Terms and Conditions
GENERAL CONDITIONS FOR CADIER GARDENMAN
1.1 Gardener / landscaper: Cadier Tuinman
1.2 Landscaping / landscaping activities:
1.2.1 Carrying out activities for the construction of gardens for both indoors and outdoors. All works and activities performed in connection with the above activities will also be governed by the present conditions.
1.2.2 Carrying out work for the maintenance of gardens for both indoors and outdoors. All works and activities performed in connection with the above activities will also be governed by the present conditions.
1.2.3 Providing the necessary materials for the work referred to in Articles 1.2.1 and 1.2.2.
1.2.4 Providing advice, drawing up plans and / or budgets for the execution of these activities.
1.3 Client: any natural or legal person who orders a gardener / landscaper to carry out work and / or deliver goods, as described in Article 1.2.
1.4 Work accepted: the performance of work, which has been agreed between the client and the gardener at a predetermined total amount, excluding VAT.
1.5 Free or directional work: all activities as referred to in Article 1.2 which do not fall under those as described in Article 1.4 and which have been agreed between the client and the gardener, excluding VAT.
1.6 Hourly wages: the compensation for the provision of services during one hour by one person, excluding VAT. The client will be charged the total number of hours that the gardener has worked for him, including the time to move to and from work.
2.1 These conditions apply to all offers and / or to all agreements for the execution of work and / or purchase and sale.
3. THE OFFER / OFFER
3.1 Before a quotation is made, the gardener has the obligation to acquaint himself with all relevant information related to the execution of the work and the client has the obligation to provide the gardener with this information.
3.2 The gardener submits the offer in writing.
3.3 The quotation is dated and is irrevocable for 30 days after receipt, unless the quotation shows otherwise.
3.4 The offer contains a complete and accurate description of the goods to be delivered and / or the work to be performed based on the information provided by the client to the gardener in the first paragraph. This description must be sufficiently detailed to enable the client to properly assess the offer.
3.5 The gardener reserves the copyright on the designs, images, drawings and sketches provided with the quotation. Irrespective of whether drawing fees and copyrights have been charged separately, they remain the property and may not be copied, transferred to third parties, or otherwise used without express written permission.
3.6 If the order for the execution of the work is not given to the gardener, the quote complete with designs, images and drawings will be returned to the gardener within 14 days of the date of the decision.
3.7 Unless otherwise agreed in writing, the client will pay the actual drawing costs, if these were specified in the offer, to the gardener if the gardener was invited to do drawing work, but was not instructed to perform work and / or supply goods. will be given.
3.8 The offer states when the work will start and when the time of delivery is.
3.9.1 The offer provides insight into the price and into the price formation method used (contracted work, free or directing work).
3.9.2 A target price can be issued for free or directing work. If the final price is or threatens to be 25% or higher, the excess can only be charged after agreement with the client.
3.10 The offer states the method of payment.
4. THE AGREEMENT
4.1 An agreement for the acceptance of work, for the execution of free or directional work and / or for purchase or sale (with the exception of purchase or sale for cash payment) as well as addition and / or changes thereto, is concluded by accepting the offer by the client. This acceptance is, except for cash purchase or sale. Preferably in writing, especially for amounts above 1,200 EURO.
4.2 Written acceptance takes place because the client signs the offer for approval and then hands it over or returns it to the gardener, no later than 10 days after the date of the offer.
4.3.1 In the event of oral acceptance, the content of the quotation is deemed to accurately and completely reflect what has been agreed between the parties, unless the client has indicated in writing within 10 days of the quotation date that the content deviates of the agreed.
4.3.2 In this case, the gardener will prepare the offer again and paragraphs 2 and 3a will again apply.
4.4 The acceptance of the quotation is deemed to have been made, unaltered, if and at the moment that the client agrees to it, or clearly allows execution of the work to commence within 10 days of the quotation date.
