These terms and conditions apply to every offer, quotation and agreement between Bouwbedrijf Wlodarz, hereinafter referred to as: “Bouwbedrijf”, and the Client to which Bouwbedrijf has declared these terms and conditions applicable, insofar as the parties have not expressly and in writing deviated from these terms and conditions.
Client: every natural or legal person with whom Bouwbedrijf concludes an agreement to accept work. Also every person with whom Bouwbedrijf negotiates the conclusion thereof, and besides this his representative(s), authorised representative(s) and legal successor(s).
Agreement: every agreement to accept work between Bouwbedrijf and the Client that is concluded, every amendment or addition thereto, as well as all (legal) acts in preparation and execution of that agreement.
Activities: all activities that are the subject of the agreement, including the acceptance and execution of construction work.
Products: all items that are part of an agreement, whether or not delivered as part of the agreement to accept work. This includes, but is not limited to, building materials and related products.
These general terms and conditions apply to all agreements concluded between Construction Company and Client. The present terms and conditions also apply to all agreements of Construction Company, for the execution of which third parties must be involved.
Additions or deviations from these terms and conditions only apply if they have been confirmed in writing by Construction Company to Client.
If one or more of the provisions in these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable. Construction Company and Client will then enter into consultation to agree on new provisions to replace the null and void or annulling provisions, whereby the purpose and scope of the original provision will be taken into account as much as possible.
The applicability of any purchasing or other conditions of the Client is expressly rejected unless Construction Company has expressly declared in writing that it accepts these or parts thereof. If Bouwbedrijf does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Bouwbedrijf would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases.
A quotation does not bind Bouwbedrijf and is only valid as an invitation to place an order.
All offers and quotations from Bouwbedrijf are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime. Offers and quotations from Bouwbedrijf expire upon revocation by Bouwbedrijf. Bouwbedrijf and the client are bound by the quotation if the acceptance thereof is confirmed by the Client. After acceptance of the quotation, verbally, digitally or in writing, the agreement is created.
The quotation approved by the client includes, among other things:
description and location of work;
if applicable, the price of the work described in the quotation and the terms in which the contract sum will be paid;
if applicable, the agreed hourly rate per person, which is charged to the client to complete the work described in the quotation.
any settlement of quantities;
A quotation accepted verbally, digitally or in writing is binding. In the event of cancellation by the Client before commencement of the work, Bouwbedriif is legally entitled to charge compensation between 10 and 30% of the amount of the quotation, depending on the expected loss that Bouwbedrijf may suffer.
Bouwbedrijf cannot be held to its offers and quotations if the Client, in terms of reasonableness and fairness and generally accepted views in society, should have understood that the offer or quotation or a part thereof contained an obvious mistake or error.
If the acceptance (on minor points) deviates from the offer included in the quotation, Bouwbedrijf is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Bouwbedrijf indicates otherwise. Offers or quotations do not automatically apply to future orders.
If the offer is not accepted, Bouwbedrijf is entitled to costs involved in creating the quotation to the person at whose request the quotation was requested, to be charged.
If the Construction Company has made a quotation for the execution of work on a time and materials basis, the agreed hourly rate times the number of hours worked will be invoiced weekly; the invoice amount will be increased by any materials supplied or used.
The hours and material lists kept by the Construction Company will serve as the basis for the invoicing; these are binding and will be added to the invoices.
The Client has the choice to have the work carried out on the basis of an hourly rate or on the basis of the total contract sum. If the Client chooses to have the work carried out on the basis of an hourly rate, the Client can no longer claim or derive rights from the, if applicable, offered contract sum, if it subsequently appears that the costs of the renovation are higher. The Construction Company can no longer claim or derive rights from the, if applicable, offered contract sum, if it subsequently appears that the costs of the renovation are lower.
The agreement is concluded by the timely verbal or written acceptance by the Client of an offer made by Bouwbedrijf, or if Bouwbedrijf executes an assignment or order.
Bouwbedrijf will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
The Client shall ensure that all data that Bouwbedrijf indicates are necessary or that the Client should reasonably understand are necessary for the execution of the agreement, are provided to Bouwbedrijf in a timely manner.
Bouwbedrijf has the right to suspend the execution of the agreement until the moment that the Client has fulfilled the obligation referred to in the previous paragraph.
