TERMS AND CONDITIONS Slotenmaker Holland
- Slotenmaker Holland: Slotenmaker Holland VOF, established in Sterrebaan 9
3542 DJ Utrecht
- Customer: the person with whom Slotenmaker Holland an agreement has been entered into.
- Parties: Slotenmaker Holland and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Slotenmaker Holland.
- Parties can only deviate from these conditions if they have expressly agreed in writing.
- Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.
Offers and quotes
- Offers and quotes from Slotenmaker Holland are without obligation, unless expressly stated otherwise.
- An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
- Offers and quotations do not apply to repeat orders, unless the parties have agreed this explicitly and in writing.
- If you accept a free quote or offer, you retain Slotenmaker Holland reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the customer being able to derive any rights from this.
- Verbal acceptance of the customer commits Slotenmaker Holland only after the customer has confirmed this in writing (or electronically).
- All prices that Slotenmaker Holland are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices on that Slotenmaker Holland for its products or services, on its website or that are otherwise communicated, may Slotenmaker Holland change at any time.
- Increases in the cost prices of products or parts thereof, which Slotenmaker Holland could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
- The price related to a service is set by Slotenmaker Holland determined on the basis of the hours actually spent.
- The price is calculated according to the usual hourly rates of Slotenmaker Holland, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
- If parties for a service by Slotenmaker Holland a total amount has been agreed, this is always a target price, unless the parties have explicitly agreed in writing a fixed price, which cannot be deviated from.
- Slotenmaker Holland is entitled to deviate up to 10% of the target price.
- If the target price is more than 10% higher, then Slotenmaker Holland to inform the customer in time why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- Slotenmaker Holland has the right to adjust prices annually.
- Prior to its entrance will Slotenmaker Holland communicate price adjustments to the customer.
- The consumer has the right to contract with Slotenmaker Holland to cancel if he does not agree with the price increase.
Payments and payment term
- The customer must submit invoices within 1 days of the invoice date Slotenmaker Holland payment, unless parties have made other agreements about this or if a different payment term is stated on the invoice.
- Payment terms are regarded as deadlines for payment. This means that if the customer has not paid the agreed amount no later than the last day of the payment term, he is legally in default and in default, without Slotenmaker Holland the customer has to send a reminder or give notice of default.
- Slotenmaker Holland reserves the right to make a delivery dependent on immediate payment or to demand a security for the total amount of the services or products.
Consequences of not paying on time
- If the customer does not pay within the agreed term, then Slotenmaker Holland entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he will also owe extrajudicial collection costs and any compensation Slotenmaker Holland.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, it is allowed Slotenmaker Holland suspend his obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Slotenmaker Holland immediately due and payable on the customer.
- The customer refuses to cooperate with the execution of the agreement Slotenmaker Holland, then he is still obliged to pay the agreed price Slotenmaker Holland to pay.
Right to claim
- Once the customer is in default, Slotenmaker Holland entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- Slotenmaker Holland invokes the right to complain by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Slotenmaker Hollandunless the parties make other agreements about this.
- The costs for returning or returning the products will be borne by the customer.
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.
Right of retention
- Slotenmaker Holland can invoke his right of retention and in that case retain the products of the customer, until the customer has all outstanding accounts with regard to Slotenmaker Holland unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments Slotenmaker Holland.
- Slotenmaker Holland is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to incur a debt Slotenmaker Holland to settle against a receivable on Slotenmaker Holland.
- Slotenmaker Holland remains the owner of all delivered products until the customer has fully complied with all his payment obligations in respect of Slotenmaker Holland under what for with Slotenmaker Holland concluded agreement, including claims for failure to perform.
- Until then Slotenmaker Holland invoke his retention of title and take things back.
- Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- India Slotenmaker Holland invokes his retention of title, the agreement is considered dissolved and has Slotenmaker Holland the right to claim damages, lost profit and interest.
- The customer undertakes to adequately insure and keep the following insured against fire, explosion and water damage as well as theft:
- delivered goods that are necessary for the execution of the underlying agreement
- matters of Slotenmaker Holland that are present at the customer
- items delivered under retention of title
- The customer gives at the first request of Slotenmaker Holland the insurance policy available for inspection.
