Article 1 Validity of these conditions.
1-1 These terms and conditions apply to all "The Construction Frames and Blinds",
established in Alkmaar, hereinafter referred to as "De Konstruktie", concluded agreements. Furthermore, these are
conditions apply to all quotations and order confirmations issued by “De Konstruktie”,
to the extent that the parties have not explicitly agreed otherwise in writing.
1-2 These terms and conditions also apply to all agreements with
"The Constitution" for the implementation of which third parties must be involved.
1-3 In the event of a conflict between these general terms and conditions and those used by the client
general conditions, these general conditions prevail. The applicability of door
The general terms and conditions used by the client are expressly excluded.
1-4 If one or more provisions in these terms and conditions are invalid or voided
the remaining provisions of these general terms and conditions remain fully applicable
application. The parties will then consult in order to replace the new provisions
to agree void or voided provisions, with and where possible the goal
and the scope of the original provision is taken into account.
1-5 If on an agreement between client and "De Konstruktie" these terms and conditions
once declared applicable, the client agrees with the applicability of this
general terms and conditions for any later agreements, unless later in writing becomes different
agreed.
Article 2 General conditions of contract partners and / or third parties.
2-1 "De Konstruktie" only accepts the applicability of the general terms and conditions of
contract partners and / or third parties if these are explicitly agreed in writing.
2-2 Possible applicability of the aforementioned general terms and conditions
the applicability of the general terms and conditions of "De Konstruktie". The terms and conditions of
"The Constitution" prevail.
2-3 General conditions are only accepted by "De Konstruktie" under the above
conditions and only apply to the intended transaction. Later transactions
will not be automatically resolved through those terms and conditions.
Article 3 Contracted work.
3-1 All quotations regarding contracted work are made according to a simultaneous one
full description submitted, possibly with drawing (s). Minor (dimensional) deviations
no barrier to payment.
3-2 All work is carried out to the specified dimensions, drawing (s) and
provisions of the agreement, with due observance of the provisions of paragraph 1 of this article.
3-3 Unless explicitly agreed otherwise in writing, offers are valid up to 2 months after the date.
Article 4 Offers .
4-1 All other offers and / or quotations or quotations are without obligation, unless from the
offer is expressly different. All offers are valid up to 2 months after the date. If
an agreement has not been reached within 2 months after the date of the quotation
"De Konstruktie" entitled to withdraw the offer, or to cancel the offered prices and other conditions
modify.
4-2 Sending quotes, quotations and / or (other) documentation does not oblige “De Konstruktie”
to accept the assignment.
4-3 Additions and / or deviations from these terms and conditions serve every time
expressly agreed in writing and are exclusively valid for the
applicable agreement. Such additions and / or deviations do not apply to
other agreements.
Article 5 Agreements.
Agreements or agreements with subordinate members of the staff of "De Konstruktie" bind the
the latter not, insofar as they have not been confirmed in writing by "De Konstruktie". As subordinate staff
In this context, all employees and employees who do not have a proxy are to be considered.
Article 6 Agreement.
6-1 The agreement of purchase and sale of goods and execution of work
first becomes binding on the part of "De Konstruktie" by written confirmation of "De Konstruktie".
6-2 Every agreement entered into with "De Konstruktie" contains the resolutive condition that "De Konstruktie" of
sufficient creditworthiness of the client will prove to be the case, exclusively
review. Client will allow "De Konstruktie" to request information concerning him if necessary,
for which information "De Konstruktie" will turn to the AFI office in Leeuwarden.
6-3 Data concerning the offered items such as properties, dimensions, weights, etc.
as well as data in printed matter, drawings, images, etc. by "De Konstruktie" with the offer
are not binding on "De Konstruktie" and are given in good faith. On the client
rests the duty to ensure that printed matter, drawings, images, etc. are not
copied, nor given to third parties or that of the contents thereof to third parties
communication is made.
6-4 The risk of errors and / or inaccuracies with orders not confirmed in writing
is entirely for the account of the client.
Article 7 Intellectual Property Rights.
7-1 The intellectual property rights to all designs, images,
drawings, sketches and models are expressly reserved by "De Konstruktie". These businesses
remain the inalienable property of "De Konstruktie" and may without prior written approval
permission of “De Konstruktie” cannot be copied, made public, multiplied or copied
made available to third parties or to be used in any other way.
