Korte Dwarsweg 10
1191 LE Ouderkerk aan de Amstel
Chamber of Commerce registration 33158900
1.1 User of the general terms and conditions, hereinafter referred to as: Brouwer Services
1.2 Client: any (legal) person who has given an assignment to Brouwer Services to perform work and, in addition to this, his representative(s), authorized representative(s) and successor in title (n).
1.3Work: all work for which an order has been given or which are performed by Brouwer-Diensten on other grounds, all as stated in the order confirmation or all work that may be of use to the order given. These activities include, but are not limited to: carrying out cleaning, window cleaning and facade cleaning, all in the broadest sense of the word, for companies, individuals, municipalities, associations, administrators and institutions.
1.4 If Brouwer-Diensten acts as client: all its suppliers and/or subcontractors must observe the following house rules:
If there is subcontracting by so-called self-employed persons, these subcontractors must submit a valid Declaration of Employment Relationship (VAR), in the absence of this payment cannot be made. If there is subcontracting by subcontractors who are in possession of personnel, these subcontractors must make their G account known to Brouwer-Diensten and payment will be made on the basis of the legal standards that apply to the law on chain liability.
1.5Secondment of personnel: Brouwer-Diensten selects the force and/or forces to be employed, on the basis of the qualities and skills known to Brouwer-Diensten on the one hand and the information provided by the client to Brouwer-Diensten regarding the assigned activities on the other hand . Brouwer-Diensten is entirely free to choose the person or persons it employs on request. When selecting candidates, Brouwer-Diensten observes the utmost accuracy. The client is obliged to ensure before or immediately after the work whether the seconded worker meets expectations.
1.6Consignment and/or storage: materials, installations and/or equipment owned by third parties must be insured by the owner/third parties themselves, as Brouwer-Diensten accepts no liability for loss or damage.
1.7 Burdens and restrictions: The client expressly accepts the burdens and restrictions, or the damage resulting from practical or physical measures that must be taken on the adjacent plots to ensure the progress and realization of the work to be performed.
2.1 With the filing of these General Terms and Conditions at the Chamber of Commerce in Amsterdam, all previous terms and conditions of Brouwer-Diensten have expired.
2.2 These general terms and conditions apply to all agreements concluded between Brouwer-Diensten and the client. The present terms and conditions also apply to all agreements of Brouwer-Diensten, for the implementation of which third parties must be involved. All assignments are only carried out under the following conditions, unless expressly agreed otherwise.
2.3 Agreements with staff and/or third parties are not binding on Brouwer Services, unless confirmed in writing by Brouwer Services.
2.4The client acknowledges the applicability of these General Terms and Conditions by the mere fact of giving an order to Brouwer-Diensten, of whatever nature, unless these terms and conditions have been expressly rejected by the client in writing. A mere reference by the client to its own terms and conditions or a standard clause on the stationery or in the client’s own terms and conditions containing the exclusive effect of these own terms and conditions is not sufficient for this.
2.5If deviating stipulations have been agreed with regard to certain subjects regulated in these general terms and conditions, the present general terms and conditions will otherwise remain in force on that agreement. Agreed deviations never apply to more than one assignment, unless confirmed in writing each time.
2.6 Conditions, stipulations, etc. agreed with agents, representatives or other intermediaries, which deviate from these conditions are only binding on Brouwer-Services if they have been expressly confirmed by it in writing.
3.1 Unless expressly agreed otherwise, all offers are without obligation and are valid for 30 days after date. Brouwer-Diensten is only bound after it has confirmed the order in writing.
3.2 If no fixed price has been agreed, the price will be determined on the basis of the hours actually spent.
3.3 All prices quoted by Brouwer Services are exclusive of VAT, unless expressly stated otherwise on the order confirmation.
3.4Changes to quoted prices, without prior notice and also after sending the order confirmation, are expressly reserved; for example, Brouwer-Diensten will be entitled to pass on any increase in wages, employer’s social security contributions, as well as increases in other rates, which are cost-increasing for Brouwer-Diensten, to the client.
4.1 An order is deemed to have been placed after the order confirmation has been signed and/or if Brouwer-Diensten has commenced the verbal agreement provided by the client.