Bouwbedrijf is not liable for damage, of whatever nature, because Bouwbedrijf has assumed incorrect and/or incomplete data provided by the Client.
If and to the extent that proper execution of the agreement requires this, Bouwbedrijf has the right to have certain work carried out by subcontractors or by third parties after consultation with the Client. The work that will be carried out by third parties after consultation and with the permission of the Client, will be considered an agreement between the Client and the aforementioned third party, of which Bouwbedrijf is not a party. The same applies to the warranty conditions.
The Client indemnifies Bouwbedrijf against any claims from third parties who suffer damage in connection with the execution of the agreement and which is attributable to the Client.
If there is a delivery of products, Bouwbedrijf will exercise the greatest possible care in the execution of the order.
If an order is delayed either because it is temporarily unavailable or for other reasons, or if an order cannot be executed or can only be executed in part, the Client will receive notification of this no later than one week after the order has been placed with Bouwbedrijf. In that case, the Client has the right to cancel this order without charge. In that case, the Client does offer Bouwbedrijf the opportunity to come up with a suitable alternative for the order.
If during the execution of the agreement it appears that it is necessary to amend or supplement the work to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Construction Company will inform the Client of this as soon as possible.
If the amendments or supplements to the agreement will have financial and/or qualitative consequences, Construction Company will inform the Client of this in advance.
If a fixed price has been agreed, Construction Company will indicate to the Client to what extent the amendment or supplement to the agreement will result in an excess of this price.
Execution of an assignment will take place within the usual, scheduled time. If an assignment has to be expedited at the request of the Client, overtime and/or other additional costs incurred will be charged. 6. OBLIGATIONS OF THE CLIENT
The client ensures that the Construction Company has timely access to the data and approvals required for the assignment, such as exemptions and permits.
The client ensures that the Construction Company has access to the plates of the acceptance of work, sufficient space for storage, supply and removal of building materials and resources.
The client shall also ensure that the construction company can have timely access to connection options for electrical equipment, lighting, compressed air, water and all other connection options common to the work described in the quotation.
The client shall make available free of charge for the execution of the assignment, such as electricity, gas and water, as well as other resources present.
If the client has materials or tools from the construction company required for the execution of the assignment, the client shall be responsible for these materials and tools. In the event of loss or damage, the construction company shall have the right to charge the client for this.
The client shall ensure that work and/or deliveries to be carried out by others, which do not form part of the work of the construction company, are carried out in such a way and in such a timely manner that the execution of the work is not delayed. If this is the case, the construction company may charge for this. If the execution of the work becomes impossible because the item on or to which the work must be executed is destroyed or lost without this being attributable to Bouwbedrijf, Bouwbedrijf is entitled to a proportionate part of the agreed price based on the work performed and costs incurred. If the item is destroyed as a result of intent or deliberate recklessness on the part of the Client, Bouwbedrijf is entitled to the agreed contract sum, increased by the costs that it had to incur as a result of the non-completion and reduced by the costs saved by termination.
Unless otherwise agreed, the client will ensure the delivery and payment of the necessary materials. If Bouwbedrijf and/or staff members have to be called in to purchase building materials, the time that this takes will be invoiced on the basis of the agreed hourly rate, rounded off to whole hours.
All prices are expressed in euros and exclude sales tax, unless otherwise agreed.
At the request of the Client, Construction Company will carry out all changes to the order indicated by the Client, provided that these are reasonably feasible and with the right to offset the additional work. The additional work will be carried out after the Client has given a signed order to Construction Company, 50% of the invoice amount for the additional work has been paid in advance. The remaining 50% of the invoice amount for the additional work must be paid upon delivery of the additional work.
If the Client suspends the execution of the work in whole or in part, provisions that Construction Company must make as a result of the suspension will be offset as additional work.
If the order cannot be executed due to circumstances unknown to Construction Company or due to force majeure, Construction Company has the right to demand that the order be changed in such a way that execution is still possible. In that case, any additional or reduced costs will also be offset.
The Client is at all times entitled to terminate the agreement, whether already commenced or not yet, in whole or in part. In that case, Construction Company is entitled to the contract sum, increased by the costs that it had to make as a result of the non-completion and reduced by the (material) costs saved by the termination.
