General consumer terms and conditions for the painting, maintenance and glazing industry in the Netherlands, established by the association with full legal capacity Koninklijke Vereniging OnderhoudNL, association of (restoration) painting and (total) maintenance companies, industrial maintenance and glazing companies. These terms and conditions come into effect on September 2, 2019 and have been filed with the Chamber of Commerce under number 40409386. Article 1 - Definitions 1. In these general terms and conditions the following definitions apply: a. Contractor: the natural person or a legal entity who, on the basis of performs work under an agreement concluded with the client and/or supplies materials and carries out painting and related work to and on behalf of the client; b. Client: the natural person or an association of owners, not acting in the exercise of a profession or business, who has concluded an agreement with the contractor regarding the performance of work and/or the supply of materials, the performance of painting and related work for the benefit of the client; c. Agreement: all agreements made between the parties regarding the execution of work and/or the supply of materials. Article 2 - Applicability 1. These general terms and conditions apply to all offers and resulting agreements between parties and form part of the agreements between the contractor and the client. 2. Deviations from these general terms and conditions are only legally valid if agreed in writing. Article 3 - Offer and conclusion of the agreement 1. An agreement is only concluded after the contractor has confirmed in writing the client's acceptance of the quotation submitted by the contractor. 2. Every quotation is without obligation and can be revoked by the contractor within the period stated therein. If no term is stated in the quotation, the contractor can revoke the quotation within eight working days. 3. If neither party confirms the agreement in writing and the contractor has started carrying out the work with the consent of the client, it is presumed that an agreement has been concluded between the parties in accordance with the contract last provided by the contractor to the client. quotation. 4. The drawing and other information regarding the work attached to the quotation remain the property of the contractor and may not be copied or communicated to third parties without the contractor's prior permission. They will be returned to the contractor immediately upon first request. Article 4 - Execution of the agreement 1. The Client ensures that the contractor has access to the complete specifications in a timely manner, about the approvals required for the work (such as permits and exemptions) and the other information required for the work. 2. The Client must ensure that work to be carried out by third parties that does not form part of the contractor's work is carried out in such a way and in such a timely manner that the execution of the work is not delayed. If a delay nevertheless occurs, the client must inform the contractor as soon as possible. 3. The Client provides connection options for the gas, water, electricity, compressed air, steam and the like required for the work. The costs of this and the required consumption are borne by the client. 4. The contractor's staff has free access to the available toilet(s). 5. If the client is in default of what is described in the previous paragraphs of this article, the contractor has the right to suspend the execution of the agreement and to charge the client for the costs resulting from the delay. 6. The contractor has the right to have work carried out by third parties. Article 5 - Prices and price changes 1. The prices quoted by the contractor exclude travel and parking costs as well as the costs of any permit applications. The Contractor is entitled to charge these separately. 2. The contractor is entitled to charge interim price changes if the agreement has lasted three months or longer and has a term of more than six months. These price changes are also possible where price-determining, foreseeable factors are involved. Article 6 - Liability and insurance 1. In the event of defects for which he is liable, the contractor must be given the opportunity by the client to repair these defects or to limit or eliminate the damage resulting from those defects. 2. The contractor is not liable for indirect damage suffered by the client or third parties, including consequential damage and/or damage due to delays. 3. The contractor is not liable for damage due to intent or gross negligence of its non-managerial subordinates. 4. The contractor is not liable for damage resulting from exceeding the implementation period. 5. In the event of the contractor's liability, this is limited to the net invoice amount due under the assignment, up to a maximum of € 5,000.00. If the contractor is insured for the damage in question, his liability is limited to the amount paid out by the insurer in the relevant case, plus the deductible. 6. Any liability lapses, without prejudice to the obligation to complain under Article 6:89 of the Dutch Civil Code. in any case one year after the damage occurred or one year from the moment at which the client could reasonably determine the damage. 7. The Client bears the risk of damage caused by defects in materials made available by him or used at his request, unless the contractor fulfills his duty to warn within the meaning of Article 7:760 jo. has violated 7:754 of the Dutch Civil Code. 8. The Client bears the risk of damage to all materials, parts or tools located on the work site. 9. The contractor is not liable if damage occurs as a result of intent, negligence or culpable actions on the part of the client or if the damage falls within the client's sphere of risk. 10. If the contractor has warned the client in a timely manner and the client has nevertheless required work to be carried out on an unsound surface, the contractor is not liable for the consequences of this. 11. If the start of the work is delayed due to circumstances as referred to in art. 4 paragraph 2, the damage and costs related to this for the contractor must be reimbursed by the client. Article 7 - Delivery and repair of defects 1. Client has the right to inspect the work both interim and upon delivery. If the client rejects the work (in part), it must inform the contractor in writing as soon as possible. 2. If the contractor has indicated that the work is ready to be delivered and the client does not inspect the work within fourteen days and accepts it with or without reservations or refuses under indication of the defects, the client is deemed to have tacitly accepted the work. accepted. After acceptance, the work is considered to have been completed. 3. The notification that the work is ready as referred to in paragraph 2 may consist of an oral, written or digital message or of sending the final invoice. 