Guarantee terms

Article 1. Definitions

In these terms the following definitions apply:

Contractor:

Kraft Afbouw, a sole trader business (eenmanszaak) registered in the Trade Register of the Dutch Chamber of Commerce (KvK) under number 80835368.

Client:

the natural person or legal entity that enters into an agreement with the contractor for the performance of work.

Consumer:

the client who is a natural person and is not acting in the course of a profession or business.

Business client:

the client acting in the course of a profession or business.

Work:

all the work agreed between the client and the contractor and the materials supplied by the contractor for it.

Offer:

the contractor's quote or order confirmation, including its attachments.

Handover:

the moment at which the work counts as handed over under article 5.

Defect:

a deviation of the work from what was agreed or from what the client could reasonably expect on the basis of good and sound workmanship.

Substrate:

the existing structure or material on or to which the work is applied.

Wet zone:

the part of a bathroom or shower room that is directly exposed to water in normal use, including in any case the shower area, the walls and floor within the shower area, the bath edge and the penetrations within the shower area.

In writing:

by letter or electronically, including by email or by a text message in a messaging service such as WhatsApp.

Article 2. Scope

1. These guarantee terms apply to all agreements for the performance of work between the contractor and the client, unless expressly agreed otherwise in the offer with due regard to article 3.
2. The contractor makes these guarantee terms available to the client, in writing or electronically, no later than when the offer is made and in any case before the agreement is concluded.
3. These guarantee terms apply alongside the contractor's general terms and conditions. In the event of conflict between the two, these guarantee terms prevail.

Article 3. Relationship to the law and to other agreements

1. The guarantee in these terms applies alongside the rights the client has under the law and does not limit those rights.
2. The contractor may remain liable under the law for defects in the work even after the guarantee periods have expired.
3. The contractor and the consumer may deviate from these guarantee terms to the consumer's detriment. The contractor may only rely on such a deviation if it was agreed with the consumer and set down in writing before the agreement was concluded. The burden of proof that this agreement exists lies with the contractor.
4. Arrangements in the offer that are more favourable to the client take precedence over these guarantee terms.
5. If a provision of these guarantee terms is void or annulled, the remaining provisions remain fully in force. The parties replace the provision concerned with one that comes as close as possible to the purpose of the original.

Article 4. The contractor's duty to warn

1. The contractor must point out the following to the client, unless the contractor did not know and could not reasonably have known of these defects or inaccuracies:
   • inaccuracies in the work commissioned, including working on an unsound or unsuitable substrate;
   • inaccuracies in the structures and methods required by the client;
   • defects in the property on which the work is carried out;
   • defects in or unsuitability of materials or tools provided by the client.
2. The contractor warns the client in writing. In urgent circumstances the warning may be given orally, after which the contractor confirms it in writing as soon as possible.
3. If, after a warning as referred to in paragraph 1, the client wants the work carried out unchanged, the contractor records this in writing. Defects resulting from the circumstance that was warned about are not covered by the guarantee.
4. If the contractor did not warn when required to under paragraph 1, the contractor cannot rely on the exclusions in article 9 relating to that circumstance.

Article 5. Handover

1. The work has been handed over when the contractor has informed the client that the work is complete and the client has accepted the work.
2. The work is deemed to have been handed over:
   • when 14 working days have passed after the client received written notice from the contractor that the work is complete, and the client has neither accepted the work nor rejected it with reasons within that period;
   • when the client takes the work back into use, on the understanding that taking part of the work into use means that part is deemed handed over, unless the consequence attached to it (handover) is not justified.
3. At handover the contractor and the client jointly draw up a handover report, recording the defects and imperfections found at handover. Both parties sign the handover report. The contractor puts right the points listed in it within the reasonable period set in the handover report.
4. Not including a defect in the handover report does not affect the consumer's rights in respect of that defect.
5. Minor defects that can be put right within the period set in the handover report and do not prevent the work being used are not grounds for refusing handover.