If between the date of conclusion of the agreement and delivery the cost price of ordered items/used materials increases, and/or changes are made by the government and/or trade unions to wages, employment conditions or social provisions, Construction Company is entitled to pass on these increases to the Client.
The prices for products are based on the circumstances applicable to Construction Company at the time of conclusion of the agreement, such as exchange rates, purchase prices, freight rates, import and export duties, excise duties, levies and taxes that are directly or indirectly levied on Construction Company or charged to Construction Company by third parties. If these circumstances change after conclusion of the agreement but before delivery, Construction Company is entitled to pass on the resulting costs to the Client.
Payment based on work accepted must be made on the basis of the payment terms and associated dates included in the agreement. The first payment term must already have been received at the start of the first work.
Payment based on hourly rate is made weekly in arrears, unless otherwise agreed and recorded. The weekly payment term must have been credited to the account number of Bouwbedrijf, uiat the latest on the first Tuesday after the completed work week.
Payment of the materials advanced by Construction Company will be made weekly in arrears, unless otherwise agreed and recorded. The sum of the advanced material invoices must be credited to Construction Company’s account number, at the latest on the first Tuesday after the completed work week.
If the agreed payment terms are longer than one week and/or Construction Company is deemed to advance material costs (in part), Construction Company may request a down payment. The amount of the down payment will be determined by Construction Company and must be credited to Construction Company’s account number at the start of the first work. This down payment will be settled upon completion of the work.
If the Client fails to pay within the set terms, the Client will be in default by operation of law. The Client will then owe interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest will apply. The interest on the amount due will be calculated from the moment that the Client is in default until the moment of payment of the full amount.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, the claims of Bouwbedrijf on the Client are immediately due and payable.
In the event of a jointly given order, Clients are jointly and severally liable for the payment of the invoice amount.
A complaint regarding certain work does not suspend the payment obligation of the Client for this and other work.
The Client must pay without discount or settlement with any disputed or undisputed claim on Bouwbedrijf.
If the Client is in default or in breach of one or more of its obligations, all reasonable costs for obtaining satisfaction out of court will be borne by the Client. If the Client fails to pay a sum of money on time, it will forfeit an immediately due and payable fine of 15% on the amount still owed. This with a minimum of € 100.00.
If Bouwbedrijf has incurred higher costs, which were reasonably necessary, these will also be eligible for compensation.
Any reasonable legal and execution costs incurred will also be borne by the Client.
The Client owes interest on the collection costs incurred.
Bouwbedrijf remains the full owner of the goods, notwithstanding the actual delivery, until the Client has paid everything that he owes or will owe Bouwbedrijf under the agreement.
In the event of attachment, suspension of payment or bankruptcy, the Client will immediately inform the bailiff levying the attachment, the administrator or the trustee of Bouwbedrijf’s ownership rights. The Client guarantees that an attachment on the products will be lifted immediately.
The work is considered to have been delivered if the work has been approved by the Client after inspection.
The work is also deemed to have been approved if and to the extent that it is put into use.
A maintenance period of 30 days applies to the work. During this maintenance period, Bouwbedrijf will repair any minor defects (which may not prevent approval).
If the Client does not accept the invitation to take delivery of the completed work, the work will be deemed to have been approved 8 days after this invitation.
After the work has been delivered, Bouwbedrijf will no longer be liable for any shortcomings in the work, except as provided by law.
If Bouwbedrijf exceeds the period within which the work must be delivered, Bouwbedrijf will not be legally liable for this, unless otherwise stated in the agreement.
Unless otherwise agreed, delivery of goods will take place at the delivery address agreed with the Client.
The risk of loss or damage to the products that are the subject of the agreement will pass to the Client at the time when they are legally and/or actually delivered to the Client and are thus placed in the power of the Client or of a third party to be designated by the Client.
The Client is obliged to accept the purchased items at the time they are made available to him or are handed over to him.
If the Client refuses to accept the items or is negligent in providing information or instructions necessary for the delivery, the items intended for delivery will be stored at the risk of the Client after Bouwbedrijf has informed him of this. set. In that case, the Client will owe all additional costs.
If the Construction Company and the Client agree on delivery, delivery of purchases will take place under the conditions communicated to the Client when concluding the agreement. The Construction Company reserves the right to invoice the costs for delivery separately upon delivery.
