General terms and conditions Bömers en Leenen V.O.F.

Article 1 - Definitions

1. Contractor: bomers-leenen.nl, registered with the Chamber of Commerce under number 74022466.
2. Client: the other party of bomers-leenen.nl.
3. Agreement: the agreement between Client and Contractor.
4. Terms and conditions: the general terms and conditions of bomers-leenen.nl. In writing or “by e-mail”.

Article 2 - Scope

1. The Agreement is formed by the Terms, together with the signed offer and/or order confirmation.
2. These general terms and conditions apply to every offer, invoice and agreement, as well as its execution, between bomers-leenen.nl and Client, unless bomers-leenen.nl explicitly deviates from this in writing.
3. If one or more provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions remain fully applicable. If a provision is declared null and void, a connection will be sought with a provision that is valid and that achieves the same or almost the same.

Article 3 - Offers

1. The offers made by bomers-leenen.nl are non-binding and can only be accepted without deviations. The period for acceptance by the Client is 30 days after the date of the offer.
2. The rates and prices used by bomers-leenen.nl on the invoice are specified both including and excluding VAT.
3. A composite offer and/or offer does not oblige bomers-leenen.nl to perform part of the work specified in the offer at a corresponding part of the specified price.
4. The offer states the price of materials and the method of pricing: contracting, target price or direction.

• Contracting: When contracting, the parties agree on a fixed amount (contract price) for which the work will be carried out, subject to additional work.
• Target price: bomers-leenen.nl estimates the costs of the work as accurately as possible.
• Director: bomers-leenen.nl provides the most accurate possible overview of the hourly rate and unit prices of the required materials.

1. Prices requested by phone are approximate prices.
2. Offers and offers do not automatically apply to future orders.

Article 4 - Agreement

1. The agreement is concluded from the day bomers-leenen.nl is signed or the day bomers-leenen.nl sends the order confirmation to the Client.

Article 5 - Obligations bomers-leenen.nl

1. bomers-leenen.nl will carry out the work properly and in accordance with the provisions of the agreement. bomers-leenen.nl takes the care of a good Contractor in doing so.
2. bomers-leenen.nl undertakes an obligation to do its best with the Agreement and does not guarantee the results of the assignment, unless explicitly stated otherwise.
3. The work is carried out by bomers-leenen.nl within normal working hours, unless otherwise agreed. Normal working hours mean: between 8:00 a.m. and 4:00 p.m.
4. When carrying out the work, bomers-leenen.nl observes the applicable regulations as they are or will be in force at the time of execution of the work.
5. bomers-leenen.nl is not obliged to use materials or tools provided by the Client.
6. bomers-leenen.nl ensures that the work is carried out by professional (help) persons.

Article 6 - Price increases

1. bomers-leenen.nl is entitled to pass on price increases if the rates and/or wages and/or purchase prices for bomers-leenen.nl have increased significantly between the time of offer and delivery. In the event of a price increase, the Client is entitled to terminate the agreement if the price increase occurs within three months of entering into the agreement. After the end of this period, the client is entitled to terminate the agreement if the increase exceeds 10%.

Article 7 - Client obligations

1. The Client gives bomers-leenen.nl the opportunity to perform the agreed work.
2. The Client ensures that bomers-leenen.nl has timely access to the information necessary for the work, such as drawings.
3. The Client ensures that bomers-leenen.nl can start working on the assignment in accordance with the conditions that have been sent and that the situation in the home is as described in the same terms and conditions.
4. The Client ensures connection options for the energy and water required for work. The costs of electricity, gas and water are borne by the Client.
5. The Client must ensure that work and/or deliveries to be carried out by third parties that are not part of the work of bomers-leenen.nl are carried out in such a way that bomers-leenen.nl is not hindered or delayed. If, nevertheless, a nuisance or delay occurs or is to be expected, the Client must inform bomers-leenen.nl in good time.
6. If the commencement or progress of the work is delayed due to circumstances as referred to in the previous paragraph, the Client must reimburse bomers-leenen.nl for the related damage and costs if these circumstances can be attributed to the Client.
7. The Client bears the risk of damage and/or defects caused by:
8. Inaccuracies in the assigned activities;
   
   

• Inaccuracies in the drawings or models provided by the Client;
• Inaccuracies in the structures and methods required by the Client
• Defects in the (un) movable property on which the work is being carried out;
• Defects in materials or tools provided by the Client.

