H.V.O. Terms and Conditions
1.1 These Terms and Conditions apply to all offers and agreements of H.V.O. (Heemsteeds Vochtwerksbedrijf Okx), which among others, operates under the names: Provocht.nl, Lastvanvocht.nl and Vochtproblemen.com
1.2 Terms differing from these terms and conditions apply only if they are in consultation with H.V.O. and have been agreed to in writing.
1.3 H.V.O. Is entitled to change these terms unilaterally upon written notice; The other party is deemed to have accepted the change of terms if it is not responded to, in writing within four weeks of notification.
1.4 purchase conditions and others applied by the other party of H.V.O. do not apply.
2.1 All offers made by H.V.O. are free of obligation.
2.2 H.V.O. Is not bound to any description of the work as described in the quotation.
2.3 The written offer includes:
The place of work;
1 A description of the work;
2 According to drawings, technical descriptions, designs and calculations the work will be carried out;
3 The time of commencement of work;
4 The term within which the work will be delivered;
5 The cost of the work described in the offer, the turnover tax therein; H.V.O. Quotes separately the amount of sales tax due;
6 Or payment of the contractual amount will be made in installments;
7 Or at work a risk factor will be applicable, and if so which;
8 Or with stolen costs, and if so with which:
9 Or quantities will be settable, and if so which;
10 The applicability of these terms and conditions to the tender and the resulting contract of purchase.
2.4 The term in which the work will be delivered is determined by either a certain day or a number of workable working days.
2.5 drawings, technical descriptions, designs and calculations, by H.V.O. Or manufactured in his order, remain owned by H.V.O .; They may not be disclosed or displayed to third parties for the purpose of obtaining a comparable offer. Nor may they be copied or otherwise multiplied; If no assignment is made, these documents must be sent within 14 days after the appointment by H.V.O. Made request to be returned to him.
2.6 A quotation request from H.V.O. Is free of charge unless otherwise by H.V.O. determined. If the offer is not accepted, it is entitled to charge the costs incurred in completing the offer to the person on whose request he made the offer.
3.1 any agreement is made by explicit written acceptance by H.V.O.
3.2 The agreement can only be amended in writing by the client.
3.3 H.V.O. Is entitled to carry out any changes during the performance of the work, the necessity of which is shown in the execution.
3.4 subject to written confirmation by H.V.O. Is H.V.O. Not bound to verbal commitments by its employees.
3.5 The client is against H.V.O. Unconditional for the client to be entitled to all the commitments entered into in the contract by virtue of ownership or expressly granted permission.
Obligations of the client
4.1 The client ensures that H.V.O. is able to timely have access to:
The data and approvals required (eg permits, exemptions and decisions) for the design of work, if necessary in consultation with H.V.O .;
About the building, the site or the water in which or where the work is to be carried out;
Have sufficient opportunity for supply, storage and / or disposal of building materials and tools;
About connection possibilities for electrical machines, lighting, heating, gas and water.
4.2 The required electricity, gas and water are at the expense of the client.
4.3 The Client must ensure that work and / or deliveries by others that are not carried out by H.V.O. Should be carried out in such timely manner that the performance of the work is not delayed.
Liability of the principal
5.1 The client is responsible for the structures and processes prescribed by or on his behalf, including the influence that is exercised by the soil condition and the orders and instructions given by him, or on his behalf.
5.2 In the event that defects have been caused by building materials or tools which the commissioner has made available to him or her, the client is liable for the damage caused.
5.3 The consequences of compliance with statutory regulations or decisions taken by the government following the date of the bid shall be borne by the client unless it is reasonable to assume that H.V.O. could and should have been able to anticipate them on the day the offer was made.
5.4 The client is liable for damage to work as a result of work or deliveries performed by him or his assigned third parties.
5.5 If after the conclusion of the agreement it has been found that the site is contaminated or the building materials are contaminated, the client is liable for the resulting consequences for the performance of the work.
Term of delivery
6.1 If the term in which the work is to be delivered is expressed in working days, it is understood to be a working day on a working day, unless it is recognized at a general or at the workplace or by the government or under or under collective labor agreement prescribed rest or holiday, holiday or other non-individual day off.
