Terms and conditions

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, or asks for a price indication or quote for it.

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.

Price indication:

an estimate of the price that the contractor gives remotely, based on photos, a description or a conversation. A price indication is not an offer.

Quote:

the contractor's written offer with a fixed price, including its attachments. In the guarantee terms this is called the offer.

Agreement:

the agreement between the contractor and the client for the performance of the work.

Handover:

the moment at which the work is deemed to have been handed over under article 5 of the guarantee terms.

Guarantee terms:

the Garantievoorwaarden Kraft Afbouw (guarantee terms), as published at kraftafbouw.nl/garantie.

Working day:

Monday to Saturday inclusive, excluding public holidays generally recognised in the Netherlands.

In writing:

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

Article 2. Applicability

1. These terms apply to every price indication, every quote and every agreement of the contractor.
2. The guarantee terms also apply to the work. In the event of conflict the quote prevails, then the guarantee terms and then these terms.
3. Arrangements that deviate from these terms only apply if they are set down in writing. A deviation to the consumer's detriment is only possible if it was agreed and set down in writing before the agreement was concluded.
4. These terms do not detract from the rights the consumer has under the law.
5. If a provision of these terms is void or annulled, the remaining provisions remain in force. The parties replace the provision concerned with one that comes as close as possible to the purpose of the original.

Article 3. Price indication and quote

1. A price indication is an estimate and not an offer. The client cannot accept a price indication.
2. The contractor gives a fixed price in a quote, after a site survey. The survey is free and without obligation.
3. A quote states at least a description of the work, the fixed price, the lead time, the expected start week, the method of payment and the date until which the quote is valid. Prices for consumers include VAT.
4. A quote is valid for 30 days, unless the quote states a different period. After that period the quote lapses and can no longer be accepted.
5. The price in the quote is based on the situation as visible and known at the survey, and on the information provided by the client. If the situation turns out to be different, for example because of a substrate that was not visible at the survey, article 8 applies.
6. If the contractor exceptionally gives a fixed price without a site survey, it is subject to a check at the start. If the situation then does not match the photos and measurements the client provided, the client can withdraw from the order free of charge.

Article 4. Formation of the agreement

1. The agreement is formed when the client signs the quote, on paper or digitally, or accepts it online via the personal link the contractor sends to the client.
2. For online acceptance the contractor records as evidence: the name the client enters, the date and time, the email address the link was sent to, the IP address, the browser and a digital fingerprint of the quote the client saw.
3. Acceptance by a separate message or by phone is not enough to form the agreement.
4. The contractor makes these terms and the guarantee terms available before the agreement is concluded, via the quote and on his website, in such a way that the client can save them. On request the contractor sends them free of charge.
5. After acceptance the quote is fixed. If either party wants to change something afterwards, the contractor makes a new quote or article 8 applies.

Article 5. Cooling-off period for the consumer

1. The consumer has the right to withdraw from the agreement within 14 days without giving reasons. That period starts on the day the agreement is formed.
2. The consumer withdraws by informing the contractor in writing, for example by email or using the model withdrawal form the contractor sends with the quote.
3. The contractor only starts the work within the cooling-off period if the consumer expressly asks for this. If the consumer then withdraws, they pay an amount proportionate to the work already carried out at that time.
4. If the consumer does not ask for an earlier start, the contractor schedules the start of the work after the cooling-off period has ended.
5. A business client has no cooling-off period.

Article 6. Scheduling and execution

1. After acceptance the contractor contacts the client to agree the schedule. The start and handover dates are then recorded in writing.
2. The contractor carries out the work properly, in a good and workmanlike manner and in accordance with the rules of the trade, as described in the quote.
3. The contractor may have the work carried out wholly or partly by regular partners. He remains responsible to the client for their work.
4. If the contractor sees that the substrate, an instruction or requirement of the client, or materials supplied by the client could lead to a defect, he warns the client clearly and in writing before continuing, as set out in article 4 of the guarantee terms.
5. If the work is at risk of overrunning, the contractor tells the client as soon as possible, with a new date.
6. Exterior work, including facade insulation and exterior rendering, can only be carried out in suitable weather. The handover date for exterior work is therefore subject to the weather. If the work has to be rescheduled because of frost, rain or wind, the contractor says so straight away, with a new date.
7. The contractor states in the quote or at handover how long the work needs to dry and when it can be loaded, tiled or painted.

Article 7. Obligations of the client

1. The client ensures in good time that:
   • the contractor can access the work on the agreed days and times;
   • the rooms being worked in are as empty as possible, the walls are clear and the cover plates of sockets and switches and, where possible, radiators have been removed;
   • old wallpaper has been removed, unless its removal is included in the quote;
   • electricity and water are available;
   • any permits required or consent from an owners' association or landlord are in place.
2. The client gives the contractor all the information they have that is relevant to the work, such as pipes and cables in walls, previous damage, damp problems or previous treatments of the substrate.
3. If the client cannot comply with paragraph 1, they say so in advance, so that it can be included in the quote.
4. If delay or extra costs arise because the client does not comply with this article, the contractor may charge the reasonable costs of this. He points this out to the client first.

Article 8. Additional and reduced work

1. The price in the quote is fixed. The contractor only carries out work not in the quote if the client agrees to it in writing in advance, with the price stated. Agreement by email or WhatsApp is sufficient.
2. If it turns out during the work that extra work is needed, for example because of a substrate that was not visible at the survey, the contractor reports this before continuing, with the price of the extra work.
3. The contractor does not charge for additional work that the client has not approved in accordance with paragraph 1.
4. If part of the work is dropped by agreement, it is settled as reduced work. This is done at the price stated in the quote for that part, or otherwise on a reasonable basis.
5. Additional and reduced work is settled in the next instalment invoice or the final invoice.