7-2 The designs, images, drawings, sketches and models referred to in the first paragraph
remain the inalienable property of "De Konstruktie" and must, at his first request, immediately
to be returned.
7-3 The counterparty is a fixator for every act performed in violation of this provision
a fine of € 5,000.00, without prejudice to the right of "De Konstruktie" to claim
full compensation.
Article 8 Obligations of "De Konstruktie".
8-1 "The Constitution" will perform the assigned work to the terms of the agreement and to the best
perform insight and ability in accordance with the requirements of good and decent work.
8-2 "De Konstruktie" accepts the assignment on the condition that the work required
permits, exemptions and allocations are granted on time.
8-3 If during the execution it appears that the work is only due to a cause not attributable to "De Konstruktie"
can be changed, "De Konstruktie" is obliged to make the necessary changes
to inform the client immediately in the implementation and to discuss this after consultation with the client
feed.
Article 9 Obligations of the client.
9-1 The client, including her employees included, provides all timely
documents and data, as indicated below but not limited to under a to
f, which are required for the correct execution of the assignment.
a. About the data required for the design of the work and approvals (such as
permits, exemptions and decisions, etc.), if necessary in consultation with "De Konstruktie".
b. About the terrain or the space where the work must be carried out.
c. With sufficient opportunity for the supply, storage and / or removal of building materials and materials
and tools.
d. About connection options for electrical machines, lighting, heating, gas, compressed air,
water and other energy required for the execution of the work.
e. About drawings of the location of cables, pipes and pipes in walls and so on.
f. About safety people when working along roads.
9-2 The client is responsible for the accuracy and completeness of all data.
9-3 The client is obliged, without claiming compensation, water, gas, electricity,
to provide storage space for materials, etc., if this is at or near the work
present.
9-4 If the client controls the delivery of certain materials and / or the implementation of
he has reserved certain parts of the work to himself, he is not liable for
timely delivery or late implementation thereof.
9-5 If the commencement or progress of the work is delayed by factors for which
the client is responsible, the resulting damage for "De Konstruktie" and
costs are charged to the client.
Article 10 Extra unforeseen costs.
10-1 In all cases, "De Konstruktie" means "soil" or soil spoil, not
contaminated soil or soil spoil. All costs of leave, research, processing etc. will
are charged to the client, unless they have been submitted in writing with the assignment in advance
has stated that there is a chemical or other type of contamination. This one
mention must then be accompanied by one or more certified analyzes.
10-2 If asbestos or other health-threatening during demolition or other activities
substances are present or can be released, their removal does not fall within the scope of
quotation of “De Konstruktie”, unless the client has given the order in writing in advance
state that these substances are present, in which case the quantities and quantities must also be stated
the locations of the substances in question.
Article 11 Outsourcing work to third parties.
Client authorizes "De Konstruktie" to place the order by a third party to be designated by him, on a
having it carried out at the desired time.
Article 12 Down payment.
"De Konstruktie" is entitled to a deposit of at least 30% upon entering into the agreement
ask. If due to an attributable shortcoming in the performance on the side of
"The Constitution" the agreement is dissolved, the client has the right to reimbursement of the
down payment made, as well as compensation, as further regulated in these conditions,
of which in any case the statutory interest on the amount paid in advance by him
makes a difference. A different scheme applies to contractors / construction companies that depends on the total amount and
relation between the order to be delivered.
Article 13 Prices.
13-1 If changes are made by the government or trade unions after the time of the assignment
be made to wages, working conditions, or social provisions, each of the
parties the right to demand full settlement.
13-2 Unforeseen interim changes in material prices can be passed on.
13-3 If the price fluctuation is more than 5% of the agreed transaction price
Both parties are entitled to terminate the agreement, unless this price fluctuation results
is a change to the agreement or arises from a power to do so under the
law.
Article 14 Materials.
14-1 All materials to be processed must be of good quality, suitable for them
destination and meet the requirements.
