General terms and conditions
ARTICLE 1. | DEFINITIONS
In these terms of delivery, the following terms are used with the following meanings.
- Energy label Aldenhuijsen: the user of this alge
mene conditions, established in Almere.
- Buyer: any natural or legal person, at least acting in the exercise of a profession or business, with whom Energielabel Aldenhuijsen has concluded or intends to conclude an agreement.
- Agreement: any agreement concluded between Energielabel Aldenhuijsen and the buyer by which Energielabel Aldenhuijsen has undertaken towards the buyer to supply products and services.
- Products: all products and services to be supplied under the agreement by or on behalf of Energielabel Aldenhuijsen.
- Written: both traditional written communication and e-mail communication.
ARTICLE 2. | GENERAL PROVISIONS
- These terms of delivery apply to every offer made by Energielabel Aldenhuijsen and every agreement concluded.
- The applicability of the buyer's purchasing or other terms and conditions is expressly rejected.
- The provisions of these delivery terms may only be deviated from in writing. If and insofar as that which the parties have expressly agreed in writing deviates from the provisions of these terms of delivery, that which the parties have expressly agreed in writing shall apply.
- Annulment or nullity of one or more of these provisions shall not affect the validity of the remaining clauses. In such a case, the parties are obliged to enter into mutual consultation in order to reach a substitute arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF THE AGREEMENT
- Unless it specifies a period for acceptance, any offer made by Energielabel Aldenhuijsen is without obligation.
- Obvious errors or mistakes in Energielabel Aldenhuijsen's offer shall not bind it.
- The buyer cannot derive any rights from an offer by Energielabel Aldenhuijsen that is based on incorrect or incomplete information provided by the buyer.
- An offer does not automatically apply to follow-up orders. However, provided no changes have been made thereto, these terms and conditions do also apply to follow-up orders without Energielabel Aldenhuijsen being obliged to make these general terms and conditions available again and again.
- The agreement is concluded when the buyer's agreement is confirmed by Energielabel Aldenhuijsen in writing or by telephone, or by the buyer's acceptance of an offer made in writing by Energielabel Aldenhuijsen. If the buyer's acceptance deviates from Energielabel Aldenhuijsen's offer, the agreement will not be concluded in accordance with this deviating acceptance, unless Energielabel Aldenhuijsen indicates otherwise.
- A compound quotation never obliges Energielabel Aldenhuijsen to fulfil part of the offer at a corresponding part of the quoted price.
- If the buyer enters into the agreement on behalf of another natural or legal person, he declares that he is authorised to do so by entering into the agreement. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfilment of the obligations under that agreement.
ARTICLE 4. | TERMS
- If Energielabel Aldenhuijsen depends for the execution of the agreement on data to be supplied by the purchaser, delivery deadlines do not commence until after Energielabel Aldenhuijsen has received these data.
- Energielabel Aldenhuijsen makes every effort to meet the delivery deadlines agreed between the parties, but these deadlines are never fatal deadlines. Energielabel Aldenhuijsen shall not be in default until the purchaser has given Energielabel Aldenhuijsen written notice of default specifying a reasonable period within which Energielabel Aldenhuijsen can still honour the agreement and compliance has still not been forthcoming after the expiry of the latter period.
ARTICLE 5. | DELIVERY
- Delivery of the products or services shall take place by the delivery address provided by the buyer. If the buyer has not specified a specific delivery address, the billing address shall apply as the delivery address.
- Energy Label Aldenhuijsen shall, unless expressly agreed otherwise, determine the method of shipment and packaging of the energy label.
- The energy label is delivered after the full agreed amount is in the account of Energielabel Aldenhuijsen.
- If timely payment is not made, the buyer shall be in default by operation of law. From the day on which default commences, the buyer shall owe interest on the outstanding amount at 10% per month, with part of a month counting as a full month.
- As part of the mandatory quality assurance according to BRL9500, the EP calculation is included in the national database ep-online.co.uk. A random check will be possible. If no cooperation is given in this control investigation, the EP calculation will be removed from the national database. The client has the right to request the complete project file. The current Building Label process certificate can be found on the SKW Certification website.
- If you have received the energy label and it later transpires that we have not received all the information (such as installation of additional insulation, etc.), we are obliged to charge €50 excluding VAT for this.
- Once you have received the energy label, you can report any errors to us within 3 days. These will then be adjusted for you free of charge. If errors are discovered after 3 days, we will be obliged to charge €50 excluding VAT.
ARTICLE 6. | FORCE MAJEURE
- Energielabel Aldenhuijsen is not obliged to fulfil any obligation under the agreement if it is hindered in doing so by a circumstance that cannot be attributed to it under the law, a legal act or in socially accepted views.