- Unless the parties have explicitly agreed, the customer is obliged to take out CAR insurance at his own expense and the customer cannot claim compensation for any damage that would otherwise be covered by this insurance.
- If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.
Assembly / Installation
Although Slotenmaker Holland makes every effort to carry out all assembly and / or installation work as well as possible, he does not bear any responsibility for this except in the case of intent or gross negligence.
- When parties have entered into an agreement with a service nature, this includes for Slotenmaker Holland only best efforts obligations, no result obligations.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, at least in the control of the customer or from a third party who receives the product for the benefit of the customer.
Execution of the agreement
- Slotenmaker Holland performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Slotenmaker Holland has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the responsibility of the customer to do that Slotenmaker Holland can start the implementation of the agreement in time.
- If the customer has not ensured that Slotenmaker Holland can start the implementation of the agreement in time, the resulting additional costs and / or extra hours will be charged to the customer.
Provision of information by the customer
- The customer makes all information, data and documents that are relevant to the correct execution of the agreement available in a timely manner and in the desired form and in the desired manner. Slotenmaker Holland.
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they come from third parties, unless the nature of the agreement dictates otherwise.
- If and insofar as the customer requests this, return Slotenmaker Holland the relevant documents.
- Does not inform the customer, or in time or properly Slotenmaker Holland reasonably required information, data or documents are available and if the execution of the agreement is delayed as a result, the resulting extra costs and extra hours will be charged to the customer.
Duration of the agreement
- If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer cancels the agreement with observing a notice period of 1 month, the agreement will end by operation of law.
- If parties have agreed a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this period is exceeded, the customer must Slotenmaker Holland written notice of default.
The customer indemnifies Slotenmaker Holland against all claims by third parties related to the Slotenmaker Holland delivered products and / or services.
- The customer submits a Slotenmaker Holland examine the product or service provided as soon as possible for any shortcomings.
- If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must Slotenmaker Holland to inform them as soon as possible, but in any case within 1 month after the shortcomings have been discovered.
- Serving consumers Slotenmaker Holland to notify this within 2 months of the discovery of the shortcomings.
- The customer gives as detailed a description of the shortcoming as possible, so that Slotenmaker Holland is able to respond adequately to this.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this may in any case not be possible leiden that Slotenmaker Holland can be held to perform other activities than agreed.
Notice of default
- The customer must notify notice of default in writing to Slotenmaker Holland.
- It is the responsibility of the customer to give notice of default Slotenmaker Holland actually reached (on time).
Joint and several liability of the customer
As the Slotenmaker Holland enters into an agreement with several customers, each of them is jointly and severally liable for the full sums they pay under that agreement Slotenmaker Holland to owe.
Liability Slotenmaker Holland
- Slotenmaker Holland is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
- India Slotenmaker Holland is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
- Slotenmaker Holland is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- India Slotenmaker Holland is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. has.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.
Any right of the customer to compensation of Slotenmaker Holland in any case expires 12 months after the event from which liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
- The customer has the right to terminate the agreement when Slotenmaker Holland culpably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
- Is the fulfillment of the obligations by Slotenmaker Holland if not permanently or temporarily impossible, dissolution can only take place after Slotenmaker Holland is in default.
- Slotenmaker Holland has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if Slotenmaker Holland has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Slotenmaker Holland in the fulfillment of any obligation to the customer Slotenmaker Holland can be attributed in any of the will of Slotenmaker Holland independent situation, as a result of which the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Slotenmaker Holland may be required.
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- In the event of a force majeure situation that causes Slotenmaker Holland Cannot fulfill one or more obligations to the customer, those obligations will be suspended until Slotenmaker Holland can meet it again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- Slotenmaker Holland no (damage) compensation is due in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
Change of general terms and conditions
- Slotenmaker Holland is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes will Slotenmaker Holland discuss with the customer as much as possible in advance.
- Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
- Customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Slotenmaker Holland.
- This provision applies as a clause with property law effect as referred to in Section 3:83 (XNUMX) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or voidable is replaced by a provision that is closest to what Slotenmaker Holland when drawing up the conditions on that point.
Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- The Dutch judge in the district where Slotenmaker Holland is established / practices / office holds is exclusively authorized to take cognizance of any disputes between parties, unless the law prescribes otherwise.
Prepared on April 02, 2020 by Lwzjuristen.nl
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