Terms & Conditions
The conditions that apply to our quotations, works and agreements.
This is a translation of our Dutch terms and conditions, provided for convenience. In the event of any discrepancy, the Dutch version prevails.
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Contractor: Verbouw Noord, trading as VerbouwGroep Noord, established at Peizerweg 97 I13, 9727 AJ Groningen, registered with the Dutch Chamber of Commerce under number 99068915.
- Client: the natural person or legal entity entering into an agreement with the contractor, or requesting a quotation.
- Consumer: a client who is not acting in the course of a profession or business.
- Agreement: any arrangement between client and contractor regarding the performance of work and/or the supply of materials.
- The work: all works to be carried out and materials to be supplied by the contractor as described in the quotation or order confirmation.
- Additional work: work or deliveries falling outside the originally agreed scope, at the client's request or as a result of changed circumstances.
Article 2 – Applicability
- These terms and conditions apply to all quotations, offers, agreements and works of the contractor, unless expressly agreed otherwise in writing.
- Deviations from these terms apply only if confirmed in writing by the contractor and only for the agreement concerned.
- The applicability of any terms and conditions of the client is expressly rejected, unless accepted in writing by the contractor.
- If any provision of these terms proves void or voidable, the remaining provisions remain in full force. In that case the parties will consult on a replacement provision that approximates the intent of the original provision as closely as possible.
- These terms are provided before or upon conclusion of the agreement and are permanently available on our website.
Article 3 – Quotations and offers
- All quotations are without obligation and valid for 30 days from the date of issue, unless a different period is stated in the quotation.
- Quotations are based on the information, drawings and dimensions provided by the client and on the situation as visible and accessible during the site survey.
- Obvious errors, miscalculations or clerical errors in a quotation are not binding on the contractor.
- For consumers, prices are stated including VAT at the rate applicable at that time. For business clients, prices are exclusive of VAT unless stated otherwise.
- A composite quotation does not oblige the contractor to perform part of the assignment for a proportionate part of the price.
- Surveying the work and issuing a quotation are free of charge, unless otherwise agreed in writing in advance, for example in the case of extensive drawing or advisory work.
Article 4 – Formation of the agreement
- The agreement is concluded when the client accepts the quotation in writing or electronically (by e-mail, WhatsApp or digital signature), or when the contractor starts the work with the client's consent.
- Verbal undertakings or arrangements made with staff or engaged third parties bind the contractor only after written confirmation.
- Changes to the assignment after conclusion of the agreement are recorded in accordance with article 7 (additional and reduced work).
Article 5 – Performance of the work
- The contractor performs the work to the best of its knowledge and ability, with qualified personnel and in accordance with the standards of sound and proper workmanship, complying with the regulations, standards and legislation in force at the time of performance (including the Dutch building decree and NEN 1010).
- The contractor's obligation is an obligation of best efforts, unless a specific result has been expressly promised in writing.
- The contractor determines how and by whom the work is carried out, taking the client's wishes into account.
- The contractor is entitled to carry out the work in phases and to invoice completed parts separately.
- The contractor will warn the client in good time if, during performance, the assignment, the information supplied or the materials or constructions prescribed by the client contain inaccuracies or defects that may cause problems.
- Work is in principle carried out on working days between 07:00 and 17:00. Work outside these hours takes place only by arrangement and may incur additional costs.
Article 6 – Obligations of the client
- The client ensures that the contractor has timely access to the work site and that the site is in such condition that the work can be carried out without hindrance.
- The client provides electricity, water, heating and, where available, a lockable space for storing materials and tools, free of charge.
- The client provides sufficient parking and unloading facilities near the site. Costs of parking permits, exemptions or closing off public roads are for the client's account, unless agreed otherwise.
- The client provides all information, drawings and decisions necessary for performance in good time, and reports on its own initiative all relevant particulars, including the location of pipes and cables, load-bearing structures and the presence of asbestos or other contamination.
- The client is responsible for the timely removal of furniture, contents, floor coverings and other items from the work area, unless agreed otherwise.