4.2 Changes to the execution of an order that are still required by the client after an assignment has been given must be notified to Brouwer-Diensten in good time and in writing. If they are stated orally or by telephone, the risk of implementation of the change is borne by the client, unless these changes have been confirmed in writing by Brouwer-Diensten.
4.3If the client cancels the order given in whole or in part, he is bound to reimburse Brouwer-Diensten for all costs reasonably incurred with a view to the execution of this order.
4.4 Changes to the original assignment, of whatever nature, made in writing or orally by or on behalf of the client, which cause higher costs than could be counted on in the quotation and/or order confirmation, will be charged extra to the client.
4.5 Changes and/or cancellations of orders given are only binding on Brouwer-Diensten after written acceptance.
4.5 Changes and/or cancellations of orders given are only binding on Brouwer-Diensten after written acceptance.
4.7 In the event of termination of an assignment for an indefinite period, each of the parties must observe a notice period of at least three months by means of a registered letter.
4.8 An assignment for an indefinite period of time will be extended each time for a period of at least 1 year, with due observance of the provisions of Article 4.7.
4.9 All assignments other than those given for an indefinite period end with their completion or at the time to be determined by the parties, unless agreed otherwise.
4.10The client is not permitted to enter into an employment contract in any way with Brouwer-Diensten employed by or on behalf of Brouwer-Diensten at the client or during a period of six months after the end of the assignment, either during the execution of the assignment or during a period of six months after the assignment has ended. third parties involved in the assignment for the client on behalf of Brouwer-Diensten, under penalty of a fine not subject to moderation of € 2000.00 (in words: two thousand euros) for each violation per week that the violation continues.
4.11 The assignment is based on the quantity, occupancy, inventory and use of the object present, stated or assumed when the work was taken up.
4.12If the circumstances referred to in 4.11 change during the assignment, Brouwer-Diensten is entitled to make a price adjustment in consultation with the client.
4.13 If during the term of the assignment changes take place in, for example, wages and/or other costs, as a result of changes in the collective labor agreement concerned, or as a result of laws, decisions and/or government orders, or if changes take place in the costs a price adjustment will take place for used auxiliary materials, materials and the like, in principle in accordance with the maximum price adjustment permitted by the Ministry of Economic Affairs by written decision. 4.14Offers relate exclusively to what is described in the offer/order confirmation. Prices are exclusive of all activities not described in the quotation/order confirmation.
5.DELIVERY AND EXECUTION OF THE ORDER
5.1 In the event of the provision of data by the client, Brouwer-Diensten is not liable for the incompleteness of the supplied data, except in the event of fault or intent on the part of Brouwer-Diensten, to be proven by the client.
5.2 Each partial delivery, which also includes the delivery of parts of a composite order, can be invoiced, in which case that partial delivery is regarded as a separate transaction: in such a case, payment must be made in accordance with the provisions of Article 10.
5.3 Delays or delays are not at the expense of Brouwer-Diensten, unless caused by its fault, all this without prejudice to the provisions of Article 5.1.
5.4Execution of an assignment takes place within the usual, scheduled time. If an order needs to be expedited, overtime and/or other possible additional costs may be charged. The client gives Brouwer-Diensten some leeway with regard to the term of execution. The term is only considered irrevocable and fatal if the client has informed Brouwer-Diensten in writing about the consequences of a delay when giving the order and this matter has been confirmed in writing by Brouwer-Diensten.
5.5If the client does not strictly comply with any obligation arising from an agreement with Brouwer-Diensten or if during the execution of an assignment or after it should appear that the client has provided or withheld incorrect information, Brouwer-Diensten has the right to to suspend all obligations towards the client and even to regard all agreements with the client as dissolved in whole or in part, without notice of default and/or judicial intervention being required, while retaining its right to compensation. That which is owed by the client to Brouwer-Diensten becomes immediately due and payable.
5.6Brouwer-Diensten is entitled, without notification to or consultation with the client, to outsource the assignment or parts thereof to third parties or to have them performed by third parties, if, in the opinion of Brouwer-Diensten, this promotes a proper or efficient execution of the assignment.
5.7 Brouwer-Diensten undertakes to carry out the work assigned to it to the best of its knowledge and ability, but it does not accept any liability for failure to achieve the goal intended by the client.