14-2 "De Konstruktie" gives the client the opportunity to inspect the materials. The inspection must
to be made upon their arrival at work (possibly on agreed samples) or
on the first occasion thereafter, provided that in the latter case the progress of the work is not delayed
danger. "De Konstruktie" is authorized to be present at the inspection or to be represented.
14-3 The client is authorized to have the materials examined by third parties, such in
consultation with "De Konstruktie", the costs involved are for the account of the client, except
in the event of rejection, in which case the costs are for the account of "De Konstruktie". Materials which
made available by the client are deemed to have been approved.
14-4 The materials that come out of the work, of which the client has stated that this
it wishes to keep them must be removed from the work by him. All others
materials will be removed by "De Konstruktie" unless otherwise agreed, and can
if desired, fall to “The Constitution”, possibly subject to a fair settlement.
14-5 Subordinate changes (eg minor model changes) from or to the "De Konstruktie"
materials supplied give no reason for rejection.
Article 15 Modification of the assignment.
15-1 Changes to the original order, of any nature whatsoever, in writing or orally
or applied on behalf of the client, which cause higher costs than those incurred in the
price estimate could be calculated, the client will be charged extra.
15-2 Changes still required by the client after the assignment has been issued
in the implementation thereof, must be notified in time and in writing to "De Konstruktie" by the client
have been brought. If the changes are stated orally or by telephone, the risk is for
the implementation of the changes on behalf of the client.
15-3 Changes and / or additions made may result in the
agreed delivery time or completion of the execution by "De Konstruktie" is exceeded,
what is accepted by the client.
Article 16 Extra and less work.
16-1 The work only comprises that which has been agreed in writing between the parties.
16-2 The client has the right before or during the execution of the work herein
change. Only additional work that has been assigned as such and in writing will be for
execution and settlement. The lack of a written assignment is late
without prejudice to the claims of the client on the execution, respectively of "De Konstruktie" on the
settlement thereof, if and to the extent that it will be proven by other means that it
additional work as such.
16-3 Costs incurred by "De Konstruktie" which are caused by no fault of its own can be charged to the
be charged to the client.
Article 17 Cancellation.
17-1 If the client cancels the order and / or refuses to accept the goods,
he is obliged to work with or without the materials and raw materials already purchased by "De Konstruktie"
processed at the cost price, including wages and social security contributions, and pay and
he is furthermore obliged to "De Konstruktie" to a full compensation for what has already been done.
Client will also owe "De Konstruktie" the amount of 1/3 as compensation
of the agreed price. Client indemnifies “De Konstruktie” against claims from third parties such as
consequence of the cancellation of the order and / or refusal of the goods.
17-2 Without prejudice to the provisions of the previous paragraph of this article, "De Konstruktie" reserves all rights
to claim full compliance with the agreement and / or full compensation.
17-3 Whether or not to grant subsidies, financing and other unforeseen circumstances
are never arguments for canceling orders given, unless in that case between the client
and "De Konstruktie" has been agreed otherwise in writing.
Article 18 Delivery times.
18-1 The agreed delivery times are not strict deadlines, unless explicitly stated
agreed otherwise in writing. In the event of late delivery, the client must provide "De Konstruktie"
to give written notice of default.
18-2 The delivery times are set in the expectation that for "De Konstruktie" none
impede the implementation of the work.
18-3 The specified periods start after receipt of any agreed upon
advance payments and all permits to be issued by the client or other parties,
exemptions, approvals, and / or assignments, information, documents, any materials
and the like and that the place where the work is to be performed, in the opinion of
"The Constitution" is such that the execution of the work can be started.
18-4 When ordered goods do not pass through the
have been purchased by the client, those goods are at his expense and risk
available.
Article 19 Delivery.
19-1 The work is deemed to have been delivered at the time when "De Konstruktie" this de
client has notified in writing, or after 8 days after "De Konstruktie"
has notified the client in writing that the work has been completed, and the client
has failed to record the work within that period or the client has constructed and / or
commissioned or performed work.
19-2 Minor defects will be repaired as soon as possible by "De Konstruktie" and none can
reason for withholding approval from the client. Subject to the recovery
of the aforementioned minor defects, "De Konstruktie" is only held as soon as possible
repair of defects that are known to him in writing within 30 days after delivery
brought. The costs associated with this work are for the account of
client, unless the cause can be attributed to "De Konstruktie".
