Article 1 โ Definitions
In these terms and conditions, the following definitions apply:
- AZGS: AZ Grand Solutions, registered at Alpenstraat 12, 3446 DN Woerden, entered in the Dutch Chamber of Commerce under number 88039935, acting as contractor under these terms.
- Client: the natural person not acting in the course of a profession or business who enters into or wishes to enter into an agreement with AZGS (consumer).
- Work: all activities to be performed by AZGS in the areas of finishing (including drywall, interior painting, parquet, tiling) and installations (including plumbing, heating, underfloor heating, and electrical), including any materials, as described in the agreement.
- Agreement: the agreement entered into between AZGS and the client for the contracting of work or provision of services, as well as any amendment or addition thereto.
- Quote: any written or digital offer from AZGS to the client to enter into an agreement.
- Emergency service: the 24/7 service offered by AZGS for urgent faults and incidents, including water leaks, heating faults, electrical faults, and drain unblocking.
Article 2 โ Applicability
- These terms and conditions apply to all quotes, offers, agreements, and other legal relationships between AZGS and the client, unless the parties have expressly agreed otherwise in writing.
- Deviations from and additions to these terms are valid only when AZGS has expressly confirmed them in writing.
- If one or more provisions of these terms are wholly or partly null or voided, the remaining provisions remain in full force. In that case, AZGS and the client will consult to agree on a replacement provision that stays as close as possible to the purpose and intent of the original, respecting the mandatory consumer-law rules.
- These terms are specifically intended for agreements with consumers (B2C).
Article 3 โ Quotes and offers
- All quotes and offers from AZGS are without obligation unless the quote states a period for acceptance.
- Unless otherwise stated, a quote is valid for 14 days from its date. After this period, the client can no longer derive rights from the quote.
- Quotes to consumers are drawn up in euros and, unless otherwise stated, include VAT and other government-imposed charges.
- The quote contains a clear description of the work and โ as far as possible โ an indication of the materials to be used. The description is sufficiently detailed to allow the client to properly assess the offer.
- Obvious errors, typos, or calculation mistakes in quotes or other communications from AZGS do not bind AZGS.
Article 4 โ Formation of the agreement
- The agreement takes effect when the client has accepted the AZGS quote in writing or by email, or when the parties have signed a written agreement.
- If the client's acceptance differs from the offer in the quote, the agreement only takes effect once AZGS has agreed to the deviation in writing.
- Verbal agreements and commitments bind AZGS only to the extent that AZGS has confirmed them in writing or by email.
Article 5 โ Prices and payment
- Unless expressly stated otherwise, the prices stated in the quote or agreement for consumers include VAT and other government-imposed charges.
- Payment must be made within 14 days of the invoice date, in the manner specified by AZGS, unless a different payment term has been agreed in writing.
- For larger works or projects, AZGS is entitled to require a deposit or payment in installments โ for example, an advance payment, one or more partial invoices during execution, and a final payment on delivery. This is set out in the quote or agreement.
- If unforeseen circumstances arise during the work that require additional work or costs (for example due to hidden defects or necessary adjustments), AZGS will inform the client as soon as possible. Any price adjustments are handled as additional work under Article 7.
- If the client does not pay within the agreed term, they are in default โ after a free payment reminder and after a further reasonable term has elapsed. From that point, statutory interest may be claimed and reasonable extrajudicial collection costs may be charged, in accordance with the statutory consumer rules.
- The client is not entitled to suspend or offset payments, unless there is a mandatory-law basis for doing so.
Article 6 โ Execution of the agreement
- AZGS will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of proper craftsmanship. The work constitutes an obligation of best efforts, not a guaranteed result, unless expressly agreed otherwise.
- Unless otherwise agreed, AZGS decides how and by which employee(s) or engaged third party(ies) the work is carried out. AZGS may, in consultation with the client, engage subcontractors for (parts of) the work.
- AZGS will use sound materials suited to the nature of the work and the agreed quality level. If the client wishes to use specific brands or materials, this is only applied when expressly agreed; any additional costs may be passed on to the client.
- The client ensures that AZGS has timely access to the site where the work is carried out, that the site is safe and accessible, and that the required connections (such as electricity and water) are available, unless otherwise agreed.
Article 7 โ Changes and additional work
- If during execution of the work it becomes apparent that proper performance requires additional or modified work, AZGS and the client will consult on it. Such changes may affect the agreed price and timelines.
- Additional work is the performance of extra work not included in the original quote or agreement. Additional work is always discussed with the client in advance and, as far as possible, confirmed in writing or by email, including an indication of the extra cost and any impact on the schedule.
- Reduction of scope (cancellation of previously agreed work) is settled on the basis of the costs saved. AZGS may charge reasonable costs for preparatory work already performed and materials already purchased.
- Changes to the assignment may mean that the originally agreed delivery term is adjusted. AZGS will inform the client of this in good time.
Article 8 โ Delivery
- The work is considered delivered when AZGS has informed the client that the work is complete and the client has approved it, or when the client has effectively taken the work into use.
- Minor defects that can be remedied within a reasonable period and do not prevent the use of the work are not grounds for refusing delivery. Such defects are recorded by mutual agreement and remedied by AZGS within a reasonable period.
- The client must report any visible defects or shortcomings to AZGS as soon as possible, preferably during or immediately after delivery. Such reports are preferably confirmed in writing or by email.
- After delivery, the risk of the work passes to the client, without prejudice to any applicable warranties and statutory rights.
Article 9 โ Warranty and conformity
- The statutory rules on conformity and non-conformity apply to the work and materials delivered: what is delivered must meet the agreement and the legitimate expectations the client may have of it based on that agreement.