5.8If during the execution of an assignment accepted by Brouwer-Diensten it appears that the assignment cannot be performed due to circumstances unknown to Brouwer-Diensten or due to force majeure, Brouwer-Diensten has the right to demand that the assignment be changed in such a way that its implementation becomes possible. The costs incurred more or less as a result of such a change will be settled between the parties, while the client is obliged to reimburse the work already performed by Brouwer Services, but which ultimately proved to be useless.
5.9If the client has Brouwer-Diensten materials or tools required for the performance of the assignment under its care, the client is responsible for these materials and tools. In the event of loss or damage, Brouwer-Diensten has the right to charge this to the client.
5.10 The client undertakes to provide the water, electricity and gas required for the work free of charge.
5.11 Waiting hours that arise through no fault of Brouwer Services will be charged to the client in a reasonable manner.
6.EXCEEDING DELIVERY PERIOD
6.1 If the progress in the execution of the work is delayed due to the fault of the client or due to force majeure on his side, the client is obliged to pay Brouwer-Diensten on the part of the assignment that has already been paid, in proportion to the amount already completed, as well as for the entire assignment. to pay costs to Brouwer-Diensten.
6.2 The periods agreed with Brouwer-Diensten can never be regarded as strict deadlines by the client, unless the contrary has been expressly agreed in writing.
6.3Disruptions in the company as a result of force majeure (force majeure includes: illness and/or incapacity for work, extreme weather conditions (such as heavy rainfall and frost there), war, mobilization, riots, floods, closed shipping and other transport disruptions , stagnation in, or limitation or termination of supplies by public utilities, fire, machine breakdown and other accidents, strikes, lockouts, action by employee organizations making production impossible, government measures, non-delivery of necessary materials and semi-finished products to Brouwer- Services by third parties and other unforeseen circumstances, also in the country of origin of the materials and/or semi-finished products,which disrupt the normal course of business and delay the execution of an assignment or make it reasonably impossible) release Brouwer-Diensten from the agreed term or from the performance obligation, without the client being able to assert any right or compensation for costs, damage or interest on that account .
6.4 In the event of force majeure, Brouwer-Diensten will immediately notify the client thereof. If the delivery term is exceeded to such an extent that the client cannot reasonably be required to maintain the agreement, the client is entitled to cancel the order in question, provided that the client notifies Brouwer-Diensten of this in writing. Without prejudice to Brouwer-Diensten’s right to still carry out the relevant assignment within four weeks after receipt of the aforementioned notification. The Client may demand that Brouwer-Diensten decides immediately whether or not it wishes to make use of this right. . All this, however, with the obligation to reimburse Brouwer-Diensten for the work already carried out.
7. COMPLAINTS AND WARRANTY
7.1 Complaints are only possible in writing and/or by telephone within 48 hours after the assignment has been carried out . Brouwer-Diensten is not liable for printing, writing and/or counting errors and/or ambiguities in quotations, order confirmations and/or prospectuses, nor for the consequences thereof. In the event of a difference in the interpretation of offers, order confirmations or prospectuses, the explanation of Brouwer-Diensten is binding.
7.2 Brouwer-Diensten accepts no responsibility whatsoever for defects caused by or arising in the delivered goods through the fault or actions of the client or third parties, or due to external causes.
7.3Brouwer-Diensten has no more obligations than those arising from this chapter, in particular Brouwer-Diensten will not be liable under any circumstances for direct or indirect damage or other consequential damage, which may arise due to incorrect or late execution of the assignment.
7.4 A complaint with regard to certain work or deliveries does not suspend the payment obligation of the client with regard to that or other work/deliveries.
7.5 Defects in a small quantity of delivered goods do not entitle the entire batch to be rejected. A maximum of 5% of the total amount is considered a small amount.
7.6Brouwer-Diensten is never obliged to provide a further guarantee on delivered goods than the guarantee provided to Brouwer-Diensten by the manufacturer of the delivered goods. Brouwer-Diensten will state all other guarantee provisions in its offer or order confirmation.
7.7 The Client will never be able to demand dissolution of an agreement on account of complaints or defects.
8.1 Brouwer-Diensten bears no liability whatsoever for any damage, by whatever name and by whatever cause, other than as a result of intent or gross negligence to be proven by the client and then only up to a maximum of the amount of the amount paid by Brouwer-Diensten. activities to be performed, or a proportionate part thereof.
