General terms and conditions for the business market for the painting, maintenance and glazing industry in the Netherlands, established by the association with full legal capacity Royal Association OnderhoudNL, association of (restoration) painters and (total) maintenance companies, industrial maintenance and glass installation companies, including terms and conditions of sale.

These terms and conditions have entered into force as of September 2, 2019 and filed with the Chamber of Commerce under number 40409386.

1. In these general terms and conditions the following terms are understood to mean:
a. Contractor: the natural person or legal entity that basis of agreement concluded with client for work performs and/or supplies materials and painting and related work performed for and on behalf of the client;

b. Client: the natural person or legal entity that the contractor has entered into an agreement in the context of the exercise of a profession or business concerning the performance of work and/or the supply of materials, the performance of painting and related work for the benefit of client;

c. Agreement: all agreements made between the parties with with regard to the performance of work and/or the delivery of materials

1. These general terms and conditions apply to all offers and resulting agreements between the parties and form part of of the agreements between contractor and client.

2. Deviations from these general terms and conditions are only legally valid if these have been agreed in writing.

1. An agreement will only be concluded after the contractor has written acceptance by the client of the contractor has confirmed the quotation issued in writing.

2. Every quotation is without obligation and can be revoked by the contractor. within the period stated therein. If no period is stated in the quotation, then the contractor can revoke the quotation within eight working days.

3. If neither party confirms the agreement in writing and the contractor commences work with the consent of the client has made the work, the parties have an agreement it is presumed that an agreement has been concluded in accordance with the last quotation provided by the contractor to the client.

4. The drawing and other information regarding the quotation attached to the quotation work remains the property of the contractor and may be carried out without prior permission of the contractor may not be copied and are provided to third parties. They will be provided to the contractor without delay. be returned upon his first request.

1. The Client shall ensure that the Contractor has timely access to the full specifications, regarding the approvals required for the work (such as permits and exemptions) and other necessary work facts.

2. The Client must ensure that work to be carried out by third parties activities that do not form part of the contractor's work and are carried out in such a timely manner that the execution of the work does not is experiencing a delay. If a delay nevertheless occurs, The client must inform the contractor about this as soon as possible.

3. The Client shall provide connection facilities for the benefit of the work requires gas, water, electricity, compressed air, steam and the like. The costs of this and the required consumption are borne by client.

4. The Client invites the Contractor to be present at all construction meetings that directly or indirectly relate to its activities.

5. To the extent that this is relevant in the context of the work, client that the contractor has drawings available the location of cables, pipes and conduits.

6. The Client shall provide the necessary equipment. This must comply with the statutory requirements and those set by the SZW Inspectorate safety regulations.

7. The Client shall ensure that access roads are constructed in such a way and maintain that material in full loads at all times can be brought to working distance from work.

8. The contractor's personnel have free access to the premises toilets and canteens at work.

9. The Client shall ensure that the design and execution of the work are such This will minimize damage to people, goods and the environment as much as possible is limited.

10. The Client shall make the facilities available for the collection of chemical construction waste.

11. The Client is responsible for order and safety at work. He also ensures for the good condition of the materials to be processed and the equipment that is made available by him.

12. In the event that the client disagrees with the previous clauses of this article If the contractor is in default, the contractor has the right to suspend performance to suspend the agreement and the costs resulting from the delay to charge costs to the client.

13. If the performance of the agreement so requires, the contractor has the right to have work carried out by third parties.

14. The agreed term of execution of the agreement is not a fatal term. term. If the implementation period is exceeded, the client must to offer the contractor the opportunity to still do so within a reasonable period of time to comply with.

15. If the commencement of the work is delayed by circumstances as referred to in Article 4 paragraph 2 must be the responsibility of the contractor any related damages and costs will be borne by the client reimbursed.

1. The prices referred to in paragraph 1 of this article do not include, unless explicitly stated, not included: material costs, travel and parking costs and costs for permit applications.

2. The Contractor is entitled to pass on interim price changes for orders with a duration of more than six months. Price changes are also possible where price-determining, foreseeable factors are concerned.

1. The Client may only terminate the agreement if the Contractor attributable failure to comply with the agreement and after the contractor has been given notice of default and has been given a reasonable opportunity required to comply with the agreement.

2. If certain parts of the agreement are fulfilled by third parties, then the contractor is responsible for these parts and for the actions of these third parties are not liable if and to the extent that this is not done under his supervision happens.

3. In the event of defects for which the Contractor is liable, to be given the opportunity by the client to correct these defects repair or limit or mitigate the damage resulting from those defects to lift.