- The client bears the risk of damage caused by incorrect or incomplete information, by defects in the property being worked on, and by materials and constructions prescribed or supplied by the client.
- If the client fails to meet its obligations and this causes delay or additional costs, these will be charged to the client. Waiting hours are charged at the applicable hourly rate.
Article 7 – Additional and reduced work
- Changes to the work result in additional or reduced work. The contractor informs the client in advance of the nature of the additional work and its consequences for price and planning.
- Additional work is, as far as possible, recorded in writing or by e-mail in advance and confirmed by the client. The absence of a written instruction does not affect the contractor's entitlement to payment for additional work actually carried out and requested by the client.
- Necessary additional work arising from unforeseen circumstances or from defects that only become visible after demolition or dismantling is reported as soon as possible and carried out after the client's approval. Where immediate action is required to prevent damage or unsafe situations, the contractor may carry out this work and charge for it afterwards.
- Additional work is settled on the basis of actual costs at the applicable hourly rates and material prices, unless a fixed price has been agreed. Reduced work is deducted, whereby the contractor may retain up to 10% of the reduced-work amount to cover costs already incurred and lost profit.
- Additional work may be invoiced separately and in the interim.
Article 8 – Planning, duration and completion
- Stated start and completion dates are indicative and do not constitute strict deadlines, unless expressly agreed otherwise in writing.
- Exceeding an indicative period does not entitle the client to compensation or termination, unless the contractor remains in default after written notice of default allowing a reasonable period for performance.
- Delay caused by weather conditions, supplier lead times, additional work, permit procedures or the failure of the client or third parties engaged by the client to meet their obligations extends the performance period by at least the duration of that delay.
- The work is deemed completed when the contractor has notified the client that the work is ready and the client has accepted it, or when the client takes the work into use. If the client takes part of the work into use, that part is deemed completed.
- On request, a snagging list of any outstanding items is drawn up at completion. Outstanding items that do not impede use of the work do not entitle the client to withhold more than the amount required for their remedy.
- After completion, the risk in the work passes to the client.
Article 9 – Prices, provisional sums and estimates
- Agreed prices are based on the cost prices of materials, labour and services applicable at the time of quotation.
- Where a provisional sum applies, the amount stated in the quotation is an estimate. Settlement takes place on the basis of actual costs. The contractor informs the client in good time if a provisional sum is expected to be exceeded.
- Where an indicative price or time-and-materials basis applies, settlement takes place on the basis of hours actually spent and materials actually used. The contractor warns the client if the indicative price threatens to be exceeded by more than 10%.
- If more than three months elapse between conclusion of the agreement and performance, the contractor may pass on demonstrable increases in the cost of materials, wages and transport. A consumer is entitled to terminate the agreement free of charge in the event of a price increase within three months of conclusion, unless the increase results from statutory measures.
- Unless stated otherwise, the price does not include: permit and municipal fees, structural calculations, demolition and asbestos surveys, disposal of chemical or hazardous waste, repair of pre-existing defects, and the connection or relocation of utilities by network operators.
Article 10 – Payment
- Payment must be made within 14 days of the invoice date, without discount, suspension or set-off, unless a different period is stated on the invoice or in the agreement.
- The contractor is entitled to require a down payment and/or payment in instalments in proportion to the progress of the work. For consumers, any advance payment requested does not exceed 50% of the contract sum.
- If the payment term is exceeded, the client is in default by operation of law. From that moment, statutory interest – or, for business clients, statutory commercial interest – is payable on the outstanding amount.
- All reasonable costs of obtaining payment out of court are for the client's account. For consumers, these collection costs are calculated in accordance with the Dutch decree on compensation for extrajudicial collection costs, after the client has received a reminder allowing a period of fourteen days to pay free of additional charges.
- The contractor is entitled to suspend performance of the work for as long as the client leaves a due invoice unpaid, after notifying the client in writing.
- Payments made by the client are applied first to costs and interest owed, and then to the longest outstanding invoice.
