Terms and Conditions
Terms and Conditions: Noa Van StucadoorsARTICLE 1 – Definitions
ARTICLE 2 – Scope of Application
ARTICLE 3 – Offer
ARTICLE 4 – Formation of the Agreement
ARTICLE 5 – Obligations of the Entrepreneur
ARTICLE 6 – Obligations of the Consumer
ARTICLE 7 – Additional and Reduced Work
ARTICLE 8 – Force Majeure
ARTICLE 9 – Delivery
ARTICLE 10 – Payment in Installments
ARTICLE 11 – Final Invoice
ARTICLE 12 – Non-Timely Payment
ARTICLE 13 – Non-Fulfillment of the Agreement
ARTICLE 14 – Ownership of Drawings, Designs, etc.
ARTICLE 15 – Warranty
ARTICLE 16 – Industry Guarantee Compliance with Binding Advice
ARTICLE 17 – Amendment of General Terms and Conditions
In these terms and conditions, the following definitions apply:
- Consumer: a natural person not acting in the course of a profession or business.
- Entrepreneur: a natural or legal person, member of NOA (Nederlandse Ondernemersvereniging voor Afbouwbedrijven), who professionally provides a quote and carries out plastering, finishing, flooring, terrazzo, ceiling, and wall assembly work and supplies products for that purpose.
- Work: the total of the work agreed upon between the consumer and the entrepreneur and the materials supplied by the entrepreneur in connection with it.
- NOA: Dutch Entrepreneur Association for Finishing Companies.
ARTICLE 2 – Scope of Application
These general terms and conditions apply to all agreements between the entrepreneur and the consumer.
ARTICLE 3 – Offer
1. The offer for work is made in writing or electronically, unless urgent circumstances make this impossible.
2. The offer is dated and is irrevocable for 30 days after receipt.
3. The offer includes a description of the work to be performed and the materials to be supplied, detailed enough to allow a proper assessment by the consumer.
4. The offer specifies as precisely as possible the time or period when the work can start, indicating the duration of the work and a fixed or approximate completion date.
5. The offer provides insight into the price of the materials and the pricing method that will be used for the work: lump sum or on a cost-plus basis.
a) For lump sum pricing, the parties agree on a fixed amount for the work to be carried out.
b) For cost-plus pricing, the entrepreneur provides a detailed breakdown of pricing factors (e.g., hourly rate and unit prices of necessary materials). The entrepreneur, upon the consumer's request, provides an estimate of the expected execution costs by stating a target price unless, in the given circumstances, it is not reasonably possible according to the entrepreneur's judgment.
6. The offer specifies the payment method.
7. The offer is accompanied by a copy of these general terms and conditions.
ARTICLE 4 – Formation of the Agreement
The agreement is concluded by the consumer's acceptance of the offer, preferably in writing or electronically.
ARTICLE 5 – Obligations of the Entrepreneur
1. The entrepreneur will perform the work properly, soundly, and in accordance with the provisions of the agreement. The work is carried out during normal working hours, unless agreed otherwise.
2. The entrepreneur observes the applicable regulations in the execution of the work, as they are or will be in force at the time of the execution of the work.
3. The entrepreneur is obliged to inform the consumer about:
– inaccuracies in the assigned work, including working on an unsound substrate;
– inaccuracies in the constructions and methods requested by the consumer;
– defects in the (im)movable property to which the work is performed;
– defects or unsuitability of materials or tools provided by the consumer. This is unless the entrepreneur was not aware of or reasonably should not have known about these defects or inaccuracies.
4. The entrepreneur is liable for the damage, unless it is not attributable to him.
5. The entrepreneur ensures that the work is carried out by qualified individuals.
6. The entrepreneur indemnifies the consumer against claims from third parties for compensation for damage, to the extent that such damage is caused by the execution of the work and is attributable to negligence, carelessness, or improper actions of the entrepreneur himself, his subordinates, or other assistants engaged by him in the execution of the work.
ARTICLE 6 – Obligations of the Consumer
1. The consumer enables the entrepreneur to carry out the work.
2. The consumer ensures that the entrepreneur can timely obtain the necessary approvals for the work (such as permits, etc.) and provide the necessary information for the work.