If the Construction Company requires data from the Client in the context of the execution of the agreement, the delivery period commences after the Client has made this available to the Construction Company.
The Client is obliged to (have) the delivered goods carefully examined at the time of (delivery), but in any case within the shortest possible period. In doing so, the Client must examine whether the quality and quantity of the delivered goods correspond with what was agreed, or at least meet the requirements that apply in normal (commercial) transactions. Any visible defects must be reported to Bouwbedrijf in writing as soon as possible after delivery, with the simultaneous presentation of the warranty certificate and the defective item, unless this is impossible or unreasonably onerous. Delivered items must be assessed by the Client for correctness within 8 days.
The Client must report a non-visible defect to Bouwbedrijf within eight days of discovery, but no later than within the warranty period, taking into account the provisions of the previous paragraph of this article. After the warranty period has expired, Bouwbedrijf is entitled to charge all costs for replacement, including administration, shipping and call-out costs.
After discovering the defect, the Client is obliged to immediately cease using the products and to do and refrain from doing everything reasonably possible to prevent (further) damage.
Bouwbedrijf is not liable for the defect in question if the Client fails to comply with the provisions of 13.1 to 13.4 above. If the Client complains about defects in a good in a timely, correct and justified manner, the resulting liability is limited to what is stipulated in articles 14 and 15 of these terms and conditions.
Bouwbedrijf guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.
Provided that the complaint has been made in a timely, correct and in accordance with the provisions of article 13, and it has been sufficiently demonstrated that the products do not meet what was agreed in this regard, Bouwbedrijf has the choice of either replacing the products that have proven to be defective free of charge, or having the products in question repaired, or making the parts required for repair available to the Client.
By fulfilling one of the services mentioned above under article 14.3, Bouwbedrijf has fully discharged its obligations in this regard and Bouwbedrijf is not obliged to pay any further (damage) compensation.
The factory warranty applies to the products supplied by Bouwbedrijf and this is also the warranty period for replaced parts.
The Client cannot assert any rights under this article if changes or repairs have been made to the products without prior written permission from Bouwbedrijf, parts not supplied by Bouwbedrijf have been installed, the products have been used for purposes other than those for which they are intended, or the products have otherwise been treated or maintained in an improper manner, or if the Client is in default towards Bouwbedrijf. Damage resulting from normal use or wear and tear is also excluded from the warranty.
14.7 The warranty is excluded for repair work, with the exception of repairs carried out by Bouwbedrijf on its own work.
With regard to the products supplied by Bouwbedrijf, the liability does not extend beyond what is stipulated in article 14. Without prejudice to the provisions of article 14 and the other paragraphs, the liability of Bouwbedrijf – for whatever reason – is limited to the amount of the net sales price of the delivered goods.
Construction company is not liable for any damage resulting from the execution of the agreement to accept work, unless the damage that has occurred is the result of intent, conscious recklessness, negligence, carelessness or incorrect actions by Construction company or its management. In all cases, any liability of Construction company is limited to the amount it receives from its insurance company. Should the insurance company, for whatever reason, not pay outthen Bouwbedrijf’s liability is at all times limited to a maximum amount of €5,000.00.
The Client indemnifies Bouwbedrijf against claims for compensation from third parties.
Bouwbedrijf is never liable for so-called consequential damage that the Client may suffer in connection with the agreement, consequential damage also includes business damage, environmental damage and immaterial damage.
Furthermore, Bouwbedrijf accepts no liability for (delay) damage as a result of the presence of contaminated soil or contaminated works (asbestos, chemicals) at the location where the assignment is carried out.
Bouwbedrijf accepts no liability for materials originating from the Client or its suppliers.
Without prejudice to the other provisions in these General Terms and Conditions, Bouwbedrijf reserves the rights and powers to which it is entitled under the Copyright Act. All documents provided by Bouwbedrijf, such as reports, advice, agreements, designs, sketches, drawings, etc., are exclusively intended for use by the Client and may not be reproduced, made public or brought to the attention of third parties by the Client without the prior consent of Bouwbedrijf, unless the nature of the documents provided dictates otherwise. Damage, in whatever form, resulting from this will never be borne by Bouwbedrijf.
