General terms and conditions of RS elektro-werk.nl B.V. filed with the Chamber of Commerce in Eindhoven
Version: 241125-1. Doc no: 111107-1
1. Applicability
1.1 These general terms and conditions apply to all offers, quotations, agreements and services provided by RS elektro-werk.nl B.V., registered with the Chamber of Commerce under number 42096747.
1.2 Deviations from these terms and conditions are only binding if agreed in writing.
1.3 Any general terms and conditions of the customer are expressly rejected, unless otherwise agreed in writing.
2. Offers and Agreements
2.1 All quotations and price estimates provided by RS elektro-werk.nl B.V. are subject to change without notice, unless expressly stated otherwise. The final costs may differ by up to 20% from the quoted price, depending on unforeseen circumstances or changes to the order.
2.2 An agreement is concluded at the time the customer receives a written or email confirmation from RS elektro-werk.nl B.V. or when RS elektro-werk.nl B.V. has commenced the performance of the services.
3. Prices and Payment
3.1 All prices quoted are exclusive of VAT unless otherwise indicated.
3.2 Payment must be made within 7 days of the invoice date,
For business customers within 30 days of invoice date, unless otherwise agreed in writing.
3.3 If the customer fails to pay on time, RS elektro-werk.nl B.V. is entitled to charge statutory interest and extrajudicial collection costs.
3.4 RS elektro-werk.nl B.V. reserves the right to request a deposit for large orders or to invoice in instalments.
4. Execution of the Assignment
4.1 RS elektro-werk.nl B.V. shall perform the work to the best of its ability and in accordance with the requirements of good workmanship.
4.2 RS elektro-werk.nl B.V. is entitled to engage third parties for the execution of the assignment, if this is deemed necessary by RS elektro-werk.nl B.V. for a correct execution.
4.3 The customer shall ensure that all necessary information and access are available in time to carry out the work.
4.4 The customer must ensure that the workplace is safe and tidy.
4.5 Any delays caused by 4.3 and 4.4, failure to meet this obligation shall be borne by the customer.
5. Changes to the Assignment
5.1 If, during the execution of the assignment, it appears that changes or additions are necessary, the parties shall consult and agree in writing on the consequences this will have for the price and delivery period. If the additional costs exceed €200 excluding VAT.
5.2 Work that falls outside the original assignment will be charged as additional work at the then current rates.
6. Completion and approval
6.1 Upon completion of the work, RS elektro-werk.nl B.V. will inform the customer that the work has been finished.
6.2 Within 2 working days of completion, the customer must notify RS elektro-werk.nl B.V. in writing or by email as to whether the work has been approved.
6.3 If the customer has made no comments within this period, the work shall be deemed approved.
7. Liability
7.1 RS elektro-werk.nl B.V. is solely liable for direct damage resulting from intent or gross negligence in the performance of the work.
7.2 The liability of RS elektro-werk.nl B.V. is limited to the amount paid out by the insurance. If the insurance does not provide cover, the liability is limited to the invoice amount for the work concerned.
7.3 RS elektro-werk.nl B.V. is not liable for indirect loss or damage, such as consequential loss, loss of profit or business interruption loss.
7.4 Limitation of liability
RS elektro-werk.nl B.V. is not liable for damage arising directly or indirectly from work carried out with due care and professionalism, unless there is intent or gross negligence on the part of RS elektro-werk.nl B.V.
8. Warranty
8.1 RS elektro-werk.nl B.V. offers a 12-month warranty on the work performed, unless agreed otherwise in writing.
8.2 The warranty is void if the customer makes adjustments to the delivered services or products themselves without written permission from RS elektro-werk.nl B.V.
9. Force majeure
9.1 RS elektro-werk.nl B.V. is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.
9.2 Force majeure is understood to mean: any circumstance independent of the will of RS elektro-werk.nl B.V. that temporarily or permanently prevents fulfilment of the agreement, including strikes, disruptions in the supply of electricity or materials, government measures and natural disasters.
10. Suspension and Dissolution
10.1 RS elektro-werk.nl B.V. is entitled to suspend the performance of the assignment or to dissolve the agreement if the client fails to fulfil its obligations, fails to do so on time, or fails to do so in full.
10.2 Rescission leaves the right of RS elektro-werk.nl B.V. to damages unaffected.
11. Transport and waste
11.1 The client is responsible for providing vertical transport options for materials and tools required to carry out the work, unless otherwise agreed in writing.
11.2 The removal of waste, rubble and other residual materials resulting from the activities of RS elektro-werk.nl B.V. shall be for the account and responsibility of the client, unless agreed otherwise in writing.
12. Applicable law and disputes
11.1 Dutch law applies to all agreements between RS elektro-werk.nl B.V. and the customer.
11.2 Disputes shall be submitted exclusively to the competent court in the district where RS elektro-werk.nl B.V. has its registered office.