4. The Contractor is not liable for indirect damage suffered by the Client. or third parties, including consequential damage, delay damage and/or business damage.

5. The Contractor is not liable for damage that is due to intent or gross negligence of her non-managerial subordinates.

6. The Contractor is not liable for damage resulting from exceeding the implementation period.

7. The Client indemnifies the Contractor against all successful claims. from third parties in connection with work performed by the contractor and/or delivered goods that may have caused damage to the third party, regardless of the cause or time at which the damage was suffered.

8. In the event of liability of the contractor, this is limited to the net invoice amount due under the order, up to a maximum of € 5,000.00. If the contractor for the relevant damage is insured, his liability is limited to the amount paid by the insurer will pay out in the relevant case plus with the deductible.

9. If the client has any risk associated with the agreement insured, he is obliged to indemnify the contractor against this risk.

10. Any claim for damages by the client shall lapse if the claim is not made within one month after the damage or defect has occurred should reasonably have been discovered, in writing to contractor has been notified and if they do not respond within one year after that the time at which legal proceedings were instituted.

11. The Contractor is not liable for damages, expenses and fines arisen because the contractor has assumed that the information provided by the client was not provided on time, was incorrect and/or was incomplete. This concerns in the in particular, but not exclusively, the presence and nature of substances that are hazardous to health and the environment.

12. The Client bears the risk of damage caused by defects in materials made available by him or at his request are used unless the contractor has fulfilled its duty to warn in the sense of Article 7:760 in conjunction with 7:754 of the Dutch Civil Code.

13. Client bears the risk for damage to all materials and parts or tools located at the work site.

1. The Client has the right to inspect the work both during the interim and upon delivery. to approve. If the client rejects the work (partially), they must to notify the contractor of this in writing as soon as possible.

2. If the contractor has indicated that the work is ready to be are delivered and the client does not complete the work within fourteen days approves and accepts with or without reservation or with instructions If the client refuses to accept the defects, the client is deemed to have tacitly accepted the work to have accepted. After acceptance the work is considered delivered considered.

3. After delivery, the work is at the client's risk. Therefore, the client remains responsible price due, regardless of the destruction or deterioration of the work due to a cause that cannot be attributed to the contractor.

4. The Contractor is released from liability for defects that the client should reasonably have expected at the time of delivery discovered, but did not report.

5. If the work shows defects after delivery for which the contractor If the client is liable, the client must do so unless this is in connection with the circumstances cannot be expected of him, to the contractor give the opportunity to remedy the defects within a reasonable period of time, without prejudice to the contractor's liability for damage consequence of the defective delivery.

6. Any minor defects will not be a reason not to carry out the work. accept in the context of the first delivery.

7. The Client may demand that the Contractor rectify the defects within reasonable period, unless the costs of repair are disproportionate would be in the client's interest in recovery instead of compensation.

8. Final delivery will take place after any minor defects have been identified by the the contractor has recovered and the client has definitively completed the work approved.

1. Force majeure means: circumstances that prevent compliance with the agreement permanently or temporarily and which cannot reasonably be met attributable to the contractor. This includes: war, danger of war, civil war and riot, terror, severe emergency or other severe weather conditions, fire and other disruptions, strikes in other companies, wildcat or organised strikes in the company of contractor, a general shortage of necessary raw materials, not foreseeable stagnation at suppliers, general transport problems and government measures.

2. The Contractor also has the right to invoke force majeure if the circumstance causing force majeure occurs after the contractor has should have fulfilled the obligation.

3. In the event of force majeure, the contractor has the right to suspend its obligations to suspend. If the prevention of performance is due to If force majeure continues for more than one month, both parties are entitled to to terminate the agreement, without any obligation to compensation exists.

4. If the contractor is already partially in performance when the force majeure occurs, has fulfilled its obligations, the contractor is entitled to a proportionate part of the price determined based on the work already performed labor and costs incurred. This does not apply if this part of the agreement has no independent value.

1. Payment must be made within fourteen days after the invoice has been received by the client has been received. After the expiry of these fourteen days, Client is in default and all claims of the Contractor on immediately due and payable by the client.

2. The Client is in default from the moment of default, as referred to in paragraph 1, an interest of 1.5% per month on the amount due, unless the statutory commercial interest is higher, in which case the client statutory commercial interest is due

3. The Contractor is entitled to carry out work and/or deliveries in parts. to be invoiced.

4. If the client is in default of payment of an installment, Contractor, without prejudice to its other rights, is entitled to carry out the work to suspend until the client has fulfilled all his due obligations met.