6.2 working days, and half working days, respectively, are considered unworkable, when not deemed so by H.V.O. Conditions must facilitate work for at least five hours, and at least two hours, by the majority of workers or machines.
6.3 If the completion of the work should take place on a day that is not a working day as described in the first paragraph, the next working day shall be the agreed date of delivery.
6.4 H.V.O. Has the right to extend the term within which the work will be delivered if by force majeure, due to the circumstances of the client, or by change in the agreement or in the terms of execution. When this does not apply, H.V.O. can be expected to deliver the agreed upon work within the agreed deadline.
7.1 The client may, until the last day of the work, requests H.V.O. to work together to take up work. If the client does not request this, this joint inclusion will not take place.
7.2 The inclusion shall take place as soon as possible but not later than eight days after the duration mentioned above. The inclusion takes place by the client in the presence of H.V.O. and aims to establish whether H.V.O. Has fulfilled its obligations under the agreement.
7.3 If the notice is not taken within eight days after the date referred to in 9.1, the work shall be deemed to have been approved on the eighth day.
7.4 After the work has been recorded, the client will be notified to H.V.O. Notified eight days in writing whether the work has been approved or not, in the first case, with the possible minor defects referred to in 7.8, in the latter case, indicating the defects which are the reason for the withdrawal of approval .
7.5 If the work is approved, then the date of approval shall be the date on which the relevant notice to H.V.O. is sent.
7.6 The work is deemed to have been approved on the eighth day after the inclusion, if no written notice of the inclusion of the work is provided.
7.7 the work is deemed to have been approved if and in so far as it is taken into service; The date of commissioning of the work or a part thereof is the date of approval of the work or of the relevant part.
7.8 minor defects, which can be repaired smoothly during the maintenance period, shall not be grounds for withdrawal, provided they do not prevent any commissioning.
7.9 with respect to a readmission after withdrawal of approval, the above provisions will apply mutatis mutandis.
Delivery and maintenance period
8.1 The work is considered as completed as soon as the work has been completed by H.V.O.
8.2 H.V.O. Is obliged to restore the shortcomings referred to in 7.8 as soon as possible.
8.3 The maintenance period expires after 30 days and commences immediately after the day on which the work is deemed to be delivered in accordance with 8.1.
8.4 H.V.O. Is obliged to repair defects which occur in the maintenance term as soon as possible, except for those for which the principal is responsible or liable.
Liability after delivery
9.1 after the expiration of the specified warranty period, H.V.O. will no longer be liable for shortcomings at work.
9.2 if H.V.O. For any act or omission is liable, that liability shall be limited to an amount not exceeding half of the total amount of the contract.
9.3 Any liability for indirect damage arising from the work of which consequential loss suffered by the client or third parties, depending on the nature of the debt, is hereby excluded.
9.4 The given warranty applies only to the work performed by HVO. With the exception, however, of those for which the principal is responsible or liable. H.V.O. Assumes no liability for the relocation of the problem to which the assignment relates.
Suspension by the client and termination of work in unfinished state by H.V.O.
10.1 The client is authorized to suspend the execution of the work in whole or in part; Amenities, which are to be carried by H.V.O. due to the suspension must be calculated as additional work.
10.2 Any damages suffered by H.V.O. due to the suspension, must be reimbursed.
10.3 If damage occurs during the suspension, it will not be charged by H.V.O.
10.4 If the suspension lasts longer than 14 days, H.V.O. In addition, claims that a proportionate payment is made for the executed part of the work; Taking into account work, and not yet processed, yet paid building materials.
10.5 If the suspension of work lasts longer than thirty days, H.V.O. is Authorized to terminate work in unfinished state; In that case, H.V.O. Entitlement to the contract, plus the costs which he has incurred as a result of the non-completion, minus the costs saved by him, must be settled in accordance with the following paragraph.
