General terms and conditions
Effective from March 2019
- TREBLA situated on the Betje Wolffstraat 8, 2135RS Hoofddorp. Website: www.treblaonderhoud.nl, Chamber of Commerce No.: 65030818.
- Services of TREBLA: as provided on the website.
- Other Party: the natural person not acting in the course of a profession or business (hereinafter referred to as the Customer/Consumer) or legal entity or natural person acting in the course of a profession or business (hereinafter referred to as the Client), who has entered into a contract with TREBLA.
- Parties: TREBLA and opposite party.
- Commencement date: The date on which the contract was entered into.
- Commencement date: The agreed date on which TREBLA’s services commence.
- Day: calendar day except weekends and recognized national holidays.
- Month: calendar month.
- Written: both in hard copy and by email
- General Conditions: this document
Article 1. General Terms and Conditions and Applicability
- These General Terms and Conditions apply to all offers made by TREBLA, to all contracts concluded with TREBLA and to all legal relationships arising from such contracts.
- The most recently filed version of the General Terms and Conditions and/or the version valid at the time of the conclusion of the contract shall always apply.
- The General Terms and Conditions of TREBLA shall prevail at all times, the Other Party’s General Terms and Conditions (of sale and purchase) are expressly rejected.
- The General Terms and Conditions can be viewed on our website and will be sent in hard copy to you, free of charge, on request.
- Deviations from the General Terms and Conditions are only valid if they have been agreed in writing.
- If one or more provisions of the General Terms and Conditions are annulled or cancelled in whole or in part by court order, the other provisions shall remain in full force and the invalid/nullified provisions shall be replaced by legally valid provisions that correspond to the intentions of the parties as closely as possible.
- In all cases in which these General Terms and Conditions do not provide or provide for something incomplete, the Parties will enter into consultations with a view to agreeing new provisions.
- If TREBLA has allowed deviations from these General Terms and Conditions, tacitly or otherwise, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these General Terms and Conditions.
- TREBLA is at all times entitled to amend the General Terms and Conditions. In the case of existing customers, such a change will take effect after the Other Party has been informed of the amended General Terms and Conditions.
- Should TREBLA make such an amendment to the General Terms and Conditions that this leads to a substantial amendment of the contract, the Other Party will be entitled to terminate the contract within seven (7) days of the amendments taking effect.
- The legal relationships arising from the General Terms and Conditions and the contract(s) concluded with the Other Party are governed exclusively by Dutch law.
Article 2. The Offer
- The Offer (also called offer) is without obligation and expires after fourteen (14) days.
- The price stated in the offer is indicative at all times, unless otherwise agreed.
- TREBLA is entitled to amend and adapt the offer until the moment of acceptance by the Other Party.
- If, contrary to the previous paragraph, an Offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the Offer.
- A compound offer does not oblige TREBLA to provide part of the service(s)/chore(s) offered at a corresponding part of the price or rate.
- The Offer will include the manner in which possible less/additional work will be charged. If no agreements have been made on this, the costs incurred by TREBLA in connection with additional work will be charged and the normal (hourly) rates of TREBLA will apply.
- The Offer contains the most accurate possible description of the Services offered.
- All prices mentioned in the Offer are based on performance between 7 am – 6 pm.
- The start of the performance and the delivery date of the contract will be recorded in the Offer and will be considered as an indication, not a deadline, unless this has been expressly agreed between the Parties in writing.
- TREBLA shall be entitled to charge the Other Party for costs related to the Offer if the Other Party has been notified of this in writing in advance.
- The offer does not automatically apply to repeat orders and/or future orders.
Article 3. The contract
- The contract will be concluded at the moment of written acceptance by the Other Party to the Offer made by TREBLA and compliance with the conditions attached thereto.
- The date of receipt of TREBLA’s acceptance will be the start date of the contract.
- Within the framework of the contract, TREBLA is free to provide the agreed Services as it sees fit.
- TREBLA is entitled to execute the contract in parts.
- Amendments and/or supplements to the contract must have been agreed in writing with TREBLA.
