Terms and Conditions

Article 1: General
1. Veerkade Vastgoed B.V. strives to be accessible 24 hours, seven days a week. Veerkade Vastgoed B.V. is not liable or responsible if a situation occurs where Veerkade Vastgoed B.V. is unreachable.
2. Veerkade Vastgoed B.V. provides you with information at all times. Information means that we inform the principal of the information known to Veerkade Vastgoed B.V.
3. The subcontractor/executor, hereinafter referred to as a partner, of Veerkade Vastgoed B.V. will be held liable or responsible by Veerkade Vastgoed B.V. after the work has not been carried out appropriately. Veerkade Vastgoed B.V. serves as the point of contact for the customer and partner during and after the entire project. Veerkade Vastgoed B.V. is not liable or responsible for the work carried out by the partner.
4. Veerkade Vastgoed B.V. decides, in consultation with the customer, whether or not the work carried out is appropriate.

Article 2: Offers
1. Veerkade Vastgoed B.V. is of the opinion that the customer always receives a free work survey. An investigation and determination of the problem to be solved does not fall under a work survey. The taking of the correct measurements necessary for the preparation of a quotation is not covered by a work survey either.
2. Veerkade Vastgoed B.V. does not charge call-out fees. Parking costs are not covered by call-out charges and must be paid by the customer.
3. In the event of emergencies, Veerkade Vastgoed B.V. will endeavour to have an employee with the customer within two hours, and will do its utmost to achieve this. Veerkade Vastgoed B.V. cannot be held liable if this agreement cannot be met due to force majeure.
4. Veerkade Vastgoed B.V. is not liable or responsible for any differences in interpretation and/or conflicts between Veerkade Vastgoed B.V., a partner and a Veerkade Vastgoed B.V. client.
5. If the acceptance of the quotation differs from the offer included in the quotation, Veerkade Vastgoed B.V. is not bound to it. The agreement then corresponds to the offer, with the exception of the deviations in the offer.
6. Veerkade Vastgoed B.V.’s offers are at all times drawn up with the prices of the materials valid on the day of drawing up. Due to fluctuating prices of materials, Veerkade Vastgoed B.V. is not responsible or liable for price differences in the final invoice and this difference must be paid by the customer.
7. If Veerkade Vastgoed B.V. agrees on a certain price when concluding the contract, Veerkade Vastgoed B.V. is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally quoted with reservation: Situation 1: If price increase is the result of change in the agreement; Situation 2: If price increase results from an adjustment in the law.

Article 3: (Execution) Agreement
1. Veerkade Vastgoed B.V. is entitled to have work carried out by third parties.
2. The agreement can be entered into for work on a contract basis or on a time-and-expense basis (hours x rate).
3. The agreement may be entered into for work on a contract basis or on a time-and-expense basis (hours x rate).
4. If, during the execution of the agreement, it appears that it is necessary to amend or supplement the agreement, the parties shall amend the agreement in good time and in consultation. Hereby no distinction is made in written or oral consultation. This may increase or decrease the agreed amount according to the agreement. Due to the change of the agreement, the original specified period of execution (if agreed) may be changed. In agreeing to the offer, the client also agrees to the possibility of changing the agreement, including the change in price and term of execution.
5. Orders from the client leading to additional work shall take place by mutual agreement. This can be done in writing or orally. All work not included in the quotation will be carried out at an additional cost.
6. If/when Veerkade Vastgoed B.V., during the execution of the agreement, is confronted with unforeseen cost-increasing factors, Veerkade Vastgoed B.V. is entitled, after warning or in mutual consultation with the customer, to pass the cost-increasing factors on to the customer.
7. If the agreed delivery period is exceeded, the principal must give Veerkade Vastgoed B.V. written notice of default. Veerkade Vastgoed B.V. must be offered the opportunity by the customer to still carry out the agreement within a reasonable period.
8. If the start or progress of the work is hindered by varying factors, for which the principal is responsible, the damage and costs arising from this for Veerkade Vastgoed B.V. must be compensated by the principal.

Article 4: Obligations Veerkade Vastgoed B.V.
1. Veerkade Vastgoed B.V. is obliged to carry out the assigned work according to the terms of the (amended) agreement.
2. Veerkade Vastgoed B.V. accepts the agreement subject to the proviso that the permits, exemptions and allocations required in relation to the assignment are granted to the customer in a timely manner (that is, before Veerkade Vastgoed B.V. is to commence the assignment).
3. Veerkade Vastgoed B.V. undertakes to point out to the customer demonstrable deficiencies in constructions and working methods prescribed by or on behalf of the customer, and in orders or instructions given by or on behalf of the customer, as well as demonstrable deficiencies in building materials or resources made available or prescribed by the customer, insofar as Veerkade Vastgoed B.V. knew or reasonably should have known about them.