Article 6. Content of the guarantee

1. The contractor guarantees that the work has been carried out properly, in a good and workmanlike manner and in accordance with the agreement, and that it is fit for its intended purpose under normal use and normal maintenance.
2. The contractor guarantees that any defects in the work that arise after handover within the periods stated in article 7 will be put right free of charge, unless the contractor demonstrates that the defect is unrelated to the work.
3. Repair free of charge covers all costs of labour, materials, call-out and removing and reapplying the work insofar as necessary for the repair.
4. The guarantee also applies to materials supplied by the contractor. If the manufacturer has given its own warranty on a product supplied by the contractor, that warranty applies in addition to this guarantee. The contractor remains the client's point of contact and handles any claim under the manufacturer's warranty on the client's behalf.
5. The contractor gives a guarantee under these terms on the application of materials provided by the client. The contractor gives no guarantee on those materials themselves, without prejudice to article 4.
6. A defect reported in writing within the guarantee period remains covered by the guarantee, even if the investigation or repair takes place after the guarantee period has ended.

Article 7. Guarantee periods and provisions per type of work

The guarantee periods start on the day of handover. The parties may agree a longer period in the offer. Below is an overview first, followed by the guarantee provisions per type of work.

• Interior plastering (plaster and decorative plaster)

  5 years

  Stays bonded to the substrate and does not crack in the plaster layer

• Spray finishes on walls and ceilings

  5 years

  Stays bonded, does not come loose, flake or crack

• Facade insulation (external wall insulation including finish coat)

  5 years

  Stays properly fixed, the finish coat adheres and does not crack, and the facade stays weathertight

• Partition walls and lining walls

  5 years

  Defects are put right free of charge, walls meet the building requirements

• Tiling

  5 years

  Stays bonded, does not sound hollow or crack, cement-based joints stay closed

• Bathroom waterproofing (wet zone)

  5 years

  Stays watertight

• Interior painting

  4 years

  Does not flake, come loose or blister

• Exterior rendering without insulation

  3 years

  Stays bonded to the substrate and does not crack in the plaster layer

• Sanitary ware (fitting and connections)

  2 years

  Professionally fitted, connections stay leak-free

• Exterior painting, opaque paint system

  2 years

  Does not flake, come loose or blister

• Wallpapering

  1 year

  Stays bonded, seams stay closed

• Sealant joints outside the wet zone

  1 year

  Stay bonded and sealed

• Exterior painting, transparent system (stain, clear varnish)