5. The Client must pay without any discount or offset against any undisputed claim of the client against the contractor.

6. In the event of liquidation, bankruptcy, suspension of payment of client or when the Debt Restructuring Act (Wsnp) applies to the client or – in the case of a natural person – he dies, or when the client has encountered payment difficulties and/ or the client converts his company into another legal form, or transfers it to a third party, or changes the location of his establishment and/or his place of residence moved abroad, the client's obligations will be immediately due and payable.

7. Each payment shall always be used to settle all outstanding debts in the first instance. interest and costs owed and secondly of the oldest still outstanding invoices, regardless of whether the client states this when making the payment that this relates to a later invoice.

1. The Contractor is entitled to request security from the Client for the to demand compliance with his payment obligations.

2. If the client refuses to provide security or the security provision If the contractor fails to do so, he has the right to suspend his work. suspend or terminate the agreement and claim damages to progress.

1. The client is at all times entitled to terminate the agreement in whole or in part. to cancel partially.

2. In the event of cancellation by the client, he will pay for the entire work must pay the applicable price, reduced by the savings that the contractor arising from the termination, against delivery by the contractor of the work already completed. If the price was dependent the actual costs to be incurred by the contractor are determined price owed by the client calculated on the basis of the costs incurred, work performed and profit earned by the contractor the entire work would have been completed. The profit is set at 15%.

3. If the execution of the work becomes impossible due to a cause that cannot be attributed to the contractor and is not within his sphere of risk then he is entitled to terminate the agreement and pay the costs incurred to charge costs to the client.

1. All originals of drawings, sketches, specifications, budgets, estimates, reports and other documents that the contractor provides in the performance of the agreement has been made, remain its property, regardless of whether this made available to the client or to third parties.

2. The Contractor has the right to the exclusion of all others realization, publication and reproduction of his designs, sketches, photographs and all other images of his design that are referred to in the Copyright Act or in the Benelux Act, regarding drawings and models, regardless of whether they are provided to the client or to third parties. have been made available.

3. The client is not permitted to execute a design, or part of this, to be repeated by the contractor without the express permission from contractor.

1. Until all claims arising from the agreement have been fully satisfied arising, including interest and costs, remain the responsibility of the contractor delivered goods are the exclusive property of the contractor.

2. Until the time of full payment, the client is not entitled to pledge or alienate the goods to third parties. This prohibition to pledging or alienation has property law effect. If If third parties wish to establish any right to the delivered goods, the client is entitled obliged to inform the contractor as soon as possible. The Client is obliged to retain the goods to which a retention of title applies. to keep the information identifiable for the benefit of the contractor and/or to make and to separate these from each other and from others located at the client to separate existing goods.

3. If the client fails to fulfil its obligations or if there is a justified If there is any fear that he will not do so, the contractor is entitled the goods delivered to the client or to third parties who have the goods delivered to client to keep, remove or have removed. Client is obliged to provide full cooperation in this regard under penalty of a fine of 10% of the total contract sum or for a penalty of 10% of the amount charged to the client during the past year amounts - for each day the client remains in default.

1. All agreements between the client and the contractor are subject to Dutch law applies.

2. In the event of a dispute between the parties that falls within the jurisdiction of the cantonal division of the court, the parties will submit this to the court in the district in which the contractor is established.

3. To the extent that a dispute between the parties does not fall under the jurisdiction of the cantonal division of the court applies that all disputes between parties will be settled in accordance with the arbitration rules of the Netherlands Arbitration Institute.

General consumer terms and conditions for the painting, maintenance and glazing industry in the Netherlands, established by the association with full legal capacity of the Royal Association OnderhoudNL, association of (restoration) painting and (total) maintenance companies, industrial maintenance and glass installation companies.

These terms and conditions entered into force on 2 September 2019 and have been filed with the Chamber of Commerce under number 40409386.

1. In these general terms and conditions the following terms are understood to mean:

a. Contractor: the natural person or legal entity that basis of agreement concluded with client for work performs and/or supplies materials and painting and related work performed for and on behalf of the client;

b. Client: the natural person or an association of owners, not acting in the exercise of a profession or business, who has entered into an agreement with the contractor regarding carrying out work and/or supplying materials, carrying out painting and related work for the benefit of the client;

c. Agreement: all agreements made between the parties with with regard to the performance of work and/or the delivery of materials.

1. These general terms and conditions apply to all offers and resulting agreements between the parties and form part of of the agreements between contractor and client.

2. Deviations from these general terms and conditions are only legally valid if these have been agreed in writing.

1. An agreement will only be concluded after the contractor has given written the acceptance by the client of the contractor's work has confirmed the submitted quotation.