8.2 The Client is obliged to indemnify and hold harmless Brouwer Services against all claims for compensation that third parties bring against Brouwer Services in respect of damage caused by or with the services provided with the Brouwer Services.
8.3If a client acts for the account of two or more natural or legal persons, these persons are each jointly and severally liable for the fulfillment of the obligations arising from the agreement.
8.4 Brouwer-Diensten reserves the right to communicate with the client and third parties by using means of communication such as the Internet, e-mail and mobile phone; Brouwer-Diensten cannot guarantee any infringement thereof by third parties. Brouwer-Diensten is not liable for any damage suffered or to be suffered by the client as a result of such a breach of communication.
8.5Advice is provided by Brouwer-Diensten to the best of its knowledge and in good faith, but Brouwer-Diensten does not accept any liability for loss or damage, resulting directly or indirectly from the content of the advice it has given.
8.6 Nor does Brouwer-Diensten accept any liability for errors or imperfections as a result of the supply by the client of incorrect data and/or goods, as well as as a result of the non-processing of data which have not been expressly communicated or made available to Brouwer-Diensten .
8.7 Under no circumstances will Brouwer-Diensten be responsible for direct or indirect damage, other than due to its own intent or gross negligence, to be proven by the client.
8.8Brouwer-Diensten is not liable for consequential damage, such as damage consisting of lost profit or reduced revenue of the client or client of the client.
8.9 Brouwer-Diensten does not accept any liability for the spillage or leakage of used aggressive substances and/or chemicals, which are used for the performance of the assignment, other than as a result of its own intent and/or gross negligence, to be proven by the client and then only up to a maximum of the amount of the work performed by Brouwer-Diensten, or a proportionate part thereof.
8.10 Brouwer-Diensten does not accept any liability for damage caused by structural defects.
8.11Brouwer-Diensten does not accept any liability for costs incurred when the alarm goes off, unless a code and/or manual has been made available to Brouwer-Diensten by the relevant companies or authorities.
8.12 If Brouwer-Diensten lends equipment or tools to third parties, Brouwer-Diensten does not accept any liability for damage caused by the user to whom the equipment and/or tools have been lent.
8.13The liability of Brouwer-Diensten is at all times limited to the amount that it receives from its insurance company. If, for whatever reason, the insurance company does not pay out, the liability of Brouwer-Diensten is at all times limited to a maximum amount of € 500.00 (in words: five hundred euros).
8.14 Brouwer-Diensten does not accept any liability for scratches, stains and defects arising during construction work.
8.15 The keys made available to Brouwer-Diensten are kept by Brouwer-Diensten with due care, but Brouwer-Diensten does not accept any liability as a result of loss or theft of the keys made available by the client.
8.16 When new construction projects are delivered by Brouwer-Diensten, the client is responsible for the removal of residual materials, unless expressly agreed otherwise.
8.17 Brouwer-Diensten cannot be held liable for damage resulting from old age, wear and/or overdue maintenance, etc. to the part/project to be cleaned.
8.18 Damage resulting from poor accessibility, including, for example, an uneven or unpaved surface with regard to material sinking/falling over, etc., will also not be reimbursed by Brouwer-Diensten.
9.RETENTION OF TITLE
9.1 Notwithstanding the actual delivery, the ownership of the goods to be delivered will only transfer to the client if it has fulfilled all the following obligations under all agreements concluded with Brouwer-Diensten: the consideration(s) with regard to the delivered goods themselves; the consideration(s) with regard to services performed or to be performed by Brouwer-Diensten under the agreement(s) any claims due to non-compliance by the client with (an) agreement(s).
9.2Brouwer-Diensten is at all times entitled to remove the delivered goods from the client or its holders, if the client fails to fulfill its obligations towards Brouwer-Diensten. The Client must cooperate in this respect under penalty of a fine of € 500.00 (in words: five hundred euros) for each day that it remains in default.
9.3 Brouwer-Diensten is permitted to take photos of the assignments, whether or not provided by third parties, and to use these photos for promotional purposes, unless agreed otherwise in writing.
10.1 If the execution of an order extends over a period longer than one month or if the amount involved in the order qualifies for this in the opinion of Brouwer-Diensten, it may demand payment or advance payment or payment in installments. Brouwer-Diensten is entitled, irrespective of the agreed payment condition, to demand sufficient security for payment in advance or during the execution of an assignment.