1. If the Client terminates the Agreement between 28 and 15 days before the start date of the Assignment, the Client owes the Contractor a reasonable fee of 10% of the quote price. This reasonable fee consists of costs incurred by the Contractor.
2. If the Client terminates the Agreement within 14 days before the start date of the Assignment, the Client owes the Contractor a reasonable fee of 20% of the quote price. This reasonable fee consists of costs incurred by the Contractor.

Article 8 - More and less work

1. More or less work as a result of inaccuracies in the (construction) drawings sent by the Client is entirely at the expense and risk of the Client.

Article 9 - Force majeure

1. If bomers-leenen.nl cannot, timely or properly fulfill its obligations under the agreement as a result of a cause that cannot be attributed to it, including but not limited to (threat of): war, the threat of war, civil war, riots, terrorism, strike, (business) occupation, exclusion, fire, environmental and water damage, flooding, government measures, disruptions in the supply of energy and business supplies, incapacity for work of employees, computer network failures, failure or failure timely delivery by suppliers or third parties engaged by bomers-leenen.nl in the execution of the agreement and other events that may lead to stagnation in the regular course of business within a company and that are not reasonably at the expense or risk of bomers-leenen.nl, those obligations are suspended until bomers-leenen.nl is still able to comply in the agreed manner, without bomers-leenen.nl becoming in default with regard to the fulfillment of its obligations and without having to any compensation can be held.
2. If the force majeure situation results in one of the parties suspending its obligations under the agreement, the other party is also released from its obligations for that period.

Article 10 - Delivery

1. The work is completed when bomers-leenen.nl has informed the Client that the work has been completed and the Client has accepted the work;
2. The work is considered completed if and as soon as:

• 5 working days have elapsed after the Client has received a written notice from bomers-leenen.nl that the work has been completed;
• When the Client (re) uses the object on which the work was carried out, provided that by putting part of the work into use, that part is considered completed.

Article 11 - Security

1. bomers-leenen.nl can negotiate security from the Client when concluding the agreement.
2. bomers-leenen.nl can also negotiate security after the conclusion of the agreement if it has good reason to fear that the Client will not fulfil its payment obligation. If and as long as the Client refuses or is unable to provide security in this case, bomers-leenen.nl is entitled to suspend its work unless this would not be justified in the circumstances.

Article 12 - Retention of title

1. All materials supplied by bomers-leenen.nl are and remain the property of bomers-leenen.nl until the Client has fulfilled all obligations under all agreements concluded with bomers-leenen.nl (including earlier and later ones).
2. The Client is not authorized to pledge or encumber the items subject to retention of title in any other way.
3. If third parties seize the goods delivered under retention of title, or wish to establish or assert rights thereto, the Client is obliged to inform bomers-leenen.nl of this without delay.
4. In the event that bomers-leenen.nl wishes to exercise the property rights specified in this and previous articles, the Client already gives unconditional and irrevocable permission to bomers-leenen.nl or third parties appointed by bomers-leenen.nl to enter all those places where bomers-leenen.nl's properties are located and to take back those properties.

Article 13 - Payment

1. Payment must be made within one (1) day after delivery, in a manner to be specified by bomers-leenen.nl in the currency in which the invoice was made, unless otherwise agreed in writing.
2. In the event of bankruptcy or suspension of payment by the Client, the Client's claims are immediately due and payable.
3. If the Client has not paid in time, the Client will be given a reasonable period of 14 days to still pay (read: to comply) by means of a notice of default. After this period, the Client is in default and bomers-leenen.nl will proceed to recover its due agreed price and any additional compensation (s).
4. Bomers-leenen.nl may charge interest on payment that has not been made in time from the expiration of the payment term as referred to in article 13 paragraph 1 to the day of receipt of the invoice amount due. This interest rate is equal to the statutory interest rate.