  1 year

  Does not flake, come loose or blister

1. Interior plastering, 5 years. The contractor guarantees that the plastering carried out, including plaster and decorative plaster:
   • will remain adequately bonded to the substrate;
   • will not crack in the plaster layer, unless this is caused by movement of the substrate, and only insofar as that movement could not reasonably have been foreseen by the contractor.
2. Exterior rendering, 3 years. The contractor guarantees that the plastering carried out, including facade render and exterior rendering without insulation:
   • will remain adequately bonded to the substrate;
   • will not crack in the plaster layer, unless this is caused by movement of the substrate, and only insofar as that movement could not reasonably have been foreseen by the contractor.
3. Spray work, 5 years. The contractor guarantees that the spray work carried out on walls and ceilings:
   • will remain adequately bonded to the substrate;
   • will not come loose, flake or crack, unless this is caused by movement of the substrate, and only insofar as that movement could not reasonably have been foreseen by the contractor.
4. External wall insulation, 5 years. The contractor guarantees that the external wall insulation system applied, including the finish coat:
   • will remain durably and soundly fixed to the substrate;
   • has a finish coat that will remain adequately bonded and will not crack, unless this is caused by movement of the substrate, and only insofar as that movement could not reasonably have been foreseen by the contractor;
   • will remain weathertight.
5. Partition walls and lining walls, 5 years. The contractor guarantees that any defects in partition walls and lining walls installed will be put right free of charge after handover, unless the contractor demonstrates that the defect is unrelated to the work. Soiling by smoke and the like, and discolouration from UV radiation for example, are excluded from the guarantee. The contractor guarantees in any case that the walls installed meet the requirements of the Dutch Building Decree (Besluit bouwwerken leefomgeving) for sound insulation, fire resistance and stability, or the higher requirements agreed in the offer.
6. Tiling, 5 years. The contractor guarantees that the wall and floor tiling laid:
   • will remain adequately bonded to the substrate and will not sound hollow;
   • will not crack as a result of the way the work was carried out;
   • has cement-based joints that will remain intact and closed.
7. Bathrooms, 5 years on the waterproofing and 2 years on the sanitary ware. The contractor guarantees that the waterproofing of the wet zone applied by the contractor, consisting of the sealing system under the tiling, the sealing tapes, the sleeves and the sealant joints with a water-retaining function within the wet zone, will remain watertight for five years. In addition, the contractor guarantees for two years that the sanitary ware he installed has been professionally fitted and that the connections he made will remain leak-free.
8. Sealant joints outside the wet zone, 1 year. The contractor guarantees that the elastic sealant joints he applied outside the wet zone will remain adequately bonded and sealed. Sealant joints outside the wet zone are maintenance joints, which absorb movement between building components and wear through use, cleaning and moisture. This does not alter the fact that the consumer may expect sealant joints applied with good workmanship to last longer than the guarantee period under normal use and maintenance.
9. Painting. The contractor guarantees that the painting carried out will not flake, come loose or blister. The guarantee is given for a period of:
   • four years for interior painting;
   • two years for exterior painting with an opaque paint system;
   • one year for exterior painting with a transparent system, such as stain or clear varnish.
10. Wallpapering, 1 year. The contractor guarantees that the wallpaper he hung will remain adequately bonded and the seams will stay closed, unless this is caused by movement of the substrate or by moisture as referred to in article 9, and only insofar as that movement could not reasonably have been foreseen by the contractor. If the client supplies the wallpaper, the guarantee covers the hanging. Defects in the wallpaper itself, such as printing faults or colour differences between rolls, are excluded.
11. Cracks that could have been prevented with good workmanship, for example by using reinforcement, expansion joints or correct detailing, are covered by the guarantee.
12. If the contractor puts right a defect under the guarantee, the remaining guarantee period applies to the repaired part, with a minimum of six months after the repair.

Article 8. Assessment of the work

1. The work is assessed according to the applicable trade standards and the level of finish agreed in the offer, such as wallpaper-ready, paint-ready or tile-ready. If no level of finish was agreed, the level customary for the use of the room applies.
2. Flatness and finish are assessed from a distance of about two metres, in normal daylight or normal artificial lighting, without using sharp raking light. Imperfections that are only visible in sharp raking light do not count as a defect, unless a higher level of finish was agreed in the offer.
3. Shrinkage cracks no wider than 0.2 mm that appear as plaster, filler or joints dry, and are no longer visible after a normal finish with emulsion or paint, do not count as a defect.
4. Minor imperfections that do not detract from the usability, quality, durability, appearance and look of the work when assessed in accordance with paragraph 2 do not count as a defect.

