Terms and Conditions

Definitions

Real estate rental company, Property Solutions, established in Maastricht under Chamber of Commerce number: 84364238 Client: the person with whom Property Solutions has concluded an agreement. Parties: Property Solutions and the customer together Consumer: a customer who is also a private individual and acts as a private individual

Applicability of general terms and conditions

These terms and conditions apply to all quotations, activities, orders, agreements and deliveries of services or products by or on behalf of Property Solutions. Parties can only deviate from these terms and conditions if they have expressly agreed to this in writing. The applicability of additional and/or deviating general terms and conditions of client or third parties is expressly excluded by the parties.

Offered

Quotations from Property Solutions are without obligation, unless expressly stated otherwise. A quotation is valid for a maximum of 10 days, unless a different period for acceptance is stated in the quotation or offer. If the customer does not accept a quotation within the applicable period, the quotation or offer expires. offer.

Acceptance

When accepting an offer without obligation, Property Solutions reserves the right to revoke the offer within 3 days after receipt of that acceptance, without the customer being able to derive any rights from this. Verbal acceptance by the customer only binds Property Solutions after the customer has has confirmed this in writing (or electronically). General terms and conditions January 1, 2024

Website: www.property-solutions.nl

Prices

All prices that Property Solutions uses are in euros, exclusive of VAT and excluding other costs if applicable, such as shipping or transport costs, unless expressly stated or agreed otherwise. All prices that Property Solutions uses for its services or that are otherwise made known can be be changed by Property Solutions at any time. The price relating to an employment contract is determined by Property Solutions on the basis of the actual hours spent. The price is calculated according to Property Solutions' usual hourly rates, applicable for the period in which it carries out the work , unless a different hourly rate has been agreed. If the parties have agreed on a total amount for a service provided by Property Solutions, this is always a target price, unless the parties have expressly agreed in writing on a fixed price, from which no deviations can be made. Property Solutions is entitled to deviate 10% from the target price. If the target price is more than 10% higher, Property Solutions must inform the customer in a timely manner why a higher price is justified. Property Solutions has the right to adjust the prices annually.

Consequences of late payment

If the customer does not pay within the agreed term, Property Solutions is entitled to charge costs from the day the customer is in default, whereby part of a month is counted as a whole month. If the customer is in default, he also owes extrajudicial collection costs and any damages to Property Solutions. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs. If the customer does not pay on time, Property Solutions can suspend its obligations until the customer has fulfilled his payment obligation. of liquidation, bankruptcy, seizure or suspension of payment of the client, the claims of Property Solutions on the client are immediately due and payable. If the client refuses to cooperate in the execution of the agreement by Property Solutions, he remains obliged to pay the agreed price to Property Solutions General terms and conditions to be paid January 1, 2024

Right of suspension

Unless the client is a consumer, the client waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention.

Property Solutions can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices relating to Property Solutions, unless the customer has provided sufficient security for those costs. The right of retention also applies to on the basis of previous agreements from which the customer still owes payments to Property Solutions. Property Solutions is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to offset a debt to Property Solutions against a claim against Property Solutions.

Insurance

The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft; Delivered items that are necessary for the execution of the underlying agreement. Items from Property Solutions that are present at the customer's premises .Goods delivered under retention of title.Unless the parties have expressly agreed, the customer must take out CAR insurance at his own expense and the customer cannot claim compensation for damage that would otherwise be covered by this insurance.

Guarantee

1. When the parties have entered into an agreement with a service provision, it only contains an obligation of best efforts for Property Solutions and therefore no obligation of result.

General terms and conditions January 1, 2024

Execution of the agreement

Property Solutions will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Property Solutions has the right to have the agreed services (partially) performed by third parties. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer. It is the customer's responsibility that Property Solutions can start the execution of the agreement in a timely manner. If the client has not ensured that Property Solutions can start the execution of the agreement in a timely manner, any resulting additional costs and/or extra hours will be borne by the client. Information provided by the customer. The client will provide all information, data and documents relevant for the correct execution of the agreement in a timely manner in the desired form and manner. available to Property Solutions. The client guarantees the accuracy, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise. If and for to the extent that the client so requests, Property Solutions will return the relevant documents. If the client does not provide the information, data or documents reasonably required by Property Solutions, does not provide it in a timely manner or does not provide it properly, and the execution of the agreement is delayed as a result, then the resulting resulting additional costs and extra hours will be borne by the client.