Article 14 - Intellectual Property Rights

1. All intellectual property rights to all materials, drawings, models and/or designs developed or made available under the agreement are owned exclusively by bomers-leenen.nl or its suppliers.
2. The Client is not allowed to remove or change any mention of copyrights, brands, trade names or other intellectual property rights from the materials.

Article 15 - Warranty

1. bomers-leenen.nl does everything within its power to deliver the work as well as possible. However, it can always happen that, despite this effort, something happens or a defect occurs after delivery. If the cause of this defect falls within the sphere of influence of bomers-leenen.nl, an appropriate solution will be sought together with the Client. Examples of cases that in any case do not fall within the sphere of influence of bomers-leenen.nl can be found in paragraph 4 of this article.
2. Any guarantees expire 2 months after the date of delivery as referred to in article 10.
3. bomers-leenen.nl guarantees that any defects in the work will be remedied free of charge after delivery for a period of 2 months, unless bomers-leenen.nl proves that the defect is not related to the work or the defect was caused by causes that are not at the expense and risk of bomers-leenen.nl. To do this, bomers-leenen.nl uses an app. This app keeps track of existing defects and/or abuses. Client accepts that this app and its content are being used.
4. In any case, the following cases can be regarded as defects that do not fall within the sphere of influence of bomers-leenen.nl:

• Defects in the work as a result of mechanical, chemical or biological external influences.
• Normal wear and tear on the work done.
• Defects due to unevenness or bulges in the wall/surface.
• Discoloration of the delivered goods as a result of the effects of light.
• Other external cause or influence.
• Minor deviations.
• (crack) formation on dilatations and/or plate seams in timber frame elements.

5. Deviations resulting from the materials used by the supplier that are allowed in accordance with the product specifications related to the delivery of these materials are considered minor deviations and are not covered by the warranty as set out in this article.
6. bomers-leenen.nl and the Client can agree in writing that the warranty conditions as stated in these terms of delivery do not apply to a work that has been accepted under the explicit condition that these warranty conditions do not apply to this.

Article 16 - Liability

1. bomers-leenen.nl is not liable for damage of any kind caused by bomers-leenen.nl based on incorrect and/or incomplete information provided by or on behalf of the Client.
2. If bomers-leenen.nl should be liable for any damage, bomers-leenen.nl's liability is limited to a maximum of the invoice amount, at least to that part of the amount to which the liability relates.
3. In any case, bomers-leenen.nl's liability is always limited to the amount paid out by his/her insurer, where appropriate.
4. bomers-leenen.nl is only liable for direct damage.
5. Direct damage only includes the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to make bomers-leenen.nl's defective performance comply with the agreement, insofar as these can be attributed to bomers-leenen.nl and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in these terms and conditions.
6. bomers-leenen.nl is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
7. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of bomers-leenen.nl or its supervisors and subordinates.

Article 17 - Third party indemnification

1. The Client indemnifies bomers-leenen.nl against possible claims from third parties who suffer damage in connection with the execution of the Agreement and whose cause is attributable to other than bomers-leenen.nl.
2. The Client is obliged to assist bomers-leenen.nl both in and out of court if bomers-leenen.nl is sued under paragraph 1 of this article and to do everything that can be expected of her/him in that case without delay. If the Client fails to take adequate measures, bomers-leenen.nl is entitled, without notice of default, to do so himself. All costs and damage caused by bomers-leenen.nl and third parties as a result are entirely at the expense and risk of the Client.

Article 18 - Processing of Personal Data

1. Insofar as personal data of a other party is processed when carrying out work as part of the services provided by bomers-leenen.nl, this personal data will be processed properly and carefully, in accordance with the Data Protection Act and General Data Protection Regulation. bomers-leenen.nl refers for further information to the Privacy statement. 
2. In addition to the previous paragraph 1, bomers-leenen.nl also notes that appropriate technical and organizational measures will be taken to protect the personal data processed by a other party against loss or any other form of unlawful processing, taking into account the current state of the technology and the nature of the processing.

Article 19 - Choice of law and forum

1. All agreements between Client and bomers-leenen.nl are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded. The competent court in the Netherlands has jurisdiction to hear disputes under the agreement and these general terms and conditions.