General terms and conditions

GENERAL TERMS AND CONDITIONS BOTEKT
Article 1. Applicability
1. These general terms and conditions apply to all quotations, orders and
agreements of Botekt, unless expressly agreed otherwise in writing.
2. By placing an order or accepting a quotation, the
client to agree to these terms and conditions.
Article 2. Quotations and Conclusion of Agreement
1. All quotations are without obligation and valid for 30 days after the date of issue, unless otherwise stated.
mentioned.
2. If a quotation contains a non-binding offer and this is by the client
accepted, Botekt expressly reserves the right to withdraw the offer within two working days after
to revoke receipt of the acceptance.
3. An agreement is concluded (subject to the right of withdrawal referred to in paragraph 2)
after the quotation has been confirmed in writing or by email by the client. Changes or
Additions are only binding after they have been confirmed in writing by Botekt.
Article 3. Prices and Payment
1. All stated prices are exclusive of VAT and any additional costs, unless otherwise stated.
stated. Parking costs incurred during the execution will be charged afterwards on the basis of
Subsequent calculation itemized and charged.
2. Botekt is entitled, at the start of the project, an initial payment of 25% of the
to invoice the contract sum. Installment invoices are related to the produced
values.
3. Payment must be made within 14 days of the invoice date, unless otherwise stated in writing.
agreed. The (business) client is not entitled to any
to set off or suspend payment obligation.
4. If the payment term is exceeded, the Client is automatically in default.
and statutory (commercial) interest is due, as well as extrajudicial collection costs
in accordance with the Extrajudicial Collection Costs Standardization Act (WIK).
5. Botekt reserves the right to suspend the (further) execution in the event of payment arrears.
to suspend the work until full payment has been made,
without being liable for any damages resulting from delay.
6. Price indexation: If, after the submission of the quotation or the conclusion of the
agreement unforeseen cost-increasing circumstances occur (such as, but not
limited to extreme price increases of raw materials such as bitumen and insulation material due to
market fluctuations or force majeure), Botekt is entitled to pass on these price increases
charge the client. Consumers may terminate the agreement with a
Cancel free of charge within 3 months due to price increase. This applies to business clients.
not this right of dissolution.
Article 4. Obligations of the Client
1. The client is responsible for making the
workplace. Obstacles, storage, and loose materials must be removed beforehand.
2. The Client shall provide the facilities required for the execution in a timely manner and free of charge,
such as electricity and water, available.
3. The client is responsible for the structural condition and sufficient load-bearing capacity of the
existing roof structure.
4. The Client is obliged to ensure that all required permits are in place.
to perform the agreed work. If the client disagrees with this
In the event of default, he indemnifies Botekt against all third-party claims arising therefrom.
Article 5. Exclusions and Work on Existing Installations
1. Unless expressly agreed otherwise in writing, work on
building-related installations excluded. If the client fails to do this in a timely manner
If (having) dismantled and Botekt incurs delays as a result, waiting hours will be charged as additional work.
passed on.
2. Air conditioning and heat pumps: Botekt never moves units that are still
connected to the pipeline network.
3. Solar panels (PV installations): In all cases, the disconnection and relocation shall take place.
and reconnecting solar panels, inverters, and cabling expressly at risk
of the client. Botekt is not a certified electrical installer and concludes
disclaims all liability for loss of performance, malfunctions, short circuits, or forfeiture
of warranties.
4. Antennas, dishes and lightning protection: The dismantling or adjustment of these falls under
outside the responsibility of Botekt.
Article 6. Execution, Safety and Quality
1. Botekt performs work to the best of its knowledge and skill in accordance with the applicable
legislation and regulations (including the WKB and the Working Conditions Act).
2. Where available, Botekt exclusively fits KOMO-certified and CE-marked
add materials. Roofing work is carried out in accordance with BRL 4702.
Heating activities are carried out in accordance with NEN 6050 and NEN 6051. Botekt is at all times
authorized at any time to stoke, burn, or saw on the roof to carry out the work correctly
to carry out.