4.5 Obvious errors or mistakes in prospectuses, leaflets and / or publications, images, drawings and mentioned data do not bind the gardener.
5. THE PRICE AND PRICE CHANGES
5.1 The price that the client must pay is agreed in advance. The price does not include VAT. Any packaging costs, transport costs or delivery costs have not been charged.
5.2 If a price change occurs within three months of the conclusion of the agreement but before the execution and / or delivery, this will not affect the agreed price. If these three months have passed but execution and / or delivery has not yet taken place, the client has the right to terminate the agreement in the event of a price increase.
5.3 The second paragraph does not apply to price changes arising from the law.
6. CHANGES ADOPTED WORK
6.1 Changes in the accepted work and / or (individual) deviations from the general terms and conditions must be agreed in writing and recorded in or in addition to the accepted offer.
6.2 All changes in accepted work, if a higher price would follow from this, should be regarded as additional work and insofar as a lower price would follow from this, as less work.
6.3 More and less work will be settled between the gardener and the client, without prejudice to the obligation to pay the principal.
7.1 The gardener guarantees that the goods sold comply with the agreement. If, in the context of the agreement, soil, topsoil, compost or sand, foundation or hardening material is supplied, these are in accordance with the legal requirements and geared to destination or user purpose.
7.2.1 Insofar as purchased goods are not available from stock, the gardener and the client may agree on a fixed or estimated delivery time.
7.2.2 Without prejudice to the provisions of Article 13, if a fixed date or period of delivery or execution of work has been agreed, the client is entitled to compensation for damage suffered by him if the work is exceeded.
7.2.3 Without prejudice to the provisions of Article 13, if a probable date has been agreed, execution / delivery will be carried out on or about the said (starting) date.
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7.2.4 If the expected date or period is exceeded by more than two days, the gardener has the right to agree a new date or period in writing with the client. The new agreed (initial) term is the same as the original with a maximum of four weeks.
7.2.5 If this new agreed term is exceeded, the client has the right, without notice of default or legal intervention being required, to dissolve the agreement in writing and / or to demand compensation for the damage suffered.
7.3 If, in the opinion of the gardener, the performance of work cannot be carried out in time due to weather or temporary site conditions, he has the right, without this entitling to compensation for damage, to suspend the work as long as those circumstances last.
8. APPLICABLE LAW
8.1 Completion of accepted work is understood to mean actual delivery to the client. The work is considered to have been completed: • either when the gardener has informed the client that the work has been fully executed or placed and that he has accepted the work; • or when no more than 10 days have passed after the gardener has notified the client in writing that the work has been fully executed or placed and the client has failed to accept the work within that period; • or when the client puts the work into use (or re-uses it), on the understanding that part of the work will be deemed to have been delivered when it is taken into use.
9. PAYMENT / DELAYED PAYMENT
9.1 Payment takes place in cash or a payment method guaranteed and accepted by the gardener, unless agreed otherwise in writing.
9.2 If payment has been agreed upon receipt of the invoice, this payment must be made within 14 days of the invoice date. For an amount up to 250 EURO, the gardener has the right to charge administration costs.
9.3 If payment in installments has been agreed, the client must pay in accordance with the installments and the percentages as laid down in the agreement.
9.4 The gardener has the right to oblige the client to pay in advance when purchasing. This is a maximum of 50% with a total price up to 1,000 EURO and a maximum of 40% with a higher total price.
9.5 The client is in default from the time that the agreed term has expired. After the expiry of that period, the gardener sends a payment reminder and indicates that he will pay within 7 days of receipt of this payment reminder.
9.6 The gardener will charge interest on the payment that has not been made in time from the expiry of the payment term until the day of receipt of the amount due. This interest is equal to the statutory interest.
9.7 If payment must be effected by third parties, collection costs will be charged to the client. The collection costs are 10% of the invoice amount with a minimum of 10 EURO. The collection costs can be increased by any legal costs.