19-3 If a certain date of delivery has been agreed upon, this will automatically become
extended, if stagnation occurs, which "De Konstruktie" cannot be charged, such as additional work,
unworkable weather, strike, exclusion, war, danger of war or other special
circumstances, as mentioned in the article "Force majeure".
Article 20 Advertising.
20-1 The client is obliged immediately after the delivery of the work or the goods
thoroughly inspect for defects and in the presence thereof, "De Konstruktie" immediately in writing on the
to notify.
20-2 If the client does not receive the De Konstruktie within 14 days after the day of delivery or completion
writing by registered letter indicates defects that could be investigated
noted, the client is deemed to be in the condition in which the purchased item was delivered or
delivered, to agree and any right to advertising lapses.
20-3 "The Constitution" must be enabled to check submitted claims. At
In accordance with this agreement, a written statement will be drawn up that must be submitted by both parties
be signed.
20-4 If, in the opinion of "De Konstruktie", the complaint is correct, "De Konstruktie" or a fair
pay compensation up to a maximum of the net invoice value of the delivered goods,
or ensure that the defects that have occurred are remedied, at the discretion of "De Konstruktie".
Article 21 Liability.
21-1 "De Konstruktie" is not liable for the costs, damages and interest that might arise as
direct or indirect consequence of:
a. Force majeure, as further described in these conditions;
b. Deeds or negligence of the client, his subordinates, or other persons
who have been employed by or on behalf of him;
c. Negligence of the client in the maintenance of the delivered goods;
d. Damage to the delivered goods as a result of mechanical and chemical or
biological influences from outside, wood destroying fungi, wood destroying vermin and
of such;
e. Any other external cause.
21-2 "The Constitution" is liable, insofar as his insurance covers this, or up to a maximum of the net
invoice value, for damage to the work, fittings material and equipment, as well as to the
work and / or property of the client and / or third parties, insofar as caused by fault
from "De Konstruktie" or from those who have been put to work by "De Konstruktie" on the work (s) dedicated to "De Konstruktie".
21-3 "De Konstruktie" will in principle not have been held to sustain business and / or consequential damage of a
to reimburse the client depending on the nature of the debt.
21-4 As soon as materials, parts or tools are used for the execution of the assignment
are required at work, the client bears the liability for all
risks and damage, of whatever nature, that may arise to the materials, installations,
parts or tools, such as theft, fire, water damage or damage, such
without prejudice to the authority of the client to prove that it is the result of
negligence on the part of "De Konstruktie".
21-5 Insofar as not expressly stated otherwise in these general terms and conditions, will lapse
claim rights and other powers of the client for whatever reason
"The Constitution" in connection with the execution of the assignment, at least one year after the moment
on which the client became known or could reasonably have been aware of the existence of this
rights and powers. The aforementioned claim rights and other powers of
the client must be notified in writing to “De Konstruktie” within the aforementioned period.
Article 22 Force majeure.
22-1 Extraordinary circumstances, such as storm damage and others
natural disasters, obstruction by third parties, obstruction in transport in general, whole or
partial strikes, riot, war or danger of war both here and in the country
of origin of the materials, exclusions, loss or damage of goods during transport
to "De Konstruktie" or the client, non-delivery or late delivery of goods by suppliers of
"The Constitution", export and import prohibitions, full or partial mobilization, restrictive measures of
any government, fire, malfunctions and accidents in the company or in the means of transport of
"The Constitution", or in the means of transport of third parties, imposing levies or other
government measures, which entail a change in the factual circumstances, result in
"De Konstruktie" force majeure, which "De Konstruktie" relieves of its obligation to deliver or perform work,
without the client having any right to compensation of any kind or whatever
named.
22-2 "De Konstruktie" is entitled in these or similar cases, in its sole discretion,
to cancel or cancel the purchase agreement or agreement to perform work
suspend or amend them until the extraordinary circumstances have ceased
to exist, whereby the client is obliged to pay for any performance delivered.
Article 23 Warranty.
For goods sold and delivered with factory resp. importer or wholesale guarantee
only the warranty provisions set by these suppliers apply.