Implementation of the contract:
- TREBLA will use its best efforts to perform the contract with care and at its own discretion and is not obliged to follow the instructions of the Other Party.
- All Services provided by TREBLA shall be performed on the basis of an obligation to perform to the best of one’s ability, unless the Parties have agreed otherwise in writing and uambiguously.
- TREBLA is not obliged to perform the Work in person, but is entitled to have the work performed by one or more third parties/persons with the same and/or similar qualifications at its own discretion.
- TREBLA is entitled to make minor changes in the execution of the work at its own discretion, insofar as this does not result in a substantial change in the work.
Article 4. The Price
- The prices charged by TREBLA for Clients are in euros and exclusive of VAT and for consumers in euros and inclusive of VAT. The invoice will show both the price including and excluding VAT.
- In the event of increases in the prices of raw materials, transport costs and government levies, TREBLA shall be entitled to pass on to the Other Party these costs relating to work and/or the assembly of (parts of) facilities that still have to be carried out and/or supplied by TREBLA at the time these increases take effect.
Article 5. Not included in the price
- Unless otherwise agreed in writing, the price of the Offer does not include:
- Cleaning of other items than those to be delivered.
- Vertical transport.
- Urgent delivery or delivery outside office hours.
- All changes and additions to the Order, including changes in the execution or changes caused by the information provided not corresponding to reality.
- Additional work caused by a hidden defect.
- Lost working hours due to water, gas or power failure.
Article 6. Payment
- Unless otherwise agreed in writing, 50% of the amounts owed by the Other Party must be paid before commencement of the activities and the remaining 50% must be paid upon delivery.
- TREBLA may request the Other Party to make a prepayment/payment, periodic payment or payment in instalments. Such agreements shall be laid down in the Offer.
- If an advance payment has been agreed, TREBLA is not obliged to perform the relevant Service(s) until the advance payment has been made.
- In the event that an advance payment has been agreed on and the Other Party has not fulfilled this obligation, TREBLA shall be entitled to compensation for the resulting (delaying) damages.
- If the Other Party fails to fulfil its payment obligation(s) on time, it will be liable to pay statutory interest on the amount due after TREBLA has informed the Other Party of this and has granted the Other Party a period of five (5) days to fulfil its payment obligations. After the failure to pay within this 5-day period, TREBLA will be entitled to charge the extrajudicial costs incurred by them.
- If the Other Party is in arrears with regard to its payment obligation(s), TREBLA shall be entitled to store goods already delivered at the expense and risk of the Other Party and to postpone the first delivery until all payment obligations have been met.
- The Other Party shall be obliged to immediately report any inaccuracies in the payment details provided or stated to TREBLA.
Article 7. Provision of information and confidentiality
- Information which TREBLA indicates is necessary for the performance of the contract or of which the Other Party should reasonably understand the necessity thereof to TREBLA, must be provided to TREBLA in good time.
- If the information referred to in the previous paragraph has not been provided to TREBLA on time, TREBLA will be entitled to suspend the performance of the Agremeent and/or to charge the Other Party for the extra costs according to the customary tariffs which arise from the delay.
- By providing the information referred to in paragraph 1 of this article, the Other Party authorises TREBLA to use this information in the context of fulfilling the contract.
- If the information supplied by the Other Party is incomplete and/or incorrect, this shall be entirely at the risk and expense of the Other Party and TREBLA shall be entitled to charge additional costs in connection therewith.
- The Other Party indemnifies TREBLA against claims from third parties arising from the incorrect and/or incomplete information provided by the Other Party.
- Both parties are obliged to maintain the confidentiality of all confidential information obtained within the framework of their agreement from each other or from other sources. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.
- The TREBLA Privacy Statement applies to all contracts concluded with TREBLA and can be consulted on the website: www.treblaonderhoud.nl/privacy.
Article 8. Intellectual Property
- TREBLA reserves the rights of Intellectual Property (IE) to the designs, images and drawings, sketches and/or offers provided by them.
- The drawings, designs, images, sketches and/or offers provided by TREBLA may not be copied, shown to third parties or used in any other way without the written permission of TREBLA.