Article 5: Obligations of the principal
1. Unless agreed otherwise, the principal must ensure that Veerkade Vastgoed B.V. has the following in good time, before commencement of the work: 1. Sufficient opportunity for the supply, storage and/or removal of building materials and tools; 4. Sufficient connection facilities for, among other things, electrical tools, and drainage points for gas and water; 5. All information concerning the location of cables, pipes and tubes in, on, at or under the building site or building plot.
2. If the client has reserved the delivery of certain building materials and/or the execution of certain work to himself, the client is responsible and liable for the late delivery and/or execution thereof. Any costs incurred by Veerkade Vastgoed B.V. as a result will in this case be passed on to the customer.
3. Provided that a delay occurs at the start or in the progress of the agreed order due to the responsibility of the customer, the customer is liable for the resulting damage and must grant a postponement for the delivery of the agreed work for a period that is at least equal to the duration of the resulting delay.

Article 6: Completion
1. Veerkade Vastgoed B.V. invites the customer to inspect the executed work. The inspection takes place by the customer in the presence of Veerkade Vastgoed B.V., and has the purpose of ascertaining whether Veerkade Vastgoed B.V. has complied with its obligations under the contract or order. The inspection must take place as soon as possible, but no later than within 8 days of Veerkade Vastgoed B.V.’s invitation
2. In consultation with Veerkade Vastgoed B.V., the customer must indicate during this inspection which work, if any, has not yet been carried out satisfactorily. After inspection, the customer must inform Veerkade Vastgoed B.V. in writing whether or not the work has been approved, stating the defects that are the reason for withholding approval. If the work is approved, the day of approval and delivery will be the day on which the relevant notification was sent to Veerkade Vastgoed B.V.
3. If no written notification is sent to Veerkade Vastgoed B.V. within 8 days of the customer’s inspection whether or not the work has been approved, the work will be deemed to have been approved on the 8th day after inspection.
4. Veerkade Vastgoed B.V. is obliged to repair minor defects as soon as possible after they have been discovered during inspection.
5. Minor defects may not be grounds for withholding approval by the client, provided the defects do not prevent any commissioning.
6. The work shall be deemed approved if and insofar as it is put into use. The day on which the work or part of it is put into use shall be considered the day of approval of the work.

Article 7: Suspension, dissolution and premature termination of the agreement
1. Veerkade Vastgoed B.V. is authorized to suspend the fulfilment of the obligations or to dissolve the agreement with immediate effect, if: 1. The customer, even after having been reminded to do so (in writing or orally), does not comply, does not comply in full or does not comply on time with the obligations under the agreement;
2. After the agreement was concluded, Veerkade Vastgoed B.V. became aware of circumstances which gave good reason to expect that the customer would not fulfil his obligations;
3. At the conclusion of the agreement the client was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient;
4. If, due to delay on the part of the principal, Veerkade Vastgoed B.V. can no longer be required to fulfill the agreement against the originally agreed conditions;
5. If circumstances arise that are of such a nature that fulfillment of the agreement is impossible or that Veerkade Vastgoed B.V. cannot reasonably be required to maintain the agreement unchanged.
2. If the occurrence of the dissolution of the agreement can be attributed to the customer, Veerkade Vastgoed B.V. is entitled to compensation for the damage, including the costs, that arise directly or indirectly as a result.
3. On condition that the agreement is dissolved, Veerkade Vastgoed B.V.’s claims on the principal are immediately due and payable.
4. If Veerkade Vastgoed B.V. proceeds to suspension or dissolution on the basis of this article, Veerkade Vastgoed B.V. is not obliged to compensate the customer for any damage and costs that this may have caused.
5. In the event of liquidation, (application for) suspension of payment, bankruptcy or seizure at the expense of the principal, Veerkade Vastgoed B.V. is free to terminate or cancel the agreement immediately and with immediate effect, without any obligation on the part of Veerkade Vastgoed B.V. In this case, Veerkade Vastgoed B.V.’s claims against the principal become immediately due and payable.
6. If the client cancels or partially cancels a placed order, the client will be charged for the costs incurred.

