Article 1. Validity of these terms
1. these terms and conditions apply to all offers and to all agreements entered into by:
company name: Rob Total Montage
address: Landweerstraatnoord 16
postal code: 5348 EC
Commercial register no: 51625644
hereinafter referred to as the contractor.
2. Under conditions shall mean these terms and conditions of the supplier.
3. Under agreement means the agreement between the client and the supplier. Under command shall also mean the adoption of a work.
4. by accepting the offer of the supplier client accepts the conditions of the supplier.
5. deviations from these conditions are only valid if they have been agreed in writing.
6.the supplier shall not rely on these terms in contracts with consumers if these conditions create an infringement or prejudice the statutory rights of the consumer.
Article 2. Quote
Quotes are only valid for the term is mentioned. Is no term mentioned a period of fourteen days.
Article 3. General conditions of contract parties and/or third parties
1. the supplier only accepts the applicability of general terms and conditions of the client if this be agreed expressly and
2. Applicability of the general terms and conditions of the client, however, the applicability of the terms and conditions of the
supplier shall remain unaffected.
3.terms and conditions of the client only apply to the appropriate command.
Article 4. Obligations of the contractor
The Contractor undertakes the work assigned to the provisions of the law and the agreement.
Article 5. Obligations of the principal
1.De client ensures that the supplier on time can have:
a. for the design of the work necessary data and approvals (such as permits, exemptions and orders etc.) on the designation of the supplier;
b. site and/or the space where the work is to be performed;
c. adequate opportunity for supply, storage and/or disposal of building materials, materials and tools.
d. electricity and water.
2. the client is not entitled to a fee of the business referred to in paragraph 1 unless otherwise agreed when entering into the agreement.
3.If the client himself takes care for the delivery of certain materials and/or the implementation of certain parts of the work, he is liable when it is not or not timely.
Article 6. Extra unforeseen costs
1. the supplier is entitled extra unforeseen costs, which arise through a not attributable to the contractor cause to pass on to the client.
2. unforeseen costs is the case where the rate is born more than three months after entering into the agreement and which were not reasonably in entering into the agreement.
3.the supplier is obliged to notify client immediately of the contingency fee.
Article 7. Prices
by the contractor in tenders
1.De prices are exclusive of VAT and are based on the currently cost-determining factors.
2. Interim changes in the material prices caused more than three months after entering into the agreement can be passed on by the supplier to the client.
Article 8. More-and less work
1. the work includes only the specified quote work. The cost of additional work are entirely borne by the client.
2. Extra work is settled on the basis of hours worked and materials used.
3.the applicability of the provisions in article 7:755 BW is expressly excluded.
Article 9. Suspension and withdrawal
1. If the client temporarily suspends execution or withdraws entirely on the basis of a cause not attributable to the contractor,
contractor is entitled to compensation for his damage.
2. If the client withdraws the order, he is obliged to take over the materials and raw materials already purchased or processed
by the contractor, whether or not processed or processed at the cost price, including wages
and social security charges.
3. If the contract is canceled, the client will also owe the contractor compensation amounting to 1/3 of the agreed price.
4. A party that is obliged to perform the first shall be entitled to suspend the performance of its performance if there is a
justified fear that the other party will not fulfill its obligations, or will not comply in time.
Article 10. Claim period and guarantee
1. The contractor is obliged to deliver good and sound work that meets the legal requirements and the agreement.
2. The Client is obliged to thoroughly inspect it for defects immediately after the delivery or completion of the work.
This inspection must take place within eight
days after delivery.
3. Defects that could be noticed in a thorough investigation must be reported to the contractor in writing and specified
within eight days after
4. Faults that could not be detected during a thorough investigation must be reported to the contractor in writing within 8
days of the observation of these defects.
5. The contractor must be enabled to check defects.
6. The Contractor is not responsible for defects that are the result of not, not timely or not fully providing the Contractor
with information that the Client is obliged to provide.
7. The Client is liable for damage caused by building materials, materials or aids that have been made available or prescribed
by or on behalf of him.
8.If the client wishes certain materials or parts to be supplied by named manufacturers or suppliers, the contractor shall not
be held to any further responsibility or longer warranty period than the manufacturer or the supplier of these parts or
materials is willing to accept towards the contractor.
Article 11. Liability
The Contractor is not obliged to compensate the business and / or consequential loss of a client, not being a consumer, for a higher sum than the amount for which his professional liability insurance provides cover in the relevant case.
Article 12. Payment
1. Payment must be made within 14 days after sending the invoice.
2. The contractor is entitled if the payment of the invoice is not received within the set period, to the client to calculate the
statutory interest, counted from the day of sending the invoice.
3. After proper performance, the contractor is entitled to claim all costs, apart from principal and interest, both judicial and
extrajudicial, caused by the non-payment, including the costs of lawyer, attorney, agent, bailiff and collection agency.
4.The extrajudicial costs amount to 15% of the principal sum plus the interest, with a minimum of € 115.
5.The claim for payment is immediately due and payable when the client is in default, or one of the parties has terminated
Article 13. Dissolution
If one of the parties remains in default after this party has been declared in default by the other party, the latter is entitled to dissolve the agreement. The right to terminate exists in any case if the other party:
- is in a state of bankruptcy
- apply for a suspension of payment or debt rescheduling
- his sub-custodial appointment is requested when any attachment is placed on the items and / or claims of the client
- in case of death or liquidation or dissolution of the company of the client.
Article 14. Retention of title
The Contractor reserves the ownership of the delivered goods until the Client has fully complied with his (payment) obligation.