2. Every quotation is without obligation and can be revoked by the contractor. within the period stated therein. If no period is stated in the quotation, then the contractor can revoke the quotation within eight working days.

3. If neither party confirms the agreement in writing and the contractor commences work with the consent of the client has made the work, the parties have an agreement it is presumed that an agreement has been concluded in accordance with the last quotation provided by the contractor to the client.

4. The drawing and other information regarding the quotation attached to the quotation work remains the property of the contractor and may be carried out without prior permission of the contractor may not be copied and are provided to third parties. They will be provided to the contractor without delay. will be returned upon his first request.

1. The Client shall ensure that the Contractor has timely access to the full specifications, regarding the approvals required for the work (such as permits and exemptions) and other necessary work facts.

2. The Client must ensure that work to be carried out by third parties activities that do not form part of the contractor's work and are carried out in such a timely manner that the execution of the work does not is experiencing a delay. If a delay nevertheless occurs, The client must inform the contractor about this as soon as possible.

3. The Client shall provide connection facilities for the benefit of the work requires gas, water, electricity, compressed air, steam and the like. The costs of this and the required consumption are borne by client.

4. The contractor's personnel have free access to the premises Toilets).

5. In the event that the client disagrees with the previous clauses of this article If the person described is in default, the contractor has the right to suspend performance to suspend the agreement and the costs resulting from the delay to charge costs to the client.

6. The Contractor has the right to have work carried out by third parties.

1. The prices stated by the contractor are exclusive of travel and parking costs as well as the costs for any permit applications. The Contractor is entitled to invoice these separately.

2. If the agreement has lasted three months or longer and has a term of more than six months, the Contractor is entitled to: to pass on interim price changes. These price changes are also possible where price-determining, foreseeable factors are concerned.

1. In the event of defects for which the Contractor is liable, the Contractor must: to be given the opportunity by the client to correct these defects repair or limit or mitigate the damage resulting from those defects to lift.

2. The Contractor is not liable for indirect damage suffered by the Client. or third parties, including consequential damage and/or delay damage.

3. The Contractor is not liable for damage that is due to intent or gross negligence of her non-managerial subordinates.

4. The Contractor is not liable for damage resulting from exceeding the implementation period.

5. In the event of liability of the contractor, this is limited to the net invoice amount due under the order, up to a maximum of € 5,000.00. If the contractor for the relevant damage is insured, his liability is limited to the amount paid by the insurer will pay out in the relevant case plus with the deductible.

6. Any liability shall lapse, without prejudice to the complaint obligation under Article 6:89 BW, in any case one year after the damage occurred or one year from the moment the client discovered the damage could reasonably have determined.

7. The Client bears the risk of damage caused by defects in materials made available by him or at his request are used unless the contractor has fulfilled its duty to warn in the sense of Article 7:760 in conjunction with 7:754 of the Dutch Civil Code.

8. Client bears the risk for damage to all materials and parts or tools located at the work site.

9. The contractor is not liable if damage occurs as a result of intent, fault or culpable conduct of the client or if the damage falls within the client's risk sphere.

10. If the contractor has warned the client in a timely manner and client nevertheless carries out work on has requested a defective substrate, the contractor is not liable for the consequences thereof.

11. If the commencement of the work is delayed by circumstances as referred to in Article 4 paragraph 2 must be the responsibility of the contractor any related damages and costs will be borne by the client reimbursed.

1. The Client has the right to inspect the work both during the interim and upon delivery. to approve. If the client rejects the work (partially), they must to notify the contractor of this in writing as soon as possible.

2. If the contractor has indicated that the work is ready to be are delivered and the client does not complete the work within fourteen days approves and accepts with or without reservation or with instructions If the client refuses to accept the defects, the client is deemed to have tacitly accepted the work to have accepted. After acceptance the work is considered delivered considered

3. The notification that the work has been completed as referred to in paragraph 2 may consist of a oral, written or digital message or from sending the final invoice.

4. The Client is also deemed to have tacitly accepted the work. accepted if the consumer has the object on which the work was carried out takes use, with the understanding that by taking into use a part of the work, that part is considered to have been completed.

5. After delivery, the work is at the client's risk. Therefore, the client remains responsible price due, regardless of the destruction or deterioration of the work due to a cause that cannot be attributed to the contractor.

6. The Contractor is released from liability for defects that the client should reasonably have expected at the time of delivery discovered, but did not report.