3. The consumer provides the available connection possibilities for the energy and water required for the work. The costs of electricity, gas, and water are at his expense.
4. The consumer must ensure that work performed by third parties and/or deliveries not part of the entrepreneur's work are carried out and delivered in such a way and in a timely manner that it does not cause delays in the execution of the work. If, nevertheless, delays occur, the consumer must inform the entrepreneur of this in a timely manner.
5. If the commencement or progress of the work is delayed due to circumstances mentioned in the previous paragraph, the consumer must compensate the entrepreneur for the related damage and costs if these circumstances can be attributed to him.
6. If the consumer invokes the warranty provisions of Article 15 of these terms and conditions, the entrepreneur must be given the opportunity to, if necessary, conduct destructive research in the least burdensome way for the consumer to determine possible liability.
ARTICLE 7 – Additional and Reduced Work
1. With the cost-plus pricing method referred to in Article 3, paragraph 5, the consumer may, after the agreement has been concluded, instruct additional or reduced work in accordance with the pricing method without a separate agreement being concluded, provided that the balance of the resulting adjustments does not exceed 10% of the price of the work.
2. Additional or reduced work for a total amount exceeding 10% of the price of the work is agreed upon in writing or electronically in advance, except in urgent circumstances.
ARTICLE 8 – Force Majeure
1. If the execution of the work becomes temporarily impossible for one of the parties, the other party is relieved of its obligations for that period.
2. If the execution of the work becomes permanently impossible for one of the parties due to a cause that cannot be attributed to him, the other party is entitled to terminate the execution of the work, against payment to the other party of the reasonable costs incurred.
ARTICLE 9 – Delivery
1. In case of exceeding the delivery date or the agreed time or period, the entrepreneur is obliged to compensate the demonstrable damage incurred, unless the exceedance cannot be attributed to him.
2. The work is deemed to be delivered when the entrepreneur has informed the consumer that the work is completed, and the consumer has accepted the work.
3. The work is considered delivered:
– when a maximum of 14 working days have elapsed after the consumer has received notice from the entrepreneur by registered letter that the work is completed and the consumer has failed to accept the work within that period;
– when the consumer resumes the use of the object to which the work has been carried out, with the understanding that by taking into use a part of the work, that part is considered delivered, unless the consequence (delivery) of taking into use is not justified.
ARTICLE 10 – Payment in Installments
Parties may agree that payment in installments will be made in proportion to the progress of the work. Payment must be made in that case no later than two weeks after receipt of the invoice.
ARTICLE 11 – Final Invoice
1. Within a reasonable period after delivery, the entrepreneur must submit the final invoice to the consumer.
2. The final invoice provides a clear description of the work, broken down into the original order, and any additional and/or reduced work ordered.
3. The final invoice provides a specification of the materials used and their costs, the worked hours and hourly rates, and other costs. If applicable, a specification of additional and/or reduced work is included.
4. The specification mentioned in the previous paragraph does not take place insofar as the work has been carried out for a lump sum, except for additional and/or reduced work ordered.
5. If the entrepreneur provides a target price with the cost-plus pricing method, this target price may not be exceeded by more than 10%, except for additional work, taking into account the provisions of Article.
6. Payment of the final invoice must be made within three weeks after receipt of the invoice.
7. The reason for any exceeding of the target price must be clearly apparent from the specification.
ARTICLE 12 – Non-Timely Payment
1. The consumer is in default from the expiry of the payment date. After this date has expired, the entrepreneur sends a payment reminder and gives the consumer the opportunity to pay within 10 days after receipt of this payment reminder.
2. If payment is still not made after the payment reminder has expired, the entrepreneur is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest rate.
3. After the 10-day period referred to in the first paragraph has expired, the entrepreneur is authorized to proceed to the collection of the amount due without further notice. If the entrepreneur does so, the extrajudicial costs associated with this are reasonably for the account of the consumer.
