- version 201109 on the basis of the 1998 AVV & 1992-1 AGM.
The offer will be made in writing, except in urgent circumstances.
2. The written offer shall indicate, among other things:
a. The location of the work;
b. a description of the work;
c. according to which drawings, technical descriptions, designs and calculations the work will be carried out;
d. the expected time of commencement of the work as well as a target time within which the work can be delivered;
e. the price of the work described in the quotation, not including (turnover) tax. The contractor shall state separately in the quotation the amount of turnover tax due;
f. whether the contract price will be paid in instalments; g. whether any provisional items have been taken into account, and if so, which ones.
3. The target period within which the work will be delivered is determined either by mentioning a certain day or a number of workable working days.
4. The quotation shall be dated and shall be valid for ninety days from that day.
5. The offer must be accompanied by:
a. A copy of these general terms and conditions;
b. annexes mentioned in the tender (such as, for example, a risk regulation declared applicable).
6. Drawings, technical descriptions, designs and calculations made by the contractor or on his behalf remain the property of the contractor.
They may not be handed over or shown to third parties with a view to obtaining a comparable offer. Nor may they be copied or otherwise multiplied.
If no assignment is granted, these documents must be returned to the contractor carriage paid within 14 days after a request to that effect has been made by the contractor.
7. If the tender is not accepted, the contractor is entitled to charge the costs involved in the creation of the tender to the person at whose request he submitted the tender, if he has stipulated this before submitting the tender.
Article 2: Obligations of the client
1. The principal shall ensure that the contractor has timely access to the parts of the building on which the work is to be carried out. If the contractor has informed the principal before or no later than the conclusion of the contract that the building or plot of land must be completely or partially vacated in order to carry out the work, the principal shall ensure such evacuation in good time. For or at the latest
When concluding the agreement, the principal and the contractor shall determine what possibilities there are for storing the building materials required for the execution of the work.
2. The principal shall ensure that the contractor has access to electricity, gas and water.
3. The costs of electricity, gas and water for the execution of the work shall be borne by the contractor.
client.
4. During the execution of the work, work or deliveries by third parties may be carried out by the principal. As soon as the principal wishes to make use of this authority, he shall inform the contractor. The principal shall ensure that the work and deliveries to be carried out by third parties are carried out in such a way and in such a way that the execution of the work is not hindered or delayed as a result.
5. The principal is responsible for the building materials that he makes available to the contractor for the execution of the work.
6. If the work is carried out according to an antwerp produced by or on behalf of the principal, the principal guarantees the soundness of that antwerp, unless the contractor has explicitly taken over this responsibility from the principal.
Artikell: Offers
7. The responsibilities of the principal as described in subsections 5 and 6 shall not affect the contractor's warning obligation as referred to in subsection 10 of article 3.
8. Without prejudice to the provisions of article 3 clause 5, the principal bears the risk of the contractor finding an object which constitutes a material impediment to or impediment to the execution of the work, except insofar as the contractor was reasonably aware or should have been aware of the presence of that object. If such an obstruction or hindrance occurs, the contractor and the principal shall consult with each other about the consequences thereof.
Article 3: Obligations of the contractor
1. The contractor is obliged to carry out the work properly and soundly and in accordance with the provisions of the agreement. With due observance of article 2 paragraph 5, the contractor guarantees the good quality of the building materials, their suitability for their purpose and their timely delivery.
2. The contractor guarantees the soundness of the design produced by him or on his behalf. The circumstance that the design has been produced by or on behalf of the contractor on the basis of a sketch design originating from the principal, or a design proposal that is equivalent to it, does not lead to a reduction of this responsibility.
3. The execution of the work must be such that the realisation of the work within the set target period remains the starting point at all times.
4. The contractor will apply for the building permits required for the realisation of the work if agreed. The client shall be responsible for the costs owed to the government and other bodies in connection with these applications.
5. If the nature of the work gives cause to do so, the contractor shall, before commencement of the work, acquaint himself with the Jigging of underground cables and pipelines.
6. The work and its execution shall be at the contractor's risk from the time of commencement up to and including the day on which the work is completed or can be deemed to have been completed.
7. The contractor is deemed to be familiar with the government regulations and regulations of utility companies relevant to the work, insofar as these apply on the day the contract is concluded. The consequences of complying with these regulations shall be for his account.
8. The contractor may subcontract parts of the work to Iaten, but remains fully responsible for those parts.
9. The contractor is liable for damage to the client's property, insofar as the client demonstrates that this has been caused by the execution of the work, unless such damage is the result of
of a circumstance that cannot be attributed to the contractor. The contractor shall indemnify the principal against claims by third parties for compensation of damage, insofar as the principal demonstrates that this damage was caused by the execution of the work, unless the