Article 24 Retention of title.
24-1 As long as "De Konstruktie" does not make a full payment regarding an agreement between the parties
until the execution of work or of the purchase / sale (including any damage, costs and interest
the goods supplied, remain the property of "De Konstruktie".
24-2 "The Constitution" also has the right to reclaim these goods and to take them if they have
the negligent client applies for bankruptcy or becomes bankrupt
declares, applies for or receives a moratorium on payment, the debt rescheduling arrangement
is declared applicable by virtue of the Natural Persons Debt Restructuring Act
an attachment is made on all or part of his property or assets.
24-3 All acts of disposal with regard to the sold and delivered goods are
the client is prohibited, as long as he has not met his payment obligations.
Article 25 Non-performance and dissolution.
25-1 If the client commits non-performance in any way, he will be alone
are already in default without any notice of default being required. Without prejudice to the provisions in
the Civil Code will "De Konstruktie" in the event of non-performance have the right to fulfill its obligations
suspend the agreement concluded, the agreement in whole or in part without judicial action
declare the intervention to be dissolved, at his discretion.
25-2 Parties are entitled to the agreement with immediate effect, without
terminate judicial intervention by registered letter if:
a. The other party fails to comply with one or more obligations arising from the agreement and
after a reasonable period of time has been granted to him to still perform. "The Constitution" also has
in the event that the client fails to comply with one or more obligations, such at his own discretion,
to suspend the execution of the agreement.
b. The other party applies for bankruptcy or is declared bankrupt, moratorium
applies for or obtains a debt rescheduling arrangement under the Act
Debt restructuring Natural Persons is declared applicable or attached to it
all or part of its properties or assets is laid.
c. The other party dies, is placed under guardianship or is dissolved.
d. The other party proceeds to strike or transfer of its business or intends to enter the Netherlands
leave.
25-3 "The Constitution" is entitled to any amount if he invokes paragraph 2 of this article
due by the client on the basis of services already provided by "De Konstruktie", without that
any warning or notice of default is required in its entirety to be claimed, all without prejudice
the right of "De Konstruktie" to reimbursement of costs, damage and interest.
Article 26 Payment.
26-1 Payments, also in installments, must be made within 14 days after the submission of
the invoice, unless agreed otherwise in writing.
26-2 Complaints or objections about the invoice (s) or work must be submitted within 8 days after
invoice date to be submitted in writing to “De Konstruktie”.
26-3 Complaints or objections about the invoice (s) or activities suspend the
payment obligation not on.
26-4 "The Constitution" is entitled if the payment of the due is not within the stipulated amount
received by him in the long term, an interest ad to the client. 1.25% per month too
calculated from the date of the due date of the invoice date.
26-5 "The Constitution" is furthermore entitled, apart from the principal sum and interest from the client
claim costs, both judicial and extrajudicial, caused by the non-payment,
including the costs of (litigation) lawyer, agent, bailiff and
collection agency.
26-6 All judicial and extrajudicial costs incurred are for the account of the
client. The extrajudicial costs will be calculated in accordance with the report
Foreword II or, if this report is no longer up to date, in accordance with the rates charged by
the Dutch Association for the Judiciary will then be deemed reasonable. Also be
the extrajudicial costs plus all costs for legal advice and assistance.
Article 27 Applicable law.
All agreements and / or actions performed by De Konstruktie are exclusively subject to
Dutch law applies; these agreements and / or actions are deemed to be in
Closed or performed in the Netherlands. The "Vienna Sales Convention" becomes explicit
ruled out.
Article 28 Disputes.
28-1 All disputes arising from the agreements concluded between the parties, including
including the mere recovery of the amount due, will be brought before the Civil Court of the
"De Konstruktie" place of business, if it so wishes, must be brought before the
Civil Court is legally authorized to do so.
28-2 Parties can submit a different form of dispute settlement in writing, such as for example
arbitration.
Article 29 Amendment of the conditions.
"De Konstruktie" is authorized to make changes to these terms and conditions. The changes take effect
operation at the announced time of entry into force "De Konstruktie" will change the conditions
send to the client on time. If no time of entry into force has been communicated,
changes to the client come into effect as soon as he / she is the change
communicated.
