietor has the right to stop the work, provided he has demanded payment from the consumer in writing or electronically. The previous sentence does not affect the proprietor's right to compensation for costs, damage and interest. 5. The proprietor retains ownership of materials that have not yet been processed until the consumer has fulfilled his payment obligation. 6. If the proprietor fails to pay a payment or compensation owed to the consumer on time, he is in default. If the proprietor does not pay within 10 days after receiving a reminder from the consumer, the consumer has the right to act in accordance with paragraphs 2 and 3 of this article.
Article 11 - Breach of contract
1.If one of the parties fails to fulfil an obligation under the contract, the other party may suspend the fulfilment of the corresponding obligation. In case of partial or inadequate performance, suspension is only allowed to the extent justified by the failure. 2.If one of the parties fails to comply with the agreement, the other party shall be entitled to dissolve the agreement, unless the failure does not justify dissolution in view of its minor importance.
Article 12 - Ownership of drawings, designs, etc.
The designs, images, descriptions, drawings, models, budgets and calculations etc. supplied by or on behalf of the proprietor, the ownership of which the proprietor wishes to retain, remain his property. All rights established with regard to designs, images, descriptions, drawings, models and the like (copyrights, model rights and the like) are reserved and must be respected.
Article 13 - Warranty
Guarantee provisions Plastering and finishing companies The entrepreneur guarantees that any defects in the work after delivery will be remedied free of charge during the periods mentioned below, unless he proves that the defect is not related to the work. The proprietor and consumer can deviate from the guarantee arrangements mentioned below to the detriment of the consumer. The proprietor can only invoke this deviation if: - the proprietor has agreed this with the consumer prior to concluding the contract and; - this agreement has been recorded in writing or electronically. The burden of proof for the existence of this agreement lies with the entrepreneur. The above is without prejudice to the fact that the proprietor can remain liable for any defects in the work on the basis of the law even after the aforementioned periods. This liability may extend beyond the guarantee periods mentioned below or mutually agreed upon. Guarantee Plasterwork Outside 1.The proprietor guarantees that the plasterwork that has been applied: a) will remain sufficiently attached to the substrate; b) will not crack in the plaster layer, unless this is caused by the working of the substrate, and only insofar as this working could not reasonably have been foreseen by the proprietor. 2.The guarantee is given for a duration of three years. The proprietor guarantees that the plasterwork applied: a) will remain sufficiently attached to the substrate; b) will not crack in the plaster, unless this is caused by the working of the substrate, and only insofar as this working could not reasonably have been foreseen by the proprietor. 2.The guarantee is given for a duration of five years.
Article 14 - Settlement of disputes
1. Disputes will be settled by the ordinary court that has jurisdiction by virtue of Supplier's place of business or under the law, or, at Supplier's option, by the Court of Arbitration for the Building Industry in accordance with its articles of association as they read two months prior to the realisation of the order, without prejudice to the competence of the Interim Injunction Judge of the District Court, ruling in interim injunction proceedings. 2. All agreements with Supplier are governed exclusively by Dutch law.