- For each event that can be considered as an infringement of an Intellectual Property right according to the Dutch Civil Code, TREBLA has an immediately payable claim of € 5,000 plus € 500 during each day that the infringement continues, rising to a maximum of € 10,000.
- The sanction in the previous paragraph shall not affect TREBLA’s right to claim damages and shall not release the Other Party from its payment obligation.
Article 9. Obligations of the Other Party and Liability
- Unless otherwise agreed in writing, the Other Party is subject to the following liabilities and obligations:
- Ensuring that the necessary requirements, such as permits, exemptions, decisions, etc. have been obtained before the Commencement date.
- The provision of an easily accessible and suitable space where the items, materials and/or tools to be assembled can be sorted or where the delivery can take place.
- The space under the preceding subsection (1.b) must be secured in such a way that damage, in whatever form and in whatever way, or theft will not occur.
- The provision of all reasonable cooperation by the Other Party to enable a smooth delivery, assembly and/or finishing.
- The working space must be free of any obstacles preventing work from being carried out in any form.
- The room in which the work is to be carried out must have electricity, gas sufficient ventilation, water and, if necessary, heating which must be made available free of charge to TREBLA (or third parties engaged by TREBLA). Furthermore, the space must comply with the applicable statutory (safety) requirements.
- TREBLA (or third parties engaged by TREBLA) must be able to make free use of the sanitary facilities available on site.
- If work is to be carried out in the space in question by third parties, this work must be completed before TREBLA (or third parties engaged by TREBLA) commences it work, so that it can carry out its work unhindered.
- The room(s) where TREBLA will carry out its activities must be closed to the public.
- The provision of a facility for the collection of waste, such as construction and chemical waste, unless it has been agreed that TREBLA will take care of this.
- In the event that a lift/hoist or other means of transport is to be used, it must be made available with operation by and at the expense of the Other Party. The instrument to be used must comply with the government regulations in force at the time of use. Damage arising in this connection shall be at the risk and expense of the Other Party, unless a debt on the part of TREBLA is established.
- TREBLA in good time with information regarding the location of pipes, cables etc., that are not covered by the WION of if the location of the pipes, cables, etc. that are covered by the WION has changed or possible deviates from the information known to the Land Registry.
- If the Other Party fails to comply with the obligations set out in this article, TREBLA will have a claim for compensation for the damage and costs arising therefrom that is immediately due and payable.
- If, through no fault of TREBLA, delivery cannot take place at the time and place stipulated for this purpose, the goods shall be stored at the expense and risk of the Other Party.
- Loss, theft and other damage to the tools, machines, (building) materials, etc. used or stored by TREBLA at the Other Party during the performance of the activities, including damage caused by imperfections and/or defects at the work location, are at the Other Party’s risk.
- Goods are deemed to have been delivered and the risk of this is transferred to the Other Party at the moment of actual transfer of ownership to the Other Party.
- If the start and progress of the work is delayed due to circumstances for which the Other Party is responsible, TREBLA can recover the resulting damages from the Other Party.
- The Client shall bear the risk of damages relating to all designs, constructions, drawings, calculations, materials, auxiliary persons, suppliers, implementation regulations and TREBLA designs approved by the Client, provided or prescribed by the Client.
Article 10. Warranty
- TREBLA stands for quality and reliability and therefore offers a guarantee period of six (6) months on the work performed by TREBLA. This should be understood to mean that any defects in the work that become apparent within 6 months of delivery will be remedied free of charge.
- For paintwork (indoor and outdoor) a warranty period of six (6) months applies.
- If the delivery of the work has taken place in stages, the warranty periods shall begin to run upon delivery of these stages.
- Warranty on electronics supplied by TREBLA is at all times limited to the statutory warranty. If the manufacturer offers a longer manufacturer’s warranty, TREBLA will not act as an intermediary during the longer warranty period offered by the manufacturer.
- Warranty only applies to normal use. This is to be understood as the use for which the work is intended according to the contract.
- Warranty only applies under normal circumstances. If the work is exposed to excessive humidity or drought, cold, heat, sunlight, etc., this may adversely affect the warranty.
