Article 1. Definitions
In these general terms and conditions, the following definitions shall apply:
sanderklust:
DTP74 trading under the name sanderklust
1056 TP Amsterdam
Amsterdam Chamber of Commerce: 34232255
client:
the counterparty of sanderklust
Article 2. Applicability of these terms and conditions
1. These terms and conditions apply to every offer and every agreement between sanderklust and a client to which sanderklust has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions expressly and in writing.
2. The present terms and conditions also apply to all agreements with sanderklust, the execution of which requires the involvement of third parties.
Article 3. Offers
1. Offers made by sanderklust are without obligation; they are valid for 30 days, unless indicated otherwise. sanderklust is only bound to offers if the acceptance thereof is confirmed by the other party in writing within 30 days.
2. In the offer, the amounts excluding VAT, the VAT due, as well as other government levies are shown separately. Any costs to be incurred in the context of the agreement, such as shipping and administration costs, shall also be stated separately in the quotation.
3. Offers made do not automatically apply to future orders.
Article 4. Call-out charges
6. The client indemnifies sanderklust against damage caused by – inaccuracies in the assigned work or provided data; – inaccuracies in the constructions and working methods required by the client; – recognisable defects of the (moveable or immoveable) property on which the work is performed; – defects in or unsuitability of materials or tools provided by the client.
7. Sanderklust may, if necessary, engage third parties for the performance of the work.
Article 6. Contract duration; implementation period
1. If a term has been agreed within the term of the agreement for the completion of certain work, this will never be a deadline.If the term of execution is exceeded, sanderklust must inform the client accordingly.
2. If the client does not agree with this, it must inform sanderklust within 5 working days by confirming this in writing.
Article 7. Amendment of the agreement
1. If, during the execution of the agreement, it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be done, the parties will amend the agreement in good time and in mutual consultation.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected as a result. sanderklust will inform the client of this as soon as possible.
3. If the amendment or supplement to the agreement has financial and/or qualitative consequences, sanderklust will inform the client thereof in advance.
4. If a fixed fee has been agreed, sanderklust shall also indicate to what extent the amendment or supplement to the agreement will result in an increase of this fee.
Article 8. Complications
1. If complications arise, sanderklust shall notify the client as soon as possible.
2. If the complication results in the work not being able to proceed and/or not being able to proceed safely, sanderklust will interrupt the work.
3. If the complication requires immediate action, sanderklust will intervene, also in case the client cannot be reached.
4. Any additional costs, which sanderklust must incur in connection with a complication, which in the opinion of sanderklust requires immediate action and which are reasonable to limit the damage, will be reimbursed by the client.
5. If the complication does not require immediate action, the client may order more or less work.
Article 9. Dissolution of the agreement
1. Sanderklust’s claims on the client are immediately due and payable in the following cases: -after the agreement has been concluded, circumstances come to sanderklust’s knowledge which give sanderklust good reason to fear that the client will not fulfil its obligations; -if sanderklust has asked the client, when concluding the agreement, to provide security for fulfilment and such security is not provided or is insufficient.
-In the aforesaid cases, sanderklust shall be entitled to suspend further implementation of the agreement or to dissolve the agreement, without prejudice to sanderklust’s right to claim damages.
Article 10. Payment
1. Payment must be made within 14 days of the invoice date.
2. For assignments lasting longer than a week, an invoice will be sent to the client on a weekly basis, stating the hours spent and the materials purchased in that week. This invoice will be paid by the client no later than 5 working days after the invoice date.
3. Sanderklust applies an advance payment of the estimated material costs unless otherwise agreed in the assignment agreement.
4. If client does not fulfil its payment obligation, sanderklust has the right to suspend the work
Article 11. Retention of title
1. All goods delivered and to be delivered by sanderklust remain its property until client has fulfilled all its obligations vis-à-vis sanderklust with regard to the relevant, previous and subsequent similar deliveries with regard to additional work performed or to be performed by sanderklust, as well as with regard to sanderklust’s claims vis-à-vis other party for non-compliance by other party with its obligations vis-à-vis sanderklust.
2. Unprocessed materials of sanderklust remain property of sanderklust.
Article 12. Liability
1. sanderklust is liable for delivery of the goods to the work location; once at the work location, the goods are the responsibility and liability of the client.
2. sanderklust is not liable for damage, of whatever nature, caused by the fact that sanderklust relied on incorrect and/or incomplete data provided by or on behalf of the client.
3. sanderklust shall only be liable for direct damage.
4. Direct damage is exclusively understood to mean the reasonable costs incurred to determine the cause and scope of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions; any reasonable costs incurred to have the faulty performance of sanderklust meet the agreement, insofar as such costs can be attributed to sanderklust; and reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that such costs have led to a limitation of direct damage as referred to in these general terms and conditions. Sanderklust is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.
Article 13. Suspension of payment
1. If the work delivered does not comply with the agreement, the client shall be entitled to suspend payment, on the understanding that the amount to be suspended must be in reasonable proportion to the defect found.
2. If the amount suspended is not in reasonable proportion to the observed defect, sanderklust shall be entitled to charge statutory interest on the excess amount suspended.
Article 14. Force majeure
1. In addition to its definition in law and case law, force majeure in these general terms and conditions includes all external causes, foreseen or unforeseen, over which sanderklust cannot exercise any influence, but which prevent sanderklust from fulfilling its obligations.
2. sanderklust has the right to invoke force majeure if the circumstance preventing (further) fulfilment occurs after sanderklust should have fulfilled its commitment.
3. During force majeure, the obligations of sanderklust are suspended. If the period in which fulfilment of the obligations by sanderklust is not possible due to force majeure lasts longer than 2 months, both parties are authorised to dissolve the agreement without any obligation to pay damages.
4. If sanderklust has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to separately invoice the part already performed or part that can be performed, and the client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already performed and/or executable part has no independent value.
Article 15. Guarantee
1. Complaints about work performed must be reported in writing by the client to sanderklust within 5 working days after discovery or delivery of the work in question.
Sanderklust guarantees that any defects discovered after delivery will be remedied free of charge for a period of 6 months after delivery, unless it proves that the defects are not the result of any action or omission on the part of sanderklust.
3. The guarantee as referred to in paragraph 2 only applies to defects which could not have been detected by the client earlier than the moment of discovery and which are communicated to sanderklust in writing as soon as possible thereafter.
4. The guarantee is only effective in case of an order agreement signed by both parties, normal use and maintenance of the material, and full payment of all amounts due.
Article 16. Disputes
1. All disputes shall be governed exclusively by Dutch law.