Article 8: Force Majeure
1. In addition to what is understood in law and jurisprudence, force majeure refers to all external matters, foreseen or unforeseen, over which Veerkade Vastgoed B.V. has no influence, or as a result of which Veerkade Vastgoed B.V. is unable to fulfil its obligations. Veerkade Vastgoed B.V. is also entitled to invoke force majeure if the circumstance preventing further fulfillment of the agreement occurs after Veerkade Vastgoed B.V. should have fulfilled its commitment.
2. Veerkade Vastgoed B.V. may suspend the obligations under the agreement for the period that the force majeure occurs.
3. In the event that Veerkade Vastgoed B.V. has fulfilled part of its obligations under the agreement when the force majeure occurs, Veerkade Vastgoed B.V. is entitled to invoice the obligation already fulfilled separately. The customer is obliged to pay this invoice as if it were a separate agreement.
4. Veerkade Vastgoed B.V. cannot be held to compensate any damage as a direct or indirect result of force majeure.

Article 9: Payment and collection costs
1. Payment must be made within 14 days of the invoice date, in a way indicated by Veerkade Vastgoed B.V. and in the currency invoiced, unless Veerkade Vastgoed B.V. specifies otherwise in writing. Veerkade Vastgoed B.V. is entitled to invoice periodically. 2. In the event that the customer does not pay on time, Veerkade Vastgoed B.V. is entitled to charge the costs due, provided Veerkade Vastgoed B.V. has reminded the customer in writing to pay within 7 days and this payment has not been made.
3. If the customer fails to pay an instalment on time, Veerkade Vastgoed B.V. is entitled to halt work until the due instalment has been paid, provided that Veerkade Vastgoed B.V. has reminded the customer in writing to still pay within 7 days and that payment has not been made.
4. While the work is stopped on the grounds of the previous paragraph, damage to the work will not be at Veerkade Vastgoed B.V.’s expense.
5. If the client fails to pay the invoice on time, the client shall be in default by operation of law. The client shall owe interest thereon at the statutory commercial interest rate. The interest on the amount due will be calculated from the date of expiry of the payment term until the moment of payment of the full amount due.
6. In the event that the client is in default of its obligation to pay the invoice, all reasonable costs incurred to obtain payment of the invoice shall be borne by the client. Any judicial and execution costs incurred will also be recovered from the client. The client (for non-consumers) shall also owe interest on the collection costs due. The client (for consumers) is referred to the Extrajudicial Collection Costs Act for the collection costs due.

Article 10: Guarantee, investigation and complaints
1. Veerkade Vastgoed B.V. delivers goods that meet the usual requirements and standards associated with them. At the time of delivery, and for which they are intended under normal use in the Netherlands.
2. The guarantee mentioned in this article will be valid for at least the agreed guarantee period or, in the absence of this, the guarantee period customary in the industry. If the guarantee provided by Veerkade Vastgoed B.V. concerns a good produced by a third party, the guarantee is limited to that provided by the producer of the good. Veerkade Vastgoed B.V. will ensure that guarantees provided by third parties are in accordance with what is customary in the industry. When the guarantee period expires, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the customer.
3. All forms of guarantee expire if a defect has arisen as a consequence of or arising from injudicious or improper use, or improper storage or maintenance by the principal and/or third parties when, without Veerkade Vastgoed B.V.’s consent, the principal or third parties have made changes to the matter or have tried to make changes to it, or if other matters were attached to it that should not have been attached to it, or if these were processed or modified in a way other than as prescribed. Nor is the customer entitled to any warranty if the defect originated due to or as a result of special circumstances beyond Veerkade Vastgoed B.V.’s control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.
4. The principal is obliged to examine the delivered goods, or have them examined, immediately at the moment that the goods are made available to him, or at the moment that the work in question is carried out. The principal shall examine whether the quality and/or quantity of the goods delivered corresponds to what has been agreed and meets the requirements that the parties have agreed in this respect. Any defects must be reported in writing to Veerkade Vastgoed B.V. within 2 months of discovery. The report must contain as detailed a description of the defect as possible, so that Veerkade Vastgoed B.V. is able to respond adequately. The principal must give Veerkade Vastgoed B.V. the opportunity to investigate a complaint (or have one investigated).
5. If the principal complains in time, this will not suspend his payment obligation. The customer will in that case also remain bound to accept and pay for the other goods ordered, unless they have no independent value.
6. In the event that a defect is reported later, the client is no longer entitled to repair, replacement or compensation, unless a longer period ensues from the nature of the matter or the other circumstances of the case, with a maximum period of 5 years after completion of the work or receipt of the delivered goods.
7. Provided it has been established that a good is faulty and a complaint has been made in a timely manner, Veerkade Vastgoed B.V. will, at Veerkade Vastgoed B.V.’s discretion, replace the faulty good within a reasonable period of time after the return of the goods, or, if return is not reasonably possible, written notification of the fault by the customer, or take care of the repair or pay the replacement fee to the customer. In the case of replacement, the customer must return any replaced goods to Veerkade Vastgoed B.V. and transfer ownership of them to Veerkade Vastgoed B.V., unless Veerkade Vastgoed B.V. indicates otherwise.
8. If it is established that a customer is unfounded, then the costs arising from this, including the research costs, incurred on the part of Veerkade Vastgoed B.V., will be borne entirely by the customer.