7. If the work shows defects after delivery for which the contractor If the client is liable, the client must do so unless this is in connection with the circumstances cannot be expected of him, give the contractor the opportunity to remedy the defects within a reasonable period, without prejudice to the contractor's liability for damage consequence of the defective delivery.

8. Any minor defects will not be a reason not to carry out the work. accept in the context of the first delivery.

9. The Client may demand that the Contractor rectify the defects within reasonable period, unless the costs of repair are disproportionate would be in the client's interest in recovery instead of compensation.

10. Final delivery will take place after any minor defects have been identified by the the contractor has recovered and the client has definitively completed the work approved.

1. Force majeure means: circumstances that prevent compliance with the agreement permanently or temporarily and which cannot reasonably be met attributable to the contractor. This includes: war, danger of war, civil war and riot, terror, severe emergency or other severe weather conditions, fire and other disruptions, strikes in other companies, wildcat or organised strikes in the company of contractor, a general shortage of necessary raw materials, not foreseeable stagnation at suppliers, general transport problems and government measures.

2. The Contractor also has the right to invoke force majeure if the circumstance causing force majeure occurs after the contractor has should have fulfilled the obligation.

3. In the event of force majeure, the contractor has the right to suspend its obligations to suspend. If the prevention of performance is due to If force majeure continues for more than one month, both parties are entitled to to terminate the agreement, without any obligation to compensation exists.

4. If the contractor is already partially in performance when the force majeure occurs, has fulfilled its obligations, the contractor is entitled to a proportionate part of the price determined based on the work already performed labor and costs incurred. This does not apply if this part of the agreement has no independent value.

1. Payment must be made within fourteen days after the invoice has been received by the client has been received. After the expiry of these fourteen days, Client is in default and all claims of the Contractor on immediately due and payable by the client.

2. The Client is in default from the moment of default, as referred to in paragraph 1, an interest of 1.5% per month is due on the amount due.

3. The Contractor is entitled to carry out work and/or deliveries in parts. to be invoiced.

4. If the client defaults on the payment of an installment, Contractor, without prejudice to its other rights, is entitled to carry out the work to suspend until the client has fulfilled all his due obligations met.

5. In the event that the Natural Persons Debt Restructuring Act applies to the client becomes applicable or in the event of bankruptcy of client, death of client and/or if client has encountered payment difficulties, the obligations of immediately due and payable by the client. Each payment is always due settlement in the first place of all interest and costs due and in the second place of the oldest outstanding invoices, regardless of whether the client states when making the payment that it relates to a later invoice.

1. The Contractor is entitled to request security from the Client for the to demand compliance with his payment obligations.

2. If the client refuses to provide security or the security provision If the contractor fails to do so, he has the right to suspend his work. suspend or terminate the agreement and claim damages to progress.

1. The client is at all times entitled to terminate the agreement in whole or in part. to cancel partially.

2. In the event of cancellation by the client, he will pay for the entire work must pay the applicable price, reduced by the savings that the contractor arising from the termination, against delivery by the contractor of the work already completed. If the price was dependent the actual costs to be incurred by the contractor are determined price owed by the client calculated on the basis of the costs incurred, work performed and profit earned by the contractor the entire work would have been completed. The profit is set at 15%.

3. If the execution of the work becomes impossible due to a cause that cannot be attributed to the contractor and is not within his sphere of risk then he is entitled to terminate the agreement and pay the costs incurred to charge costs to the client.

1. All originals of drawings, sketches, specifications, budgets, estimates, reports and other documents that the contractor provides in the performance of the agreement has been made, remain its property, regardless of whether this made available to the client or to third parties.

2. The Contractor has the right to the exclusion of all others realization, publication and reproduction of his designs, sketches, photographs and all other images of his design that are referred to in the Copyright Act or in the Benelux Act, regarding drawings and models, regardless of whether they are provided to the client or to third parties. have been made available.

3. The client is not permitted to execute a design, or part of this, to be repeated by the contractor without the express permission from contractor.

1. Until all claims arising from the agreement have been fully satisfied arising, including interest and costs, remain the responsibility of the contractor delivered goods are the exclusive property of the contractor.

2. Until the time of full payment, the client is not entitled to pledge or alienate the goods to third parties. This prohibition to pledging or alienation has property law effect. If If third parties wish to establish any right to the delivered goods, the client is entitled obliged to inform the contractor as soon as possible. The Client is obliged to retain the goods to which a retention of title applies. to keep the information identifiable for the benefit of the contractor and/or to make and to separate these from each other and from others located at the client to separate existing goods.

1. All agreements between the contractor and the client are subject to Dutch law applies and the Dutch court has jurisdiction.