Terms and Conditions
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Article 1. Validity of these conditions
These conditions apply to all quotations and all agreements entered into by:
company name: Oakenzo
location in The Hague
Chamber of Commerce number 88738043
hereinafter referred to as the contractor.
Conditions are understood to mean these general terms and conditions of the contractor.
An agreement means the agreement between the client and the contractor. An order also includes the acceptance of a work.
By accepting the contractor's quotation, the client accepts the contractor's conditions.
Deviations from these conditions are only valid if agreed in writing.
The contractor will not rely on these conditions in contracts with consumers if these conditions infringe or adversely affect the legal rights of the consumer.
Article 2. Quotation
Quotations only apply for the period stated therein. If no term is stated, a term of fourteen days applies.
Article 3. General terms and conditions of contract parties and/or third parties
The contractor only accepts the applicability of the client's general terms and conditions if these are expressly agreed in writing.
However, any applicability of the client's general terms and conditions does not affect the applicability of the contractor's terms and conditions.
The client's general terms and conditions only apply to the intended assignment.
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Article 4. Obligations of the contractor
The contractor undertakes to carry out the assigned work in accordance with the provisions of the law and the agreement.
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Article 5. Obligations of the client
1. The client ensures that the contractor has access to:
a. the information and approvals required for the design of the work (such as permits, exemptions and decisions, etc.), all on the instructions of the contractor;
b. the site and/or space where the work is to be carried out;
c. sufficient opportunity for the supply, storage and/or removal of building materials, materials and tools.
d. Electricity and water.
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2. The Client is not entitled to compensation for the items referred to in paragraph 1 unless otherwise agreed upon when entering into the agreement.
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3. If the client is responsible for the delivery of certain materials and/or the execution of certain parts of the work, he is liable if this is not done or not done on time.
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Article 6. Additional unforeseen costs
The contractor is entitled to pass on to the client additional unforeseen costs that arise due to a cause not attributable to the contractor.
Unforeseen costs exist if the costs arose more than three months after entering into the agreement and which could not reasonably have been foreseen at the time the agreement was entered into.
The contractor is obliged to inform the client immediately of the unforeseen costs.
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Article 7. Prices
The prices stated by the contractor in quotations include VAT and are based on the cost-determining factors at that time.
Interim changes in material prices that occur more than three months after entering into the agreement can be passed on by the contractor to the client.
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Article 8. Additional and reduced work
The work only includes the work specified in the quotation. The costs of additional work are entirely borne by the client.
Additional work is charged on the basis of hours worked and materials used.
The applicability of the provisions of Article 7A:1646 of the Dutch Civil Code is expressly excluded.
Article 9. Suspension and revocation
If the client temporarily suspends or completely withdraws the performance due to a cause not attributable to the contractor, the contractor is entitled to compensation for damage.
If the client withdraws the order, he is obliged to take over the materials and raw materials already purchased by the contractor, whether or not treated or processed at cost price, including wages and social security contributions.
In the event of withdrawal of the order, the Client will also owe the Contractor as compensation the amount of 1/3 of the agreed price.
A party that is obliged to perform the former is entitled to suspend the fulfillment of its performance if there is a well-founded fear that the other party will not fulfill its obligations or will not fulfill them on time.
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Article 10. Complaint period and warranty
The contractor is obliged to deliver good and reliable work that meets the legal requirements and the agreement.
The Client is obliged to thoroughly inspect the work for defects immediately after delivery. This inspection must take place within eight days of delivery.
Defects that could be noticed during a thorough investigation must be reported in writing and specified to the contractor within eight days of delivery.
Defects that were not observable upon thorough inspection must be reported to the contractor in writing by the client within 8 days of noticing these defects.
The contractor must be enabled to check defects.
The contractor is not responsible for defects that are the result of failure to provide the contractor with information that the client is obliged to provide, not to provide it on time or in full.
The Client is liable for damage caused by building materials, materials or aids made available or prescribed by or on behalf of him.
If the client wishes certain materials or parts to be supplied by named manufacturers or suppliers, the contractor will not be obliged to do so
more extensive responsibility or longer warranty period than the manufacturer or supplier of these parts or materials is willing to accept towards the contractor.
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Article 11. Liability
The contractor is not obliged to compensate a client, who is not a consumer, for business and/or consequential damage for a higher amount than the amount for which his professional liability insurance provides cover in the relevant case.
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Article 12. Payment
Payment must be made within 10 days after sending the invoice.
If payment of the invoice has not been received within the specified period, the contractor is entitled to charge the client the statutory interest, calculated from the day the invoice is sent.
After proper notice of default, the contractor is entitled to claim all costs, other than the principal sum and interest, both judicial and extrajudicial, caused by the non-payment, including the costs of a lawyer, attorney, agent, bailiff and collection agency.
The extrajudicial costs amount to 15% of the principal sum plus interest, with a minimum of e 115.
The claim for payment is immediately due and payable when the client is in default or one of the parties has terminated the agreement.
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Article 13. Dissolution
If one of the parties remains in default after this party has been given notice of default by the other party, the latter is entitled to terminate the agreement. The right to dissolve exists in any case if the other party:
became bankrupt
applies for a suspension of payments or debt restructuring
his placement under guardianship is requested if any seizure is made of the client's property and/or claims
in the event of death or liquidation or dissolution of the client's company.
Article 14. Retention of title
The contractor reserves ownership of the delivered goods until the client has fully fulfilled his (payment) obligation.
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Article 15. Price review clause
Between the moment the agreement is signed by the customer and the moment a specific installment or invoice must be paid, the price from the original quotation can be revised according to the evolution of wages and material prices.