Article 11 – Retention of title
- All materials supplied and not yet installed remain the property of the contractor until the client has fully met all its obligations under the agreement.
- The client is not entitled to pledge, transfer or otherwise encumber unpaid materials.
- The client is obliged to store goods delivered under retention of title with care and as identifiable property of the contractor, and to insure them against the usual risks.
- Materials, tools and machinery of the contractor present at the site are there at the contractor's expense and risk, unless damage is caused by the client or by third parties engaged by the client.
Article 12 – Warranty
- The contractor warrants that the work meets the standards of sound and proper workmanship. A warranty period of 12 months from completion applies to work carried out by the contractor, unless a different period has been agreed in writing.
- For materials, appliances and installations supplied, the warranty provided by the manufacturer or supplier applies. The contractor acts as intermediary in passing on the manufacturer's warranty.
- The warranty covers free repair or replacement of the defect. Consequential loss, surcharges for work outside regular working hours and the cost of removing finishes not applied by the contractor are not covered, unless mandatory law provides otherwise.
- No warranty claim exists in the case of: normal wear and tear; improper, unintended or insufficient maintenance or use; modifications or repairs by the client or by third parties without the contractor's consent; materials and constructions prescribed or supplied by the client; defects resulting from the pre-existing situation or from work by third parties; and external causes such as fire, water damage, storm, frost, subsidence or earthquakes.
- Warranty claims are suspended for as long as the client has not met its payment obligations.
- This warranty does not affect the consumer's statutory rights, including the right to conformity.
Article 13 – Complaints
- The client must inspect the work at completion. Visible defects must be reported in writing at completion or within 14 days thereafter at the latest.
- Non-visible defects must be reported in writing within 14 days of discovery and in any event within the warranty period.
- A complaint does not suspend the payment obligation, except for the amount reasonably required to remedy the defect and except for the consumer's mandatory statutory rights.
- The client must give the contractor the opportunity to investigate and remedy the defect. If repairs are carried out by third parties without the contractor having been given that opportunity, any claim to warranty or compensation lapses.
Article 14 – Liability
- The contractor is liable only for direct loss resulting from an attributable failure to perform the agreement.
- The contractor's liability is limited to the amount paid out in the relevant case under the contractor's liability insurance, increased by the deductible. If the insurer does not pay out, liability is limited to the invoice value of the assignment, or to that part of the assignment to which the liability relates.
- The contractor is not liable for indirect loss, including consequential loss, lost profit, lost savings, loss of rent, removal or storage costs and loss due to business interruption.
- The contractor is not liable for loss resulting from incorrect or incomplete information from the client, from defects in the pre-existing situation, from materials or constructions prescribed by the client, or from work by third parties engaged directly by the client.
- Minor damage that is customary and unavoidable in work of this kind – such as hairline cracks in plaster, traces of drilling and chasing, and limited colour differences between existing and new materials – does not constitute attributable damage.
- The limitations in this article do not apply where the loss results from intent or deliberate recklessness on the part of the contractor or its managers, nor in the case of personal injury or death.
- Any claim lapses if it is not submitted to the contractor in writing within twelve months of discovery.
Article 15 – Force majeure
- Force majeure means any circumstance beyond the contractor's control that temporarily or permanently prevents performance, including: extreme weather, fire, water damage, earthquake damage, strikes, illness or absence of personnel, disruptions or shortages at suppliers, transport restrictions, material scarcity, energy failures, cyber incidents, epidemics and government measures.
- During force majeure the contractor's obligations are suspended. In that case the contractor owes no compensation.
- If the force majeure situation lasts longer than 60 days, either party may terminate the agreement in writing in respect of the part not yet performed. The part already performed is settled pro rata.
Article 16 – Suspension, termination and cancellation
- The contractor may suspend or terminate the agreement if the client fails to meet its obligations, is declared bankrupt, applies for suspension of payments or is placed under administration.