Article 9. Price

1. The fixed price in the quote does not change after acceptance, except through additional or reduced work under article 8 or through a change in the VAT rate by the government.
2. Prices for business clients may exclude VAT. If so, this is stated in the quote.
3. If a reduced VAT rate applies to (part of) the work, the contractor may ask the client to declare in writing that the conditions for it are met, for example that the home is more than two years old.

Article 10. Payment

1. The contractor does not ask for a deposit. The client never pays anything before the work has started.
2. The quote states how payment is made: after handover, or in instalments according to the progress of the work.
3. The client pays an invoice within 14 days of the invoice date, unless the invoice states a different period.
4. If the consumer does not pay on time, the contractor first sends a reminder giving 14 days to pay, stating the consequences if payment is not made. If the consumer still does not pay within that period, they owe the statutory interest and the extrajudicial collection costs, in accordance with the statutory rules.
5. If the business client does not pay on time, they are in default without a reminder and owe the statutory commercial interest and the extrajudicial collection costs.
6. The consumer may suspend part of the payment in proportion to the seriousness of a defect in the work.
7. If the client leaves an invoice that is due unpaid after a reminder without a justified reason, the contractor may suspend the work, insofar as this is proportionate to the unpaid amount. He informs the client of this in writing in advance.

Article 11. Handover

1. When the work is finished, the contractor lets the client know and invites them to inspect the work together.
2. When the work is deemed to have been handed over, how the handover report is drawn up and how outstanding points are put right is set out in article 5 of the guarantee terms.
3. Insofar as the law requires, the contractor gives the client a file at handover containing the relevant details of the work.

Article 12. Guarantee

1. The contractor gives a guarantee on the work in accordance with the guarantee terms. They set out the periods per type of work and how the client reports a defect.
2. The guarantee applies alongside the rights the client has under the law and does not limit those rights.

Article 13. Complaints

1. If the client is not satisfied with the execution of the work, an invoice or anything else, they report this to the contractor as soon as possible, preferably in writing, with a clear description and, where possible, photos.
2. The contractor responds as soon as possible and gives a written, substantive answer within 14 days. If that is not possible within that period, he lets the client know when to expect an answer.
3. The client reports defects that come to light after handover as set out in the guarantee terms.
4. A complaint by the consumer does not affect their rights under the law.

Article 14. Care of property

1. The contractor works carefully and covers floors, window frames, furniture and other items where necessary for the work.
2. If the work causes damage to the client's property, the client reports this to the contractor as soon as possible. The contractor repairs or compensates damage for which he is liable.

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. In relation to the consumer, no limitations of liability apply other than those arising from the law.
3. In relation to the business client, liability is limited as set out in article 19.

Article 16. Force majeure

1. Force majeure means a circumstance that cannot be attributed to the contractor or the client and that makes performance temporarily or permanently impossible, such as extreme weather conditions, fire, government measures or a supplier failing to deliver materials or delivering them late, if the contractor could not reasonably have foreseen this.
2. For as long as the force majeure lasts, the obligations affected by it are suspended. The party relying on force majeure informs the other party immediately.
3. If the force majeure lasts longer than 60 days, either party may terminate the agreement in writing. Work already carried out is paid for proportionately.

Article 17. Cancellation

1. After the cooling-off period the client can cancel the agreement at any time.
2. If the consumer cancels before the work has started, they only pay the costs the contractor has demonstrably already incurred for the work, such as materials ordered specially for the work that cannot be returned. The consumer can then have those materials.
3. If the consumer cancels after the work has started, they pay proportionately for the work already carried out, plus the costs referred to in paragraph 2.
4. If a business client cancels, article 19 paragraph 9 applies.

Article 18. Retention of title

1. Materials supplied by the contractor that have not yet been incorporated into or fixed in the work, such as tiles, sanitary ware or boards, remain the property of the contractor until the client has paid for them.

Article 19. 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. Purchasing or other terms of the business client do not apply, unless the contractor has expressly accepted them in writing.
3. The contractor works to the business client's construction schedule and confirms start and handover dates in writing.
4. If different arrangements have been made in a subcontract, specification or other written project agreement, including the Dutch UAV 2012, those arrangements prevail.
5. The business client reports complaints about the execution or an invoice in writing within 14 days of discovering the issue or of when they should reasonably have discovered it. For defects after handover, the periods in article 17 of the guarantee terms apply.
6. 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.
7. 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.
8. The limitations in paragraphs 6 and 7 do not apply in the case of intent or deliberate recklessness on the part of the contractor or his managerial staff.
9. If the business client cancels the agreement, they pay the price less the savings resulting for the contractor from the cancellation, as provided by law.
10. 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 20. Personal data

1. The contractor only uses the client's personal data for the quote, the execution of the work, the guarantee and his accounts, as described in the privacy statement at kraftafbouw.nl/privacy.
2. The contractor only posts photos of the work or of the client's home on his website or social media if the client gives separate consent, and never with the address.

Article 21. Disputes and applicable law

1. Dutch law applies to these terms and to all agreements to which they apply.
2. In the event of a difference of opinion, the contractor and the client first try to resolve it together, through the complaints procedure in article 13.
3. 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 22. Final provisions

1. The contractor may amend these terms. An agreement is always governed by the terms as they applied when that agreement was concluded.
2. These terms are cited as: Algemene voorwaarden Kraft Afbouw, version 1.0.