4. The Client is also deemed to have tacitly accepted the work if the consumer puts the object on which the work has been carried out into use, on the understanding that by putting part of the work into use, that part is considered to have been completed. 5. After delivery, the work is at the risk of the client. He therefore remains liable for the price, regardless of destruction or deterioration of the work due to a cause that cannot be attributed to the contractor. 6. The contractor is released from liability for defects that the client should reasonably have discovered at the time of delivery, but did not report it. 7. If the work shows defects after delivery for which the contractor is liable, the client must, unless this cannot be expected of him in connection with the circumstances, give the contractor the opportunity to remove the defects within a reasonable period, without prejudice to the contractor's liability for damage as a result of the defective delivery. 8. Any minor defects will not be a reason not to accept the work in the context of the first delivery. 9. The client may demand that the contractor remove the defects within a reasonable period, unless the costs of repair would be out of proportion to the client's interest in repair instead of compensation. 10. Final delivery will take place after any minor defects have been repaired by the contractor and the client has definitively approved the work. Article 8 - Force majeure 1. Force majeure is defined as: circumstances that permanently or temporarily prevent fulfillment of the agreement and that cannot reasonably be attributed to the contractor. This also includes: war, danger of war, civil war and riots, terror, severe weather or other severe weather conditions, fire and other disruptions, strikes in other companies, wild or organized strikes in the contractor's company, a general lack of required raw materials, not foreseeable stagnation among suppliers, general transport problems and government measures. 2. The contractor also has the right to invoke force majeure if the circumstance causing force majeure occurs after the contractor should have fulfilled its obligation. 3. In the event of force majeure, the contractor has the right to suspend its obligation. If the impediment to performance due to force majeure continues for more than one month, both parties are entitled to terminate the agreement, without any obligation to pay compensation in that case. 4. If the contractor has already partially fulfilled its obligations when the force majeure occurs, the contractor is entitled to a proportionate share of the determined price based on the work already performed and costs incurred. This does not apply if this part of the agreement has no independent value. Article 9 - Payment and interest 1. Payment must be made within fourteen days after the invoice has been received by the client. After the expiry of these fourteen days, the client is in default and all claims of the contractor against the client become immediately due and payable. 2. From the moment of default, as referred to in paragraph 1, the Client owes interest of 1.5% per month on the amount due. 3. The contractor is entitled to invoice work and/or deliveries in parts. 4. If the client fails to pay an instalment, the contractor is entitled, without prejudice to his other rights, to suspend the work until the client has fulfilled all his due obligations. 5. In the event that the Natural Persons Debt Rescheduling Act becomes applicable to the client or in the event of bankruptcy of the client, death of the client and/or if the client has encountered payment difficulties, the client's obligations are immediately due and payable. Each payment always serves to settle firstly all interest and costs owed and secondly the oldest outstanding invoices, regardless of whether the client states when making the payment that it relates to a later invoice. Article 10 - Security 1. The contractor is entitled to require security from the client for the fulfillment of its payment obligations. 2. If the client refuses to provide security or fails to provide security, the contractor has the right to suspend its work or to terminate the agreement and claim damages. Article 11 - Termination of the agreement 1. The client is entitled to terminate the agreement in whole or in part at any time. 2. In the event of cancellation by the client, he will have to pay the price applicable for the entire work, minus the savings resulting from the cancellation for the contractor, upon delivery by the contractor of the work already completed. If the price was made dependent on the actual costs to be incurred by the contractor, the price owed by the client will be calculated on the basis of the costs incurred, the work performed and the profit that the contractor would have made on the entire work. The profit is set at 15%. 3. If the execution of the work becomes impossible due to a cause that cannot be attributed to the contractor and is not within its sphere of risk, the contractor is entitled to terminate the agreement and charge the client for the costs incurred. Article 12 - Ownership and copyright 1. All originals of drawings, sketches, specifications, budgets, estimates, reports and other documents that the contractor has produced in the performance of the agreement remain his property, regardless of whether they are made available to the client or to third parties. have been made available. 2. The contractor, to the exclusion of any other person, has the right to realize, publish and reproduce his designs, sketches, photographs and all other images of his design referred to in the Copyright Act or in the Benelux Act, regarding drawings and models, regardless of whether these have been made available to the client or to third parties. 3. The client is not permitted to repeat the execution of a design, or part thereof, by the contractor without the express permission of the contractor. Article 13 - Retention of title 1. Until full payment of all claims arising from the agreement, including interest and costs, goods delivered by the contractor remain the exclusive property of the contractor. 2. Until full payment has been made, the client is not entitled to pledge or dispose of the goods to third parties. This prohibition on pledging or alienation has effect under property law. If third parties wish to establish any rights to the delivered goods, the client is obliged to inform the contractor as soon as possible. The client is obliged to keep and/or make the goods subject to retention of title for the contractor identifiable and to separate them from each other and from the other goods at the client's premises. Article 14 - Applicable law and choice of forum 1. Dutch law applies to all agreements between the contractor and the client and the Dutch court has jurisdiction.