9. Article 11: Liability
1. Veerkade Vastgoed B.V.’s liability is only limited to what is regulated in this provision.
2. Veerkade Vastgoed B.V. is not liable for damage, of whatever nature, caused by Veerkade Vastgoed B.V.’s reliance on incorrect and/or incomplete information provided by or on behalf of the customer.
3. In addition, Veerkade Vastgoed B.V. is not liable for work performed by subcontractors prescribed or determined by the customer, nor is Veerkade Vastgoed B.V. liable for suppliers and products prescribed or determined by the customer.
4. The type of damage for which Veerkade Vastgoed B.V. is exclusively liable is direct damage. Direct damage is understood to mean exclusively:
1. The reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage in the sense of these Terms and Conditions;
2. Any reasonable costs incurred to make Veerkade Vastgoed B.V.’s faulty performance conform to the agreement, insofar as these can be attributed to Veerkade Vastgoed B.V.;
3. Reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
5. Veerkade Vastgoed B.V. is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business or other stagnation.
6. In the event of any damage, Veerkade Vastgoed B.V.’s liability is limited to a maximum of three times the invoice value of the order, or at least to that part of the order to which the liability relates.
7. In any case, Veerkade Vastgoed B.V.’s liability will always be limited to the amount paid out by its insurer in the relevant case.
8. The limitations of liability included in this case do not apply if the damage is due to intent or gross negligence on the part of Veerkade Vastgoed B.V.
9. After the maintenance period (30 days after delivery) has expired, Veerkade Vastgoed B.V. is no longer liable for shortcomings to the work, unless the work or any part of it contains a flaw, through the fault of Veerkade Vastgoed B.V., its supplier, its subcontractor or its personnel, that could not reasonably have been recognized by the customer earlier, and Veerkade Vastgoed B.V. has been informed of that flaw within a reasonable term after its discovery.

Article 12: Period of limitation
1. In divergence from the legal period of limitation, the period of limitation for all claims and defenses against Veerkade Vastgoed B.V. and the third parties involved by Veerkade Vastgoed B.V. in the execution of an agreement is one year.
2. The above statement does not apply to legal claims and defenses based on facts that would justify the assertion that the delivered goods do not comply with the agreement. Such claims and defenses expire two years after the principal has informed Veerkade Vastgoed B.V. of such non-conformity.

Article 13: Transfer of risk
1. The risk of loss, damage or decrease in value shall pass to the client at the time when items are brought under the client’s control.

Article 14: Indemnification
1. The principal indemnifies Veerkade Vastgoed B.V. against any claims by third parties, who suffer damage in connection with the execution of the agreement and for which the cause is not accountable to Veerkade Vastgoed B.V.
2. Provided that Veerkade Vastgoed B.V. can be held accountable by third parties, the principal is bound to assist Veerkade Vastgoed B.V. both extra-judicially and judicially, and immediately to do what can be expected of him in that case. Should the principal fail to take adequate measures, Veerkade Vastgoed B.V. is entitled, without proof of default, to take such measures himself. All resulting costs and damage on the part of Veerkade Vastgoed B.V. and third parties will be entirely at the expense and risk of the customer.

Article 15: Applicable law and disputes
1. Dutch law applies exclusively to legal relationships to which Veerkade Vastgoed B.V. is a party, even if an obligation is fully or partially carried out abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
2. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement. If not otherwise determined by mandatory law, the judge of Veerkade Vastgoed B.V.’s place of business is designated to take cognizance of such a dispute.