General Terms and Conditions

Article 1: Definitions

In these general terms and conditions, the following terms shall have the following meanings unless explicitly stated otherwise:

• Contractor: De Noodoplossing, hereinafter referred to as the user of these terms and conditions.
• Client: A business or consumer for whom De Noodoplossing performs services.

A business may be a natural or legal person conducting a trade or profession who enters into an agreement with the Contractor in that context. A consumer may be a natural or legal person who engages the Contractor for services within a private context, i.e., not related to a business or profession.

Agreement means the mutual arrangement between Client and Contractor regarding the execution of emergency repairs on roofs, sewers, drains, central heating systems, pipes, and the repair of leaks, including the agreed conditions.

Article 2: General

These terms apply to every offer, quotation, and agreement between Contractor and Client, unless explicitly and in writing agreed otherwise by both parties. They also apply to all agreements requiring third-party involvement. Deviations are only valid if agreed upon in writing. Any purchase or other conditions from the Client are explicitly rejected.

If any provision of these terms is invalid or nullified, the remaining provisions remain fully applicable. Parties shall then replace the invalid provision with one that closely matches the original intent. A Client in an ongoing agreement is deemed to have accepted the applicability of these conditions for future agreements.

Article 3: Offers and Quotations

All offers are non-binding unless a specific acceptance period is mentioned. Quotations are valid for 1 hour unless otherwise indicated. Prices are exclusive of VAT and additional costs for businesses, and inclusive of VAT but exclusive of other levies and costs for consumers unless otherwise stated.

If acceptance differs (even slightly) from the offer, the Contractor is not bound unless explicitly accepted. Composite quotations do not oblige partial delivery at a corresponding part of the price. Offers do not automatically apply to future assignments.

Article 4: Execution of the Agreement

The Contractor shall perform the work to the best of their ability and standards of good workmanship. The Contractor may involve third parties if necessary. The Client must provide all required information in time. Failure to do so may lead to suspension and additional costs. The Contractor is not liable for damages due to incorrect or incomplete information from the Client. For phased agreements, work will proceed only after prior phase approval. The Client indemnifies the Contractor against third-party claims related to the agreement.

Article 5: Changes to the Agreement

If necessary, the agreement may be modified in mutual consultation. The Contractor will inform the Client of any financial or qualitative consequences. Any additional costs will be communicated unless caused by the Contractor.

Article 6: Confidentiality

Both parties shall keep all confidential information private. If legally required, the Contractor may share information with authorities without liability for damages or termination rights for the Client.

Article 7: Intellectual Property

The Contractor retains rights under copyright and other intellectual property laws. The Contractor may use knowledge gained during the agreement for other purposes, provided no confidential information is disclosed.

Article 8: Payment and Collection

Payments must be made within 14 days unless otherwise agreed. If the Client fails to pay on time, 1% interest per month applies, or the statutory rate if higher. Payments will first cover costs, then interest, then principal. Offsetting is not permitted. Disputes do not suspend the payment obligation. If in default, all reasonable collection costs are for the Client, calculated per Dutch collection standards. €40 per contact may be charged for non-payment unless otherwise agreed.

Article 9: Complaints

Complaints must be submitted in writing within 14 days of discovery, but no later than 30 days after completion. If justified, the Contractor will rectify the work unless proven useless. If rectification is not possible, liability is limited as per Article 11.

Article 10: Disputes

The court in the location of the Contractor has exclusive jurisdiction unless otherwise required by law. The Contractor may still choose another competent court.

Article 11: Liability

The Contractor’s liability is limited to the invoice value of the relevant order or the amount paid by the insurer. Only direct damages are covered. Direct damages include costs for determining cause and extent, remedying performance, and limiting damage. The Contractor is not liable for indirect damages, including loss of profit, data, or interruptions unless due to gross negligence or intent.

Article 12: Indemnities

The Client indemnifies the Contractor against third-party claims related to execution not attributable to the Contractor. The Client must assist the Contractor if such claims arise. Failure to do so allows the Contractor to act independently and charge all related costs to the Client.

Article 13: Intellectual Property and Copyrights

The Contractor retains all rights under intellectual property law. The Contractor may use knowledge gained for other purposes as long as no confidential Client information is shared.

Article 14: Governing Law and Jurisdiction

All legal relationships involving the Contractor are governed by Dutch law. The court in the Contractor’s place of business has exclusive jurisdiction unless mandatory law dictates otherwise. The Contractor may choose another competent court.

Article 15: Location and Amendments

These terms are filed with the Dutch Chamber of Commerce. The latest version applies, or the version valid at the time of the agreement. The Dutch version of these terms is always decisive for interpretation.