Terms & Conditions
These terms and conditions apply to all quotes, offers, agreements and work of PJ Kaptein Woonsupport, established in Purmerend (Chamber of Commerce / KvK 34224312). We recommend that you read these terms carefully before placing an order.
Article 1: Applicability
1.1 These terms apply to every quote and agreement between PJ Kaptein Woonsupport ("the contractor") and the customer ("the client"), unless expressly agreed otherwise in writing.
1.2 Any purchasing or other terms of the client are expressly rejected, unless agreed otherwise in writing.
1.3 Where the client is a consumer, mandatory consumer-protection provisions remain fully in force; any provisions in these terms that conflict with them do not apply in respect of consumers.
Article 2: Quotes and offers
2.1 All quotes and offers are without obligation and entirely free of charge, unless stated otherwise.
2.2 A quote is valid for 30 days from its date, unless a different period is stated in the quote. The quote lapses once this period has expired.
2.3 Quotes are based on the information and the situation as known at the time of the enquiry or site visit. If the actual situation turns out to differ (for example a different sub-base, hidden structures or material suspected of containing asbestos), we are entitled to adjust the price and schedule after consultation with the client.
2.4 A composite price quotation does not oblige us to carry out part of the order for a proportionate part of the price.
Article 3: Formation of the contract
A contract is formed only once the order has been confirmed by the client in writing (by email or signed quote) and has been accepted by us. No rights can be derived from a quote issued, a verbal undertaking or an indication for as long as this confirmation is absent.
3.2 Undertakings or arrangements made by staff bind us only once they have been confirmed in writing.
Article 4: Prices
4.1 Prices are in euros. Prices quoted to consumers include VAT; prices quoted to business clients exclude VAT, unless stated otherwise.
4.2 Our prices depend in part on the prices of materials, raw materials and transport. If demonstrable and substantial price increases occur between the issuing of the quote and performance, we are entitled to pass these on within reason. We will inform the client of this in advance. In the event of a price increase within three months of the contract being concluded, a consumer has the right to rescind the contract.
4.3 Costs arising from circumstances that could not have been known at the time the quote was issued may be charged separately.
Article 5: Performance and scheduling
5.1 We carry out the contract to the best of our insight and ability and in accordance with the standards of good workmanship.
5.2 Any (start and completion) dates and lead times stated are indicative and are not strict deadlines, unless a strict deadline has been expressly agreed in writing. Scheduling may be affected by weather conditions, material delivery times, permits and circumstances on the client's side.
5.3 Exceeding an indicative period does not give rise to any right to compensation or rescission, unless there is intent or wilful recklessness on our part.
5.4 We are entitled to have the work carried out, in whole or in part, by third parties.
Article 6: Client obligations
6.1 The client ensures that all data and permits required for performance are provided in good time and correctly, and warrants their accuracy.
6.2 The client provides free and safe access to the work site, the presence of the necessary utilities (water, electricity) and sufficient space for storage and removal.
6.3 Any delay or additional costs arising because the client fails to meet, or fails to meet in good time or properly, their obligations (for example no access, a missing permit or incorrect information) are for the client's account. In such cases we are entitled to adjust the schedule and to charge the additional costs.
Article 7: Additional work and changes
7.1 If the client wishes to make changes or additions, or if it becomes apparent during performance that additional work is necessary, we will discuss the consequences for price and schedule in advance. Additional work is charged on the basis of actual costs or a supplementary price agreement.
7.2 Failure to carry out, or to carry out immediately, additional work does not constitute a breach and is not grounds for rescission.
Article 8: Payment
8.1 Payment must be made within 14 days of the invoice date, unless agreed otherwise in writing.
8.2 For larger projects we may agree a deposit or payment in instalments, linked to the progress of the work.
8.3 In the event of late payment, the client is in default. We are then entitled to charge statutory (commercial) interest, as well as reasonable extrajudicial collection costs in accordance with the applicable statutory rules.
8.4 Materials supplied remain our property until the client has paid in full all invoices relating to them (retention of title).
Article 9: Completion and complaints
9.1 The work is deemed to have been completed once we have notified the client that it is ready and the client has accepted it, or is deemed to have accepted it. The work is deemed accepted if the client does not submit a written and substantiated complaint within a reasonable period after the notification, or puts the work into use.
9.2 Visible defects must be reported on completion. Other complaints must be made known to us in writing and with reasons within a reasonable period after discovery, and no later than two months, so that we are given the opportunity to investigate them and, where necessary, to remedy them.
9.3 A complaint does not suspend the payment obligation, except to the extent that the law provides otherwise for consumers.
Article 10: Warranty
10.1 We warrant the soundness of the work delivered in accordance with the standards of good workmanship. Where applicable, the supplier's warranty terms apply to the materials used.
10.2 The warranty lapses if defects result from normal wear and tear, incorrect or improper use, inadequate maintenance, work by third parties, or circumstances beyond our control (such as settlement of the sub-base or extreme weather conditions).
10.3 The consumer's statutory rights in the event of non-conformity remain unaffected.
Article 11: Liability
11.1 Our liability is limited to the amount that, in the case concerned, is paid out under our (business) liability insurance, plus the deductible. If, for whatever reason, no payment is made, our liability is limited to the invoice amount of the order concerned.
11.2 We are not liable for indirect damage, including consequential loss, lost profit, missed savings and business interruption.
11.3 The limitations in this article do not apply if the damage is the result of intent or wilful recklessness on our part, nor to the extent that mandatory law (including consumer law) precludes them.
11.4 The client indemnifies us against third-party claims connected with incorrect information provided by the client or with the client's failure to meet its obligations.
Article 12: Cancellation and termination
12.1 If the client cancels an order placed, the client is obliged to reimburse the costs already incurred, materials ordered or supplied and hours reserved, as well as reasonable compensation for lost income.
12.2 Where a consumer makes a purchase at a distance or off premises, the statutory cooling-off periods apply where relevant; in that case these are notified separately.
Article 13: Force majeure
13.1 In the event of force majeure, we are entitled to suspend performance or to rescind the contract, without being liable for any compensation. Force majeure includes, among other things: extreme weather conditions, illness of personnel, strikes, transport and delivery problems, material shortages, fire, government measures and other circumstances beyond our reasonable control.
Article 14: Governing law and disputes
14.1 All agreements and these terms are governed exclusively by Dutch law.
14.2 Disputes are submitted to the competent court in the district where we are established, unless the law mandatorily designates another court. Consumers may, within one month after we invoke this choice of forum, opt for the court that has jurisdiction under the law.
These terms and conditions have been prepared with care for PJ Kaptein Woonsupport. They do not constitute legal advice; before use, it is advisable to have them reviewed once by a lawyer and, if desired, filed with the Chamber of Commerce (Kamer van Koophandel).