- TREBLA does not give any warranty in the following cases:
- Jobs that are carried out on the basis of constructions prescribed by the Other Party.
- Materials and/or a share of the work which was carried out by the Other Party or materials and/or a share of the work supplied by third parties on the instructions of the Other Party.
- Repairs or other work carried out by others/third parties on the job, if done without the written permission of TREBLA.
- Glass, discolouration of wood and for minor colour deviations.
- Wear and tear due to normal use.
- Damage and wear as a result of misuse.
- TREBLA will not carry out repair work and/or changes to jobs in connection with the preceding paragraphs 5a to 5c, unless TREBLA has given its express approval.
- Any form of guarantee will lapse if the Other Party makes choices that go against the advice of TREBLA. This could include, for example, materials that according to TREBLA do not meet the requirements necessary for their use for a long life span.
- The manufacturer’s statutory manufacturer’s warranty applies to the delivered equipment/businesses.
- If a room in which the work is carried out/installed is taken into use before the first delivery, this will be entirely at the risk of the Other Party and may affect the guarantee, this at the discretion of TREBLA.
- Samples, promotional material and/or brochures that can be provided by TREBLA to give an indication of, amongst others, colours, dimensions, weights, etc., are as accurate as possible, but are only valid as an indication, therefore no rights can be derived from them.
- The items provided by TREBLA as referred to in the previous paragraph shall remain the property of TREBLA, unless otherwise agreed.
Article 11. Liability
- The services offered by TREBLA concern an obligation to perform to the best of one’s ability.
- TREBLA shall indemnify TREBLA against claims by third parties which are or could be directly or indirectly related to the Services and/or goods supplied by TREBLA.
- TREBLA shall not be liable for any damage, of whatever nature, caused by TREBLA’s reliance on late and/or incorrect and/or incomplete information provided by the Other Party.
- TREBLA shall not be liable for any damage, of whatever nature, caused by TREBLA incorporating choices in the Order at the request of the Other Party which are contrary to TREBLA’s advice.
- Under no circumstances shall TREBLA be liable for damage (including delaying damage) caused by third parties.
- TREBLA shall under no circumstances be liable for damage resulting from incorrect use of goods supplied by TREBLA.
- Under no circumstances shall TREBLA be held liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business stagnation.
- TREBLA’s liability is explicitly limited to direct damage to property and personal injury to property and persons of the Other Party, caused by a demonstrable defect in the delivered property or by intent or gross negligence on the part of TREBLA.
- TREBLA’s liability is always limited to the amount to be paid out by its insurer, plus, where applicable, the amount of the deductible under the relevant policy. If the insurer does not pay out or if the damage is not covered by the insurance, TREBLA’s liability will be limited to a maximum of twice the invoice value of the contract, at least for the part of the contract to which the liability relates.
- The limitations of liability set out in this article do not apply if the damage is due to intent or gross negligence on the part of TREBLA.
Article 12. Involvement of third parties and liability
- TREBLA shall be entitled to engage third parties in the performance of the contract for services.
- TREBLA shall exercise due care when engaging third parties.
- Sections 6:6(2) and 6:71 of the Dutch Civil Code are declared inapplicable to the extent permitted by law.
Article 13. Suspension and Dissolution
- In the event of liquidation, (application for) suspension of payments or bankruptcy, seizure – if and insofar as the seizure has not been lifted within three months at the expense of the Other Party, debt restructuring or any other circumstance as a result of which the Other Party can no longer freely dispose of its assets – TREBLA will be free to terminate the contract with immediate effect or to cancel the contract, without any obligation on the part of TREBLA to pay any compensation or indemnity. In that case, TREBLA’s claims against the Other Party shall become immediately due and payable.
- TREBLA will be entitled to suspend performance of its obligations or to dissolve the contract if the Other Party fails to perform the obligations under the contract, fails to perform them fully or on time or if circumstances that have come to TREBLA’s attention after the contract has been concluded give TREBLA good reason to fear that the Other Party will not perform its obligations or if circumstances arise of such a nature that performance of the contract is impossible or circumstances arise of such a nature that TREBLA cannot reasonably be required to maintain the contract unchanged.