- If the client cancels after conclusion of the agreement, the client owes the costs already incurred, including ordered or custom-made materials, preparation and drawing work and reserved capacity. In addition, the client owes compensation of 10% of the contract sum over the part not performed to cover lost profit, unless the actual loss is demonstrably higher or lower.
- Cancellation must be made in writing or by e-mail.
- Upon termination, the contractor's claims against the client become immediately due and payable.
Article 17 – Engagement of third parties
- The contractor is entitled to have the work or parts of it carried out by subcontractors, self-employed professionals and other third parties. The contractor remains responsible for the quality of the work it delivers.
- If the client engages third parties itself who work on the same site, the client is responsible for coordination between them and the contractor is not liable for delay or loss arising from this.
Article 18 – Permits, drawings and pre-existing situation
- The client is responsible for obtaining the necessary permits, exemptions, notifications and consents in good time, including consent from an owners' association, landlord or neighbours, unless agreed otherwise in writing.
- The contractor may advise or assist the client in this; this does not relieve the client of its own responsibility. Failure to obtain a permit, or obtaining it late or subject to conditions, is at the client's risk.
- The contractor is not liable for the accuracy of drawings, structural calculations and specifications supplied by the client or its advisers.
- Structural alterations are carried out only on the basis of calculations prepared by a qualified structural engineer. The costs of these are for the client's account, unless agreed otherwise.
Article 19 – Safety, asbestos and contamination
- The client reports in advance the presence or suspected presence of asbestos, lead, mould or other contamination. For homes built before 1994, an asbestos survey may be mandatory.
- If asbestos or another hazardous substance is encountered during the work, the contractor stops work immediately. The costs of investigation, certified removal, standstill and delay are for the client's account.
- The client grants access to the site only to authorised persons and keeps children and pets away from the work area.
Article 20 – Intellectual property and visual material
- All designs, drawings, sketches, calculations and quotations produced by the contractor remain the property of the contractor and may not be reproduced or made available to third parties without written consent.
- The contractor is entitled to take photographs and video of the completed work and to use them for its own promotional purposes, such as its website and social media, without stating identifiable personal or address details. The client may object to this in writing before or during the work.
Article 21 – Consumer right of withdrawal
- If an agreement with a consumer is concluded away from the contractor's business premises, for example at the consumer's home, or entirely at a distance by telephone, e-mail or via the website, the consumer has the right to withdraw from the agreement within 14 days without giving reasons.
- The withdrawal period starts on the day after the agreement is concluded. Withdrawal may be communicated in writing or by e-mail.
- If the consumer expressly requests that work begin during the withdrawal period, the consumer owes a proportionate part of the price for the work already carried out in the event of withdrawal. If the work has been fully performed within the withdrawal period at the consumer's express request, the right of withdrawal lapses.
Article 22 – Privacy
The contractor processes personal data in accordance with the General Data Protection Regulation (GDPR). See our privacy policy for details of which data we process, for what purpose and how long we retain it.
Article 23 – Amendment of these terms
The contractor is entitled to amend these terms and conditions. Amended terms apply to agreements concluded after the date of amendment. For ongoing agreements, the terms applicable at the time of conclusion continue to apply, unless the parties agree otherwise.
Article 24 – Governing law and disputes
- All agreements between the contractor and the client are governed exclusively by Dutch law.
- The parties will first endeavour to resolve disputes by mutual consultation. Failing that, disputes will be submitted to the competent court of the District Court of Northern Netherlands, Groningen location.
- If the client is a consumer, the consumer has the right, within one month after the contractor has invoked this provision in writing, to choose to have the dispute settled by the court designated as competent by law.
Contact details
- Company name: Verbouw Noord (trading as VerbouwGroep Noord)
- Address: Peizerweg 97 I13, 9727 AJ Groningen, the Netherlands
- Chamber of Commerce number: 99068915
- VAT number: NL005370764B43
- E-mail: niels@verbouwgroepnoord.nl
- Phone: 06 3035 7504
These terms and conditions are available free of charge and will be sent digitally or by post on request.