GENERAL CONDITIONS FOR RESIDENTIAL AND BUSINESS PREMISES CLEARANCE, FLOOR REMOVAL AND DEMOLITION WORK.
Article 1 – Applicability
These General Terms and Conditions apply in full to all agreements between ZSM Woningontruiming and its clients, unless deviated from in writing by (further) agreement.
Article 2 – Establishment of agreement
Similarities between ZSM House clearance and its clients are concluded by acceptance by the client of a quotation issued by ZSM Woningontruiming and qualify as an assignment agreement. Unless expressly agreed otherwise in writing, the assignment entails: eviction by ZSM Woningeruiming of a home specified in the quotation + accessories and everything related to it, such as supervising a preliminary and final inspection. Unless otherwise agreed in writing, the client waives his (ownership) rights to the contents to be removed by accepting and signing the quotation.
Article 3 – Changes and adjustments
The text of the agreement and these General Terms and Conditions are binding for the parties. Changes and adjustments to the agreement can only be made in writing by means of a document signed by both parties. If during the execution of the assignment it appears that a deviation from what has been agreed is desirable or necessary, while such an adjustment does not lead to an adjustment of the agreed price, ZSM Woningontruiming is entitled to deviate from what has been agreed at its own discretion, provided that this deviation does not leads to a lower quality of the agreed service. If a deviation from what has been agreed between the parties, as referred to above, should, in the opinion of ZSM Woningontruiming, lead to an adjustment of the agreed price, the parties will consult with each other as soon as possible in order to change the agreement, taking into account the stated in this article. If this consultation does not lead to agreement, ZSM Woningontruiming is not obliged to carry out any additional work associated with the deviation or otherwise necessary and cannot be held liable for costs incurred or damage to be suffered by the client as a result of failure to carry out said work. .
Article 4 – Cancellation fees
The Client reserves the right to cancel an Assignment to ZSM Woningontruiming. If the client cancels an assignment four weeks or more before the start of the planned work, as agreed in the quotation, the client owes ZSM Woningontruiming a compensation of 25% of the costs agreed in the quotation. In the event of cancellation by the Client within four weeks, but longer than two weeks before the start of the planned work, as agreed in the quotation, the Client owes ZSM Woningontruiming 50% compensation for the costs agreed in the quotation. If the Client cancels within two weeks before the start of the planned work, the Client owes ZSM Woningontruiming compensation of 100% of the costs agreed in the quotation.
Article 5 – Engaging third parties
ZSM Woningontruiming is entitled to have the agreed assignment carried out in whole or in part by third parties.
Article 6 – Working Days
Unless expressly agreed otherwise in writing, the work to be carried out in the context of the assignment will only be carried out on Monday to Friday and not on Christian or national holidays.
Article 7 – Reporting shortcomings
If the client finds that ZSM Woningontruiming is failing in the execution of the assignment agreement, he must immediately report this in writing to ZSM Woningontruiming, stating the nature of the observed shortcoming. If the shortcoming is not immediately reported in writing as described above and ZSM Woningontruiming is therefore no longer able to repair the shortcoming, the client is not entitled to compensation.
Article 8 – Gas, water and electricity
The client will provide the water, gas and electricity required for the work free of charge.
Article 9 – Payment
- The client must pay 25% of the agreed price to ZSM Woningontruiming within 7 days after conclusion of the agreement, unless the agreed work must be started earlier than 7 days after conclusion of the agreement. In the latter situation, 25% of the agreed price must be paid no later than the last working day prior to the day on which the work commences.
- Payment of the remainder of the agreed price, possibly increased by an amount for additional work, must be paid after final delivery and no later than within 7 days of the invoice date.
- ZSM Woningontruiming is entitled to charge statutory interest and extrajudicial collection costs in the event of late payment. The costs of extrajudicial collection are set at 15% of the amount to be collected with a minimum of €100 (in words one hundred euros).
- The client is not permitted to offset his payment obligations to ZSM Woningontruiming against any claims against ZSM Woningontruiming.
Article 10 – Liability
- The liability of ZSM Woningontruiming is limited to €2,500 (in words, twenty-five hundred euros) per event and in the event of multiple events to a maximum of €10,000 (in words, ten thousand euros).
- ZSM Woningontruiming is also never obliged to compensate more damage than the amount paid out by the insurer in the context of the liability insurance for companies.
- ZSM Woningontruiming is never liable for any indirect, immaterial or consequential damage.
- The client indemnifies ZSM Woningontruiming against claims from third parties resulting from or related to the execution of this agreement.
- The client is obliged to report damage within 2 days after discovery, under penalty of forfeiture of its claim for compensation.
Article 11 – Additional work costs
If hidden defects emerge during the work, the client will be contacted to discuss the additional work costs. Such as different glued layers of carpet/vinyl and/or asbestos-containing materials to be removed. We can also quote costs imposed by third parties. (e.g. housing association/landlord)
Article 12 – Demolition work
- Spaces or objects that must remain free of dust must be masked off or protected by the client himself.
- ZSM Woningontruiming is not liable for damage to pipes or cables that are located up to a depth of 2 cm in the walls or under the screed floor.
Article 13 – Floor removal
- Adhesive residue: Adhesive residue/discolouration/grout that remains after removing the floor using our floor strippers and which can only be removed or remedied by sanding or leveling, is considered additional work. A separate quotation will be drawn up for this work if necessary.
- ZSM Woningontruiming is not liable for damage to pipes or cables that are located up to a depth of 2 cm under the screed floor.
- Stair coverings: Removing stair coverings specifically involves removing the floor covering and adhesive residue. The removal of staples and nails is considered additional work and will be carried out on a subsequent calculation basis in accordance with the client.
Article 14 – Force majeure
If ZSM Woningontruiming cannot fulfill its obligations under the agreement, or cannot do so on time or properly, as a result of a cause not attributable to it, including but not limited to illness of employees, disruptions in the computer network and other stagnation in the normal course of business within his company, those obligations will be suspended until the Contractor is still able to fulfill them in the agreed manner. In the event that such a situation arises, the Contractor has the right to terminate the agreement in whole or in part and with immediate effect in writing, without any right to any compensation.
Article 15 – Applicable law and competent court
- Dutch law applies to this agreement and all further agreements arising from it
- The competent court in The Hague and in subdistrict cases in The Hague has exclusive jurisdiction to hear disputes arising from or related to this agreement.
