GENERAL TERMS AND CONDITIONS

Adopted by the Vakgroep GLAS [Glass Section] of Bouwend Nederland [the Dutch Construction and Infrastructure Federation] and filed with the Registry of the District Court of Amsterdam, the Netherlands, under number 21/2019.

Clause 1 Definition

Counterparty’ will mean both the party which, acting in the capacity of practising a profession or operating a company, has accepted or may be presumed to have accepted in any way the applicability of these General Terms and Conditions as well as the Consumer. 

“Other party” means the person who has accepted, or may be assumed to have accepted the validity of these General Terms and Conditions in any way. 

“Consumer” means a natural person who does not act in the course of a profession or business and who has also accepted, or may be assumed to have accepted, the validity of these General Terms and Conditions in any way. All stipulations included in these General Terms and Conditions apply to agreements between the user and a consumer, unless explicitly stipulated otherwise. 

Clause 2 General; offers and confirmations
Clause 3 Prices

The price offered to consumers is always inclusive of Netherlands VAT

Clause 4 Delivery; delivery time and transport

For Consumers:

The User will always be free to select the means of transport. The User will be entitled to charge an amount of at least €50, inclusive of VAT, to the Consumer for transport. If the Consumer designates a transporter and the User does not offer this transporter as one of the options, the glass will be transported at the Consumer’s expense and risk in each case.

For Consumers: The Consumer will bear the risk for the item from the time that the Consumer or a third party designated by it (which is not the transporter) has received the item.

Clause 5 Packaging
Clause 6 Complaints A. General

-inaccuracies in the constructions and working method required by the consumer;

-known flaws in the (im)movable goods on which the work is performed;

– flaws in the materials or auxiliary materials made available by the consumer or their 

unsuitability;

    inaccuracies in respect of the work instructed, including the performance of work on a faulty  

     base. 

With regard to those other than consumers, the user is explicitly not under the above obligation. 

-inaccuracies in the work instructed;

-inaccuracies in the constructions and working method required by the consumer;

-flaws in the (im)movable goods on which the work is performed; 

-flaws in the materials or auxiliary materials made available by the consumer.

B. Complaints related to quality

upon, must be communicated to the user by registered letter within 8 days from receipt of the items, in the absence of which it cannot enforce any right against the user. 

For Consumers:

A complaint by the Consumer that the items delivered do not conform to the agreed quality must be brought to the User’s attention within a reasonable period after the Consumer discovered or should have discovered this, but in any event within 10 days after delivery. A Consumer may not claim that the item does not conform to the agreement if it was aware or reasonably could have been aware of this when the agreement was entered into.

Complaints by the other party which entail that the items delivered fail to meet the quality agreed

replace the originally delivered items by items of the quality agreed upon. At his discretion, the user shall also have the right to remedy the item or to proceed to crediting of the relevant invoice. Consequently, the other party shall not be able to enforce a right to terminate the agreement. Any other or further liability of the user is ruled out. 

For Consumers: Only in cases where repair or replacement is impossible or cannot be required of the User, will the Consumer not be entitled to have the delivered items repaired or replaced. This will be the situation if the costs of this are not proportional to the costs of exercising another right or asserting another claim which the Consumer has. The Consumer may only rescind the agreement (in whole or in part) if repair or replacement is impossible or cannot be required of the User. 

C. Other complaints

Complaints by the other party regarding the way the user fulfils the agreement which do not relate to the quality of that delivered, must be communicated to the user in such time and manner that the user can ascertain whether the complaint is correct, in the absence of which the other party shall not be able to enforce any right against the user in this respect.   

If such flaw is not stated in the document mentioned above, the other party cannot derive any rights from the flaws referred to in this clause. 

For Consumers:

The Consumer must notify the User of the defects referred to in this Article within a reasonable period after the Consumer discovered or reasonably should have discovered these, but in any event within 10 days after delivery.

Clause 7 Payment

The other party shall undertake to pay the invoices of the user within 30 days from the invoice date without deducting any discount. Payment shall take place without settlement or suspension for whatever reason and without the other party being allowed to block its payment obligation by means of an attachment by the other party in respect of a counterclaim against its creditor or otherwise. A discount for prompt payment of 3% will be computed in the invoices, which may exclusively be deducted if the invoice amount is paid in time. On payment within 8 days from the invoice date, a 1% discount may be applied to the net invoice amount. However, the user shall always be entitled to demand cash payment before or on delivery of the items, such without stating reasons. 

allowed a final term of fourteen days in which he can still pay. The consequences of nonpayment will also be pointed out to the Consumer, as to which nonpayment the User will claim statutory interest and compensation for the outofcourt costs in accordance with Section 6:96 of the Dutch Civil Code [Burgerlijk Wetboek], while indicating the amount of these costs. 

Clause 8 Security and Retention of Title

f there is good reason to fear that the other party will not fulfil its obligations under the agreement, the user shall have the right to require that it forthwith provides adequate security for the fulfilment of its duties in the form desired by the user on the latter’s demand, especially with regard to the payment of the price agreed. Non-compliance with a written demand to that effect, shall give the user the right to suspend fulfilment of his obligations or terminate the agreement, without prejudice to his right to compensation. 

Clause 9 Items provided for keeping, treatment or processing
Clause 10 Dimensions, weights and measures
Clause 11 Force Majeure
Clause 12 Risk distribution on contracting for work
Clause 13 Safety at the construction site
Clause 14 Measurements and other data
Clause 15 Extra work, less work
Clause 16 Loss and liability
Clause 17 Guarantee multi-sheet insulating glazing
Clause 18 Additional stipulations with regard to fitting work
Clause 19 Legal Provisions
Clause 20 Prescription
Clause 21 Applicable law; competent court
Clause 22 Privacy