Article 9. Exclusions

1. Defects resulting from the following are excluded from the guarantee:
   • settlement, deflection, cracking or other movement of the substrate or the structure, insofar as the contractor could not reasonably have foreseen that movement and could not have prevented its consequences with good workmanship;
   • movement between different materials or building components, such as at the junction of wall and ceiling, around window frames and at pipe penetrations, unless the contractor used incorrect detailing;
   • moisture from outside, including leaks not caused by the work, rising damp, condensation from insufficient ventilation and construction moisture that has not dried out sufficiently due to the client's actions after handover;
   • defects in or unsuitability of materials provided by the client;
   • work carried out on or in the work after handover by the client or by third parties;
   • normal wear and tear, soiling, knocks, scratches and damage from use or accidents;
   • improper use, incorrect cleaning or insufficient maintenance of the work, including not following the instructions for use referred to in article 10 paragraph 2;
   • force majeure, including storm, fire, flooding, earthquake and extreme weather conditions;
   • differences in colour and sheen within the manufacturer's tolerances, differences in colour and texture between production batches of materials chosen by the client, discolouration from UV radiation and soiling or discolouration from smoke, candles or grease.
2. The exclusions in paragraph 1 relating to movement of the substrate, movement between materials, moisture and materials provided by the client (the first four points) do not apply if the contractor should have warned under article 4 and failed to do so.
3. The contractor bears the burden of proving that a defect results from a circumstance referred to in paragraph 1.

Article 10. Use and maintenance

1. The client uses and maintains the work as can reasonably be expected of a careful user.
2. Instructions for use that are essential for the specific work, such as the drying time of plaster before it is finished and when a tiled floor may be loaded, are stated by the contractor in writing in the offer. Instructions only known at handover are recorded by the contractor in the handover report. These instructions can only be held against the client insofar as they are reasonable and necessary to preserve the work.
3. The guarantee lapses for defects caused by use or maintenance contrary to paragraph 1 or paragraph 2. The burden of proof lies with the contractor.
4. The contractor may also give the client maintenance advice. This advice is for information only and is not a condition of the guarantee.

Article 11. Reporting defects

1. The client reports defects in the work within a reasonable time after discovering them or after they should reasonably have discovered them, preferably in writing to info@kraftafbouw.nl.
2. A report by the consumer within two months of discovering the defect is in any case in time.
3. The report preferably contains:
   • the client's name, address and telephone number;
   • the address of the work and the date of handover or the invoice number;
   • a description of the defect and when it was discovered;
   • photos of the defect.
4. Damage demonstrably resulting from the client not reporting a defect within a reasonable time is borne by the client. The burden of proof lies with the contractor.
5. In urgent situations, including a leak in a bathroom handed over by the contractor, the client reports the defect by phone as soon as possible on +31 6 16 20 77 59 and takes the measures that can reasonably be expected of them to limit the damage.

Article 12. Investigation and repair

1. The contractor responds within two working days of receiving a report. In urgent situations as referred to in article 11 paragraph 5 the contractor takes action as soon as possible.
2. The client gives the contractor the opportunity to investigate and repair the defect, and grants access to the work for that purpose at a time agreed together.
3. If the client makes a claim under the guarantee, the contractor must be given the opportunity, where necessary, to carry out destructive investigation in the way least burdensome to the client, to determine possible liability. The contractor consults the client beforehand on the method of investigation. The cost of making good after destructive investigation is borne by the contractor if the defect is covered by the guarantee.
4. If the defect is covered by the guarantee, the contractor puts it right within a reasonable period. The contractor decides the method of repair in consultation with the client, including local repair, partial replacement or full replacement of the component concerned. The repair must lead to a sound result.
5. With local repair the contractor aims for the best possible match with the existing work. Slight differences in colour or texture that cannot reasonably be avoided with local repair do not count as a defect, unless they detract from the look of the work when assessed in accordance with article 8 paragraph 2.
6. If the client has a defect repaired by a third party without first giving the contractor the opportunity in writing to repair it within a reasonable period, the costs are for the client's account. This does not apply:
   • in an emergency in which the contractor could not be reached in time and immediate action was necessary to prevent further damage. In that case the contractor reimburses the reasonable costs of the necessary emergency measure;
   • if the contractor has not repaired the defect within the reasonable period set for him.