Bouwbedrijf is authorised to suspend the fulfilment of the obligations or to terminate the agreement if:
Client does not or does not fully fulfil the obligations under the agreement.
Circumstances that have come to Bouwbedrijf’s attention after the conclusion of the agreement give good reason to fear that the Client will not fulfil the obligations. If there is good reason to fear that the Client will only partially or not properly fulfil the obligations, suspension is only permitted to the extent that the shortcoming justifies it. The Client was requested to provide security for the fulfilment of its obligations under the agreement when concluding the agreement and this security is not forthcoming or is insufficient.
Furthermore, Bouwbedrijf is authorised to dissolve the agreement (or have it dissolved) if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or can no longer be reasonably expected or if other circumstances arise which are of such a nature that the unchanged maintenance of the agreement cannot reasonably be expected.
If the agreement is dissolved, Bouwbedrijf’s claims on the Client are immediately due and payable. If Bouwbedrijf suspends fulfilment of the obligations, it retains its claims under the law and the agreement.
If Bouwbedrijf is unable to fulfil its obligations towards the Client due to a non-attributable shortcoming (force majeure), fulfilment of those obligations will be suspended for the duration of the force majeure situation. If the force majeure situation lasts longer than one month, both parties have the right to terminate the agreement in writing in whole or in part, to the extent that the force majeure situation justifies this and in accordance with what is further stipulated in these conditions.
In the event of force majeure, the Client is not entitled to any (damage) compensation, not even if Bouwbedrijf may have any benefit as a result of the force majeure.
Force majeure is understood to mean any circumstance beyond the control of Bouwbedrijf, which prevents the fulfilment of its obligations towards the Client in whole or in part or which makes it unreasonable to expect Bouwbedrijf to fulfil its obligations, regardless of whether that circumstance was foreseeable at the time the agreement was concluded. These circumstances also include: strikes and lockouts, (long-term) illness, blockade, riots, weather conditions, stagnation or other problems with the production by Bouwbedrijf or its suppliers and/or with its own or third-party transport and/or devaluation, increase in import duties and/or excise duties and/or taxes and/or measures by any government agency, as well as the absence of any permit to be obtained from the government.
Bouwbedrijf will inform the Client as soon as possible of a (threatened) force majeure situation.
Insofar as Bouwbedrijf has already partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the part that has been fulfilled or is yet to be fulfilled has an independent value, Bouwbedrijf is entitled to invoice the part that has already been fulfilled or is yet to be fulfilled separately. The Client is obliged to invoice thisto comply as if it were a separate agreement.
Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
If, on the basis of a statutory provision or a court ruling, Bouwbedrijf is obliged to provide confidential information to third parties designated by law or the competent court, and Bouwbedrijf cannot invoke a legal right of refusal or a right of refusal recognised or permitted by the competent court, Bouwbedrijf is not obliged to pay damages or compensation and the other party is not entitled to terminate the agreement on the basis of any damage caused as a result. 20 NON-TAKINGOVER OF PERSONNEL
During the term of the agreement and one year after its termination, the Client shall not, in any way, except after proper business consultation has taken place with Bouwbedrijf, employ employees of Bouwbedrijf or of companies that Bouwbedrijf has called upon for the execution of this agreement and who are (have been) involved in the execution of the agreement, or otherwise have them work for it, directly or indirectly.
Bouwbedrijf is permitted to transfer the rights arising from any agreement to third parties.
The court in the place of establishment of Bouwbedrijf has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Bouwbedrijf has the right to submit the dispute to the competent court according to the law.
The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement. 23. APPLICABLE LAW
Dutch law applies to every agreement between Bouwbedrijf and the Client.
In the event of interpretation of the content and scope of these General Terms and Conditions, the Dutch text thereof shall always be decisive.
In all cases not provided for in these General Terms and Conditions, an agreement shall be interpreted in light of these conditions and in all reasonableness and fairness.
We work on the basis of the following conditions:
If you accept our quotation, the quotation is free.
If you do not accept the quotation, we will charge €135 excluding VAT.
If you accept the quotation, this amount will be deducted from the total amount of your project.
Please feel free to contact us for more information or to discuss your project with us. We look forward to helping you realise your construction dreams.
en 
العربية
简体中文
Nederlands
Français
Deutsch
Italiano
Português
Русский
Español
اردو