- If defects come to light after delivery that the client could not reasonably have discovered at delivery (hidden defects), the client must report them to AZGS within a reasonable period after discovering them or after they should reasonably have been discovered. AZGS is then given a reasonable period to remedy the defects.
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Warranty and liability do not apply to defects resulting from:
- normal wear and tear;
- improper or inappropriate use by the client;
- modifications or repairs not carried out by or on behalf of AZGS;
- failure to follow instructions or maintenance guidelines, or not following them correctly;
- external causes, such as water damage, fire, leaks, or other circumstances beyond AZGS's control.
- The rights of the client set out in this article do not affect the mandatory statutory rights of consumers.
Article 10 โ Liability
- AZGS is only liable to the client for damage that is the direct and immediate result of an attributable shortcoming in the performance of the agreement, or of a tort for which AZGS can be held liable.
- Indirect and consequential damage โ including but not limited to business damage, loss of revenue or profit, missed savings, and damage from business interruption โ is not eligible for compensation, to the extent permitted by Dutch consumer law.
- Except where mandatory law provides otherwise, the liability of AZGS per event or series of related events is limited to the invoice amount that AZGS has charged (or would charge) for the part of the work concerned, provided that this limitation may not affect the mandatory statutory rights of the consumer.
- The limitations of liability in this article do not apply where the damage results from intent or willful recklessness on the part of AZGS or its management.
- The client is obliged to limit damage as much as possible and to give AZGS the opportunity to remedy any defects or shortcomings.
Article 11 โ Force majeure
- Force majeure is any circumstance that temporarily or permanently prevents AZGS from performing the agreement and that cannot be attributed to AZGS โ such as, among other things: extreme weather, fire, flooding, war, terrorism, pandemics, government measures, strikes, disruptions in the supply of materials, power outages, and other serious disruptions at AZGS or its suppliers.
- In the event of force majeure, the obligation to perform the work is suspended for the duration of the force majeure. AZGS will inform the client as soon as possible about the force-majeure situation and its expected duration.
- If the force-majeure situation lasts longer than reasonably acceptable, both AZGS and the client are entitled to terminate the agreement in whole or in part, without either party owing compensation, to the extent permitted under consumer law.
- To the extent AZGS has already performed part of the work by the time the force-majeure event begins, AZGS is entitled to invoice this part separately.
Article 12 โ Emergency service
- AZGS offers a 24/7 emergency service for urgent faults and incidents, including water leaks, heating faults, electrical faults, and drain unblocking in the service area (Utrecht region, within a 60-km radius of Woerden).
- When the emergency service is called in, AZGS will make every effort to arrive on-site as quickly as possible, subject to available capacity and conditions. An exact response time cannot be guaranteed.
- Separate rates may apply to the emergency service, including call-out costs, evening or night rates, and weekend or public-holiday surcharges. These rates are explained to the client before or at the time the emergency assignment is accepted โ verbally or, where possible, in writing or by email.
- The client is obliged to pay for the services provided and materials used by AZGS in connection with the emergency service, in accordance with the applicable rates and the specification provided by AZGS.
Article 13 โ Cancellation by the client
- The client may cancel a scheduled appointment or assignment. The client should notify AZGS of a cancellation as soon as possible, preferably in writing or by email.
- If the client cancels an assignment after AZGS has already incurred demonstrable costs โ for example, for materials already purchased or preparatory work โ AZGS may charge these reasonable costs to the client. AZGS will specify these costs as concretely as possible.
- If the client cancels shortly before the scheduled execution date, AZGS may also request reasonable compensation for reserved working time, to the extent consistent with applicable consumer-law provisions.
- Cancellation of the emergency service is only possible as long as AZGS has not yet departed for the location. If AZGS is already en route or has performed work, AZGS may charge the costs incurred and reasonable compensation for time already spent.
Article 14 โ Complaints and disputes
- Complaints about the performance of the agreement โ including complaints about the quality of the work or about invoices โ must be reported by the client to AZGS in writing or by email as soon as possible, preferably within 14 days after the client discovers or should reasonably have discovered the defect.
- AZGS will handle the complaint carefully and, in consultation with the client, seek an appropriate solution. Where remedy is possible, AZGS will take steps within a reasonable period to resolve any identified defects.
- If the parties cannot resolve a dispute between themselves, then โ except where mandatory law provides otherwise โ the competent court in the district of the consumer's residence or the Midden-Nederland District Court has jurisdiction, whereby the consumer in any case retains the right to bring the dispute before the court designated by law.
Article 15 โ Applicable law
- All legal relationships between AZGS and the client are governed exclusively by Dutch law, including the mandatory provisions of Dutch consumer law (Dutch Civil Code).
- The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded to the extent legally possible.
Article 16 โ Changes to the terms and conditions
- AZGS is entitled to change or supplement these terms and conditions. Changes also apply to existing agreements, subject to the statutory limits for consumers.
- AZGS will publish amended terms on the website in good time and, where reasonably possible, notify existing clients.
- If an amendment constitutes a material worsening of the consumer's position and departs from mandatory rules, the original terms continue to apply to existing agreements unless the consumer expressly agrees to the amendment.
Article 17 โ Final provision
- If any provision of these terms and conditions is wholly or partly null or voided, the remaining provisions remain in full force. In that case, AZGS and the client will consult to replace the null or voided provision with one that stays as close as possible to the purpose and intent of the original, respecting the mandatory consumer-law rules.
- These terms and conditions are drawn up in Dutch and intended for agreements with consumers in which AZGS acts as contractor for finishing and installation work in the Utrecht region. The Dutch version is the binding legal text; this English text is for convenience only.
- Contractor
- AZ Grand Solutions (AZGS)
- KvK number
- 88039935
- Registered office
- Alpenstraat 12, 3446 DN Woerden
- Contact
- +31 6 13636925 ยท [email protected]