10. RESERVATION OF PROPERTY
10.1 All delivered goods, insofar as they are not earth- or nail-tight, remain the property of the gardener, as long as these have not been paid or have not been paid in full.
11.1 Complaints about delivered goods will only be handled by the gardener if: • the proof of purchase can be submitted, showing that the goods have actually been purchased from the gardener concerned; • a complete and clear description of the complaint is submitted; • in case of visible defects; the complaint has been demonstrably submitted no later than 14 days after the invoice date;
• in case of invisible defects; the complaint has been demonstrably submitted no later than 14 days after the client has discovered the defect, or should reasonably have discovered it, but no later than 4 weeks after the delivery of the work or the last day of the execution of the work or the delivery of the goods , have been fully and clearly described to the gardener.
12.1.1 In the case of Article 7, paragraph 2b and c, the gardener is only obliged to compensate for damage that can be demonstrated by the client and is in such a way that the customer is exceeded, in view of the nature of the liability and the damage can reasonably be attributed to the gardener.
12.1.2 If the agreement concerns the delivery of goods in whole or in part, the following applies on delivery to the client: If damage to goods is found, the client must note this on the receipt. In addition, the client must report this to the gardener within two working days of delivery, failing which the client is deemed to accept the goods. If on delivery there is no opportunity to check the delivered goods, this must also be noted by the client on the receipt.
12.1.3 The client is also obliged to take all reasonable measures within reasonable limits that can prevent or limit the damage.
12.2 The right to compensation for damage lapses if it is not invoked in time, as described in these general terms and conditions.
12.3 The gardener is, with due observance of the provisions of this article, liable for damage caused by / during the execution of the agreement. The damage is reimbursed up to a maximum of EUR 450,000 per event, without prejudice to civil liability. For this purpose, the gardener takes out liability insurance for companies or professions for the amount stated.
13. FORCE MAJEURE
13.1 If delivery or execution of work due to force majeure cannot take place in whole or in part at one of the parties, this does not give the right to dissolve or reduce the total price or compensation. If force majeure lasts longer than 3 months, parties will make further agreements about the (further) execution of work / delivery and the total price.
13.2 If, in the opinion of the gardener, the performance of the work cannot be carried out at the time or in the period as originally provided for in the agreement due to weather or temporary terrain conditions, the gardener has the right to interrupt the work relating to it. as long as those circumstances continue. The gardener has the right to postpone the planting after the circumstances as referred to above have ended, if, in his opinion, this is necessary in the context of assessing whether the regrowth of living material is necessary.
14. DISPUTES SETTLEMENT
14.1 Disputes between the client and the gardener about the conclusion or the execution of agreements with regard to services and goods to be delivered or delivered can be submitted to the Green Disputes Committee by both the client and the gardener.
14.2 A dispute will only be handled by the Disputes Committee if the client has first submitted his complaint to the gardener, in accordance with Article 11.
14.3 No later than three months after the complaint has been submitted to the gardener, the difference must be submitted to the Disputes Committee in writing.
14.4 When the client submits a dispute to the Disputes Committee, the gardener is bound by this choice, if the gardener wishes to do so, he must ask the client in writing to state whether he agrees to this within five weeks. The gardener must thereby announce that after the expiry of the aforementioned period, he will consider himself free to submit the dispute to the ordinary court.
14.5 The Disputes Committee will make a decision with due observance of the provisions of the applicable regulations. The rules of the Disputes Committee will be sent on request. The decisions of the Disputes Committee are made by binding advice. A fee is payable for the handling of a dispute.
14.6 Only a Dutch judge or the aforementioned Disputes Committee is authorized to take cognizance of disputes.
15. APPLICABLE LAW
15.1 Dutch law applies to every agreement between the gardener and the client.
16. MODIFICATION AND PLACE OF CONDITION
16.1 These conditions have been deposited at the office of the Chamber of Commerce in 's Amsterdam?
16.2 The most recently deposited version and / or the version that applied at the time of the conclusion of the present assignment is always applicable.