Disclaimer

The customer indemnifies Property Solutions against all claims from third parties related to the products and/or services supplied by Property Solutions.

Complaints

The customer must inspect a product or service delivered by Property Solutions as soon as possible for any shortcomings. If a delivered product or service does not meet what the customer could reasonably expect under the agreement, the customer must inform Property Solutions as soon as possible. , but in any case within 2 weeks of discovering the defect. to report the defects. The customer provides as detailed a description as possible of the shortcoming, so that Property Solutions is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this cannot in any case result in Property Solutions being obliged to carry out work other than that agreed.

Notice of default

The client must give Property Solutions written notice of default. It is the customer's responsibility that a notice of default actually reaches Property Solutions (in a timely manner).

Joint and several liability of customers

If Property Solutions enters into an agreement with multiple customers, self-employed persons, each of them is jointly and severally liable for the full amounts and obligations that they owe to Property Solutions under that agreement.

Liability Construction/Renovation/Maintenance: Property Solutions

Property Solutions is only liable for any damage suffered by the customer if and insofar as that damage is the result of intent or deliberate recklessness. If Property Solutions is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement. Property Solutions is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties. If Property Solutions is liable, this liability is limited to the amount covered by a closed (professional) liability insurance policy. paid and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. All images, photos, color descriptions on the website are only indicative and only apply to approach and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

The customer has the right to terminate the agreement if Property Solutions attributably fails to fulfill its obligations, unless this failure does not justify termination given its special nature or minor significance. If compliance with the obligations by Property Solutions is not permanently or temporarily impossible, dissolution can only take place after Property Solutions is in default. Property Solutions has the right to dissolve the agreement with the client if the client does not fully or timely fulfill its obligations under the agreement, or if Property Solutions has become aware of circumstances for which it has good cause. to fear that the client will not be able to properly fulfill his obligations.

Force majeur

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Property Solutions to fulfill any obligation towards the client cannot be attributed to Property Solutions in a situation independent of the will of Property Solutions, as a result of which the fulfillment of its obligations towards the client is prevented in whole or in part or as a result of which the fulfillment of its obligations is not reasonably possible. may be required from Property Solutions. Force majeure as referred to in paragraph 1 includes, but is not limited to: state of emergency (civil war, riot, riots, natural disasters, etc.); non-performance and force majeure of suppliers or other third parties; unexpected power, electricity, computer and telecom disruptions, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. If a force majeure situation occurs as a result of which Property Solutions cannot fulfill one or more obligations towards the customer, those obligations will be suspended until Property Solutions can fulfill them again. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties can terminate the agreement in writing in whole or in part. Property Solutions is not liable for compensation in a force majeure situation, even if the force majeure situation provides any advantage.

Changes to the agreement

If, after concluding the agreement, it appears that it is necessary to change or supplement it for its implementation, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

The foregoing does not apply to products purchased in a physical store.

Change of conditions

Property Solutions is entitled to change or supplement these general terms and conditions.

Minor changes can be made at any time.

General terms and conditions January 1, 2024

Property Solutions will discuss important substantive changes with the customer in advance as much as possible.

Transfer of rights

Rights of the client from an agreement between the parties cannot be transferred to third parties without the prior written permission of Property Solutions. This provision applies as a property law provision as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions. In that case, a provision that is void or voidable will be replaced by a provision that comes closest of what Property Solutions had in mind on that point when drawing up the conditions.

Applicable law and competent court

Every agreement between the parties is exclusively governed by Dutch law. The Dutch court in the district where Property Solutions is established, practices its practice or has its office has exclusive jurisdiction to hear disputes between parties, unless the law prescribes otherwise. .

Translation terms apply to this document

Property Solutions cannot be held liable for any translation errors or incorrect use of legal terminology. It is the customer's responsibility to correctly translate the original terms and conditions drawn up in Dutch into his native language. The customer is free to use the original Dutch version at any time. to have it translated by an officially sworn translator.

Drawn up on January 1, 2024

General terms and conditions January 1, 2024

Website: www.property-solutions.nl