- During the period of force majeure, the parties' obligations under the agreement shall be suspended.
- If fulfilment of the agreement becomes permanently impossible due to force majeure, or the force majeure situation continues or will continue for more than 1 month, the parties are entitled to dissolve the agreement with immediate effect.
- If Energielabel Aldenhuijsen has already partially fulfilled its obligations when the force majeure situation arises or can only partially fulfil its obligations, it shall be entitled to separately invoice the part of the agreement that has already been carried out or can be carried out as if it were an independent agreement.
- Damage due to force majeure shall never be eligible for compensation.
ARTICLE 7. | SUSPENSION AND TERMINATION
- Energielabel Aldenhuijsen is, if the circumstances so justify, authorised to suspend the implementation of the agreement or to dissolve the agreement with immediate effect if the buyer does not fulfil his obligations under the agreement, or does not fulfil them on time or in full, or after the conclusion of the agreement. Energielabel Aldenhuijsen becomes aware of circumstances that give good reason to fear that the purchaser will not fulfil his obligations.
- If the buyer is in a state of bankruptcy, is declared subject to the Natural Persons Debt Rescheduling Act, has any attachment levied on its goods or otherwise cannot freely dispose of its assets, Energielabel Aldenhuijsen is entitled to dissolve the agreement with immediate effect, unless the buyer has already provided adequate security for payment.
- Furthermore, Energielabel Aldenhuijsen is entitled to dissolve the agreement if circumstances arise of such a nature that fulfilment of the agreement is impossible or cannot reasonably be required of him.
- The buyer shall never claim any form of compensation in connection with the Energielabel Aldenhuijsen
- Energielabel Aldenhuijsen shall at all times be entitled to repair the purchaser's damage for which Energielabel Aldenhuijsen is liable. The purchaser shall give Energielabel Aldenhuijsen the opportunity to do so, failing which any liability of Energielabel Aldenhuijsen shall lapse.
- Energielabel Aldenhuijsen can never be held liable for damage caused by incorrect or incomplete information supplied by or on behalf of the buyer.
- Energielabel Aldenhuijsen shall never be liable for consequential damage, including loss of profit, losses incurred and damage resulting from business interruption.
- If, based on the circumstances of the case, Energielabel Aldenhuijsen's liability is more far-reaching, this liability shall be limited to the invoice value of the agreement, or at least to that part of the agreement to which Energielabel Aldenhuijsen's liability relates. Under no circumstances shall the liability of Energielabel Aldenhuijsen exceed the amount that is paid out under Energielabel Aldenhuijsen's liability insurance policy in the case in question.
- If Energielabel Aldenhuijsen dissolves the agreement under this article, all claims against the buyer shall be immediately due and payable.
ARTICLE 8. | PRICES AND PAYMENTS
- Unless expressly stated otherwise, all amounts stated by Energielabel Aldenhuijsen, including those referred to in paragraph 2, are inclusive of VAT.
- If a change occurs in VAT rates or other government levies after the conclusion of the agreement but before the delivery of the products, Energielabel Aldenhuijsen is entitled to change the prices accordingly.
- Furthermore, Energielabel Aldenhuijsen is entitled to pass on to the buyer any price increases of cost-determining factors that become apparent after the agreement has been concluded, but before the delivery of the products.
- Without prejudice to the provisions in the previous two paragraphs, Energielabel Aldenhuijsen is entitled to change its prices at any time. The price changes referred to here shall not affect agreements already concluded.
- Unless expressly agreed otherwise, the price of the products, including all other costs existing in connection with the order, shall be paid in advance, in the manner prescribed by Energielabel Aldenhuijsen. In the event of prepayment, the purchaser cannot assert any rights.
- The energy label is delivered after the full agreed amount is in the account of Energielabel Aldenhuijsen.
- If the buyer decides to cancel the appointment, this can be done free of charge 24 hours before the appointment takes place. Within a 24-hour period, 50% of the agreed amount will be charged.
- If the buyer decides to abandon the energy label after we have visited the property, the buyer will still owe Energielabel Aldenhuijsen the full agreed amount.
ARTICLE 10. | COMPLAINTS PROCEDURE
- Complaints can be sent by e-mail to firstname.lastname@example.org or via our contacts page. After the complaint has been received by Energielabel Aldenhuijsen, we will respond to it as soon as possible.
ARTICLE 11. | FINAL PROVISIONS
- Any agreement and all legal relations between the parties resulting therefrom shall be governed exclusively by Dutch law.
- The parties will only resort to court after they have made every effort to settle the dispute by mutual agreement.
- Only the competent court within the district of Energielabel Aldenhuijsen's place of business is designated to take cognisance of disputes.
- The Dutch version of these terms and conditions shall always be decisive for their interpretation.