10.2 All payments must be made within thirty days of the invoice date for companies and institutions and cash for private individuals, unless otherwise agreed, net without any deduction in Euro currency.
10.3If a longer period of credit than thirty days after the invoice date is agreed to or if it is wrongly taken, the client owes interest on the invoice amount of 1% per month or part of a month. If and insofar as the statutory interest due is higher or lower than the aforementioned percentage, the statutory interest will be calculated.
10.4 All costs, both judicial and extrajudicial, which Brouwer-Diensten must incur to enforce its rights, are for the account of the client. These costs amount to at least 15% of the amount involved with a minimum of € 125.00 (in words one hundred and twenty-five Euro).
10.5If the client has the assignment performed by Brouwer-Diensten as a subcontractor, the client will, at the first request of Brouwer-Diensten, assign its claim(s) against third parties resulting from this transaction to Brouwer-Diensten. The Client hereby grants Brouwer-Diensten an irrevocable power of attorney to collect the relevant claim(s).
10.6 Irrespective of what has been determined with regard to the payment term in paragraph 2 of this article, Brouwer-Diensten has the right to demand cash payment or to demand that the client provides security for the payment, or a part to be determined by Brouwer-Diensten of the agreed price in advance.
10.7A complaint with regard to certain work does not suspend the payment obligation of the client with regard to the work or other work.
10.8If installment payments have been agreed between the parties, these must be paid each time and no later than eight days on which Brouwer-Diensten has sent or sent the relevant installment invoice to the client in accordance with the agreement. If the client remains in default of payment in installments, Brouwer-Diensten is entitled to suspend the relevant work until the payment term due has been paid, provided that it has given the client written notice of default and seven days have passed after the day of the notice of default. The provisions of the previous sentence do not affect the right of Brouwer-Diensten to compensation for costs and damage, according to points 10.3 and 10.4 of these General Terms and Conditions.
10.9The client is at all times obliged to pay each invoice submitted by Brouwer-Diensten with due observance of the payment specifications stated therein. If an invoice submitted by Brouwer-Diensten states as a payment specification that a percentage of the total invoice amount must be paid into a so-called blocked account (G account) and that the then remaining percentage of the total invoice amount must be paid on a so-called free account of Brouwer-Diensten, the client is bound to comply with the above. Insofar as the client’s payments do not or only partially comply with the payment specifications, these payments are not yet liberating; Brouwer-Diensten is also entitled to act in accordance with points 10.3 and 10.
11.1 All costs of the help and/or cleaning agents required for the performance of the agreement are included in the price. Brouwer-Diensten is free in its choice of aids and/or cleaning agents, unless agreed otherwise.
11.2 When cleaning windows on the outside of the object or building, Brouwer-Diensten is permitted to make free use of facilities such as suspended scaffolding, walkways, etc., if present.
11.3 The client undertakes to provide as many lockable spaces as possible, for example tool cabinets for material storage, free of charge.
11.4If Brouwer-Diensten has to make use of equipment made available e.g. suspended scaffolding, walkways, etc. etc., Brouwer-Diensten is entitled not to carry out the work if the equipment made available does not meet the applicable inspection requirements or safety standards, c.q. Brouwer-Diensten is entitled to charge the costs already incurred to the client, which the client owes to Brouwer-Diensten becomes immediately due and payable.
11.5 Brouwer-Diensten does not accept any liability for damage caused by loaned equipment that is made available to third parties and/or equipment that is used improperly.
11.6If the client uses equipment owned by Brouwer-Diensten and damage is caused to the equipment, Brouwer-Diensten is entitled to charge the client for the damage.
11.7 Change of contract and employment: Brouwer-Diensten will remunerate its personnel in accordance with the applicable collective labor agreement provisions. He will make all deductions and payments for wage tax, social security contributions, state pension. etc. Brouwer-Diensten indemnifies the client against all claims in this regard.
12.1 A dispute exists as soon as one party declares that this is the case.
12.2 All agreements and transactions of Brouwer-Diensten with the client are governed exclusively by Dutch law.
12.3 All disputes, by whatever name, will be subject to the judgment of the competent Dutch court, to the exclusion of all other arbitrating, advisory and judicial bodies.
13.1 In all cases not covered by these General Terms and Conditions, the decision rests exclusively with Brouwer-Diensten.
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