- If the contract is dissolved, TREBLA’s claims against the Other Party shall become immediately due and payable.
- If the dissolution is attributable to the Other Party, TREBLA shall be entitled to compensation for the damage, including the costs incurred directly and indirectly as a result thereof.
- If TREBLA suspends the performance of its obligations, it shall retain its claims under the law and the contract.
- If TREBLA suspends or dissolves the contract, it shall not be obliged to pay compensation for any damage or costs incurred as a result.
- If the Other Party fails to fulfil its obligations under the contract and this failure to fulfil its obligations justifies dissolution, TREBLA shall be entitled to dissolve the contract with immediate effect without any obligation on the part of TREBLA to pay any compensation or indemnification.
Article 14. Interim Termination
- Both parties may terminate the contract in writing at any time.
- If the contract is terminated prematurely by the Other Party, or if TREBLA terminates the contract for reasons that can be attributed to the Other Party, TREBLA will be entitled to compensation for the resulting loss of capacity utilisation, and the Other Party will be obliged to pay the costs already incurred by TREBLA and work performed up to that point.
- The right to compensation for costs relating to loss of occupancy, as referred to in the preceding paragraph, shall lapse if the facts and circumstances underlying the termination can be attributed to TREBLA.
- In the event of termination by the Other Party, the Other Party is obliged to pay the costs already incurred by TREBLA (hours, materials, etc.).
Article 15. Force Majeure
- In these General Terms and Conditions, force majeure shall be understood to mean, in addition to what is understood by law and case law in this respect, all external causes, foreseen or unforeseen, over which TREBLA cannot exercise any influence, as a result of which the normal performance or delivery of the work is impeded and/or TREBLA is unable to fulfil its obligations, including:
- Force majeure of TREBLA’s suppliers.
- Defectiveness of goods, equipment, etc. prescribed by the Other Party.
- Public measures
- Electrical faults.
- General transport problems.
- Work strike.
- The Other Party can suspend the obligations under the contract during the period that the force majeure continues. If this period lasts longer than 90 days, either party shall be entitled to dissolve the contract, without any obligation to pay compensation to the other party.
- If TREBLA has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it shall be entitled to invoice the part already delivered or the part that can be delivered separately and the Other Party shall be obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or to be delivered has no independent value.
Article 16. Retention of title
- In the event of purchase, all goods delivered and to be delivered shall remain the exclusive property of TREBLA until the Other Party has fulfilled all its obligations towards TREBLA.
- The goods supplied by TREBLA that fall under paragraph 1 of this article may not be resold, used as a means of payment, pledged or encumbered in any other way.
- The Other Party shall be obliged to store the goods delivered subject to retention of title with due care and as recognisable property of TREBLA. The Other Party must always do what can reasonably be expected of it to safeguard the property rights of TREBLA.
- In the event that TREBLA wishes to make use of the right as described in this article, the Other Party is obliged to grant TREBLA access to all the locations where the goods are located.
- The provisions referred to in this Article shall not affect the other rights vested in TREBLA.
Article 17. Complaints procedure
- Complaints about the implementation of the contract must be submitted in writing to TREBLA within five (5) days of discovery of the situation on which the complaint is based, fully and clearly described.
- Complaints submitted to TREBLA will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, TREBLA will respond within 14 days with a notice of receipt and an indication when the Other Party can expect a more detailed response.
- A complaint does not suspend the obligations of TREBLA, unless TREBLA indicates otherwise in writing.
- If a complaint is found to be well-founded, TREBLA will look for an appropriate solution.
Article 18. Disputes
- In the event of disputes between the Client and TREBLA, the parties shall endeavour to settle the dispute between them, if necessary, using a mediator. The parties shall share the mediator costs equally.
- Disputes with TREBLA arising from offers and contracts whose route as referred to in the previous paragraph has proved to be unsuccessful shall be submitted to the judgment of the Dutch court having jurisdiction in TREBLA’s place of business, unless the law provides otherwise.