Article 13. Costs

1. Investigation and repair of a defect covered by the guarantee are free of charge for the client.
2. If, after investigation, the contractor demonstrates that the defect is not covered by the guarantee, the contractor may charge the reasonable costs of the investigation at the usual hourly rate and the usual call-out charge, provided the contractor pointed out this possibility and the amount of the costs to the client in writing before the investigation began and the client agreed.
3. If a defect is not covered by the guarantee, the contractor makes an offer for the repair on request, without obligation.

Article 14. Suspension

1. If one of the parties does not fulfil an obligation under the agreement, the other party may suspend performance of the corresponding obligation. In the case of partial or improper performance, suspension is only permitted insofar as the shortcoming justifies it.
2. The client is entitled to suspend part of the payment in proportion to the seriousness of a defect in the work.
3. The contractor is entitled to suspend repair under the guarantee as long as the client leaves invoices for the work that are due unpaid without a justified reason, insofar as that suspension is proportionate to the unpaid amount. In urgent situations as referred to in article 11 paragraph 5 the contractor does not suspend the measures necessary to prevent further damage.

Article 15. Liability

1. The contractor is liable for damage arising from a defect in the work or from carrying out the work, unless that damage cannot be attributed to him.
2. The contractor indemnifies the client against claims by third parties for damages, insofar as the damage was caused by carrying out the work and is attributable to negligence, carelessness or wrongful acts of the contractor himself, his employees or other assistants he engaged in carrying out the work.
3. In relation to the consumer, no limitations of liability apply other than those arising from the law.

Article 16. Transfer of the guarantee

1. On transfer of the property on which the work was carried out, the rights under this guarantee pass to the new owner for the remaining guarantee period.
2. The new owner can claim under the guarantee by producing a copy of the invoice or the handover report.

Article 17. Special provisions for business clients

1. This article applies exclusively to agreements with business clients. Insofar as this article deviates from the other articles, this article prevails.
2. If the contractor works for a main contractor, property developer or other business client, the contractor grants the guarantee exclusively to that client. The business client reports defects to the contractor, even if they were discovered by an end user.
3. The business client reports defects in writing within 14 days of discovering them or of when they should reasonably have discovered them, failing which their rights in respect of that defect lapse.
4. Defects that were visible at handover and were not included in the handover report are not covered by the guarantee.
5. Article 9 paragraph 3 and the second sentence of article 11 paragraph 4 do not apply. The business client bears the burden of proving that a defect results from carrying out the work or from materials supplied by the contractor.
6. Work is deemed handed over 14 days after the contractor has informed the business client in writing that the work is complete, if the business client has not rejected the work with reasons within that period.
7. The contractor's liability is limited to the amount paid out by the contractor's insurer in the case concerned, plus the excess. If the insurer does not pay out, liability is limited to the invoice amount, excluding VAT, of the part of the work to which the damage relates.
8. The contractor is not liable for indirect loss, including consequential loss, loss of profit, business interruption, losses caused by delay and penalties imposed by third parties.
9. The limitations in paragraphs 7 and 8 do not apply in the case of intent or deliberate recklessness on the part of the contractor or his managerial staff.
10. If different guarantee or handover arrangements have been made in a subcontract, specification or other written project agreement, including the Dutch UAV 2012, those arrangements prevail.
11. Disputes between the contractor and a business client are submitted exclusively to the competent court of the Rechtbank Overijssel (Netherlands), unless the law mandatorily designates another court.

Article 18. Disputes

1. If the client disagrees with the assessment of a claim under the guarantee, they first submit a complaint to the contractor. The contractor responds to the complaint in writing and in substance within 14 days.
2. Disputes between the contractor and the consumer may be submitted to the court that has jurisdiction under the law. The consumer can in any case submit a dispute to the competent court of their place of residence.

Article 19. Final provisions

1. Dutch law applies to these guarantee terms and to all agreements to which they apply.
2. The contractor may amend these guarantee terms. An agreement is always governed by the guarantee terms as they applied when that agreement was concluded.
3. These guarantee terms are cited as: Garantievoorwaarden Kraft Afbouw, version 2.2.