More and less work
11.1 settlement of more and less work takes place:
1. In case of changes to the agreement or the terms of execution;
2. In the event of deviations from the amount of the stools;
3. In the event of deviations from settable amounts;
4. In the cases referred to in 10.1 and 13.
11.2 If at the end of the work it appears that the total amount of the lesser work exceeds the total amount of the work, H.V.O. is entitled to an amount equal to 10% of the difference of those totals.
11.3 Changes to the agreement or the terms of performance will be agreed to in writing; the lack of a written assignment leaves the claims of H.V.O. and from the client on account of more and less work.
11.4 Postage costs are stated in the contract, which are included in the contractual amount and which are intended for either – purchase of building materials, either
The purchase of materials and the processing thereof, either;
1.The performance of activities which have not been accurately defined on the day of the contract and which must be completed by the client;
2.With respect to each postage, the contract relates to which it relates.
11.5 The expenses to be borne by postage are counted with the H.V.O. calculated prices and the costs incurred by him, with a contractor’s fee of 10%.
11.6 If a stall exclusively relates to the purchase of building materials, the cost of processing it is not included in the purchase price and is separately deducted.
11.7 If a provisional sum relates to the purchase of materials and the processing thereof, the cost of processing is not included in the purchase price and are separately deducted from the sum.
11.8 If the amounts are included in the agreement, and these quantities appear to be too high or too low to make the work, the more or less costs resulting from that deviation will be offset.
12 Final settlement
12.1 within a reasonable time after delivery, H.V.O. will initiate the final settlement.
2 The final statement provides a complete overview of all the parties owed and left in terms of the agreement. The final settlement includes the following:
The purchase price;
A specification of the lake and less work;
A specification of all the other parties claimed and claimed by the agreement.
12.3 the amount of the final settlement is formed by deducting the balance resulting from the overview referred to in the previous paragraph, which has already been paid; The calculation of the order by H.V.O. Sales tax to be repaid separately.
13.1 Payment must be made on behalf of H.V.O. in a specified manner within fourteen days after the invoice date.
13.2 This term may only be waived by way of written agreement.
13.3 In the absence of payment within the stipulated term, the other party is in default without further notice.
13.4 After payment of the payment period, the other party will owe two percent (2%) interest per month on the outstanding amount.
13.5. After the expiration of the payment period, H.V.O. Without further notice (written notice) or the right to take extrajudicial collection measures. H.V.O. Is entitled to recover the costs incurred by those measures on the other party; The extrajudicial costs are set at fifteen percent (15%) of the due unless these costs are higher.
13.6 H.V.O. has the right to, after the due date of payment has passed, take legal action; H.V.O. Is entitled to recover the costs involved with those measures in full, thus in derogation from any flat-rate litigation fee scheme, to the customer.
13.7 Payments always consist, in the first place, of payment of any interest and costs due and, secondly, of payable invoices which are open the longest, even if the other party states that the payment relates to a subsequent invoice.
13.8 as long as the client has not fully fulfilled all his obligations towards H.V.O., the materials used or other materials used, with the exception of property not owned, remain owned by H.V.O.
14.1 In the event of any failure to comply with any obligation which the client may require against H.V.O. Has, without further notice or notice of default, waived an immediately payable non-legally enforceable fine equal to twenty percent (20%) of the monetary value of the obligation.
15.1 If during the performance of the work it appears that the work or a part thereof can only be carried out by unforeseen circumstances, the party first known with this circumstance will be informed in consultation with the other party.
15.2 H.V.O. The client indicates the financial consequences.
15.3 An agreed modified version is calculated as more and less work.
Impossibility of execution
16.1 if the completion of the work is rendered impossible because the matter on which or to which the work is to be carried out will be lost, or is lost without giving it to H.V.O. and can be attributed, it is entitled to a proportionate share of the agreed price on the basis of the work done and costs incurred.
16.2 In case of commission or gross negligence of the client, H.V.O. is entitled to an amount calculated in accordance with 10.5.
Disputes and forum choice
17.1 Disputes, including those deemed as such by one of the parties arising from the agreements to which these terms apply, may be made at the option of H.V.O. and can be submitted to the court in Haarlem.