3. Delivery deadlines are indicative and never binding deadlines.
Article 7. Additional Work, Unforeseen Circumstances and Asbestos
1. Any additional work will be invoiced separately after consultation with the client on
basis of subsequent calculation.
2. Invisible substrate: If the condition of the substrate on which the roofing
must be applied at the time of drawing up the offer/quotation not for
As was observable in Botekt, it is assumed that the subsoil is in good and
is in a workable condition. Do defects come to light subsequently during execution (such as
wood rot or structural defects), then the costs of the repair and the delay will be fully borne.
at the client's expense as additional work.
3. Asbestos: Botekt does not carry out asbestos surveys. In case of suspected asbestos, the
Work immediately halted until a certified company conducts an assessment.
has carried out. Costs and delays shall be borne by the client.
Article 8. Weather Conditions and Force Majeure
1. Roofing work is weather-dependent. In case of rain, storms, frost, extreme heat or other
In the event of unsafe conditions, Botekt reserves the right to adjust the schedule.
to suspend duties and activities. This qualifies as force majeure and gives the
The client is not entitled to compensation.
Article 9. Delivery and Acceptance
1. Upon completion, the client receives a digital delivery report with photographic evidence.
2. The work shall be considered legally delivered and accepted if the client
not a written, substantiated justification within 7 days after receipt of the delivery report
has submitted objections, or if the client has already fully in the roof (section)
has put into use. Minor defects and delivery points are not subject to delivery in
the road.
Article 10. Cancellation by the Client
1. Consumers: In the event of cancellation after acceptance of the offer, the consumer is obliged to
to reimburse costs already incurred and lost profits, in accordance with Article 7:764 of the Dutch Civil Code.
2. Business clients: In the event of cancellation, a business client is a regular
cancellation fee payable of at least 30% of the contract sum,
without prejudice to Botekt's right to claim full compensation if the
actual costs exceed this.
Article 11. Liability
1. The total liability of Botekt for direct damage is at all times limited to
at most the invoice amount of the relevant order, or – if this amount is higher
– the amount paid out by Botekt’s liability insurance.
2. Botekt is never liable for indirect damage, consequential damage, or loss of profit.
3. Botekt is not liable for leaks or damage resulting from the
accessing the roof in the context of submitting a quotation, inspection or
otherwise prior to the assignment.
4. Botekt accepts no responsibility for defects caused by hidden constructions,
existing installations, overdue maintenance, insufficient load-bearing capacity, or permanent
puddles resulting from the original slope.
Article 12. Warranty
1. A 10-year execution guarantee applies to the work installed by us.
roofing construction and 3 years on sealant, unless otherwise agreed in writing.
Product warranty is handled by the manufacturer.
2. The warranty is void if damage is caused by improper use or defects.
maintenance, modifications by third parties, or if the roof is not in accordance with the instructions
used.
Article 13. Complaints and Statute of Limitations
1. Business customers: Complaints must be reported in writing within 14 days of discovery to
become.
2. Consumers: Complaints must be submitted in writing no later than 2 months after discovery.
be reported.
3. Filing a complaint does not suspend the payment obligation.
4. Statute of limitations: The client's claim for damages against Botekt
becomes definitively time-barred after the lapse of six months after the client has in this regard
complained.
Article 14. Retention of Title and Right of Retention
1. Delivered materials remain the property of Botekt until the client is fully in compliance with its
has fulfilled payment obligations.
2. Botekt is entitled to a right of retention and is entitled to withhold delivery of documents or the
to suspend removal of equipment until the client meets all claims
has complied.
Article 15. Use of photos
1. Botekt may use photos of the work for internal documentation and
promotional purposes, unless the client objects to this in writing in advance.
Article 16. Applicable Law and Disputes
1. All agreements are governed exclusively by Dutch law.
2. Disputes shall be submitted exclusively to the competent court in the
place of establishment of Botekt, unless consumer law mandatorily designates another court
points out.