ARTICLE 13 – Non-Fulfillment of the Agreement
1. If one of the parties fails to fulfill an obligation from the agreement, the counterparty may suspend the performance of the corresponding obligation. In the case of partial or improper performance, suspension is only allowed to the extent that the shortcoming justifies it.
2. If one of the parties fails to fulfill the agreement, the counterparty is entitled to terminate the agreement unless the deficiency, given its minor significance, does not justify termination.
ARTICLE 14 – Ownership of drawings, designs, etc.
1. Designs, images, descriptions, drawings, models, estimates, and calculations provided by or on behalf of the entrepreneur, of which the entrepreneur wishes to retain ownership, remain his property.
2. All rights established with regard to designs, images, descriptions, drawings, models, etc. (copyrights, model rights, etc.) are reserved and must be respected.
ARTICLE 15 – Warranty
Warranty provisions for Plastering and Finishing Companies
The entrepreneur guarantees that any defects in the work after delivery will be rectified free of charge during the periods mentioned below, unless he demonstrates that the defect is not related to the work. The foregoing does not prejudice the entrepreneur's liability under the law for any defects in the work even after the mentioned periods.
Exterior Plastering Warranty
1. The entrepreneur guarantees that the applied exterior plastering:
a) will remain sufficiently attached to the substrate;
b) will not crack in the plaster layer unless caused by the movement of the substrate, and only to the extent that such movement could not reasonably have been foreseen by the entrepreneur.
2. The warranty is provided for a duration of three years.
Interior Plastering Warranty
1. The entrepreneur guarantees that the applied interior plastering:
a) will remain sufficiently attached to the substrate;
b) will not crack in the plaster layer unless caused by the movement of the substrate, and only to the extent that such movement could not reasonably have been foreseen by the entrepreneur.
2. The warranty is provided for a duration of five years.
Warranty provisions for Flooring and Terrazzo Companies
1. The entrepreneur guarantees that any defects in the work after delivery will be rectified free of charge during the periods mentioned below, unless he demonstrates that the defect is not related to the work:
– for terrazzo work, three years;
– for synthetic floor finishes, five years.
2. The warranty periods mentioned in paragraph 1 apply unless the entrepreneur and the consumer agree on a longer period.
3. Minor imperfections that do not detract from the usability, quality, durability, appearance, and appearance of the delivered work are excluded from the warranty.
4. If the entrepreneur has provided written maintenance instructions to the consumer at the conclusion of the agreement, the warranty expires with respect to defects caused by the work not being maintained and/or treated in accordance with the instructions. The burden of proof rests with the entrepreneur.
5. The foregoing does not prejudice the entrepreneur's liability under the law for any defects in the work even after the mentioned periods.
Warranty provisions for Ceiling and Wall Mounting Companies
The entrepreneur guarantees that any defects in the work after delivery will be rectified free of charge for a period of five years unless he demonstrates that the defect is not related to the work. The foregoing does not prejudice the entrepreneur's liability under the law for any defects in the work even after the mentioned periods.
Ceiling Warranty
The entrepreneur guarantees that the installed ceiling is durably suspended from the superstructure.
Wall Warranty
The entrepreneur guarantees that the walls comply with the building regulations regarding sound insulation, fire resistance, and stability. Pollution by smoke, etc., as well as any discoloration due to, for example, UV radiation, is excluded from the warranty.
ARTICLE 16 – Industry guarantee for compliance with binding advice
1. NOA will promptly assume the obligations of the entrepreneur towards the consumer, imposed on him by the Disputes Committee in a binding advice, if this entrepreneur has not fulfilled these obligations within the period set for that in the binding advice. This applies unless the entrepreneur has submitted that binding advice to the court for review within two months of its date.
2. For the application of this guarantee, it is required that the consumer makes a written or electronic appeal to NOA, Postbus 310, 3900 AH Veenendaal;
info@ubentbeteraf.nl; www.ubentbeteraf.nl.
ARTICLE 17 – Amendment of general conditions
NOA will only amend these conditions in consultation with the Consumers' Association and the Homeowners Association.
Stucco Company Danny de Ruig, Your Stucco Expert
Phone: 023-5749407
Mobile: 06-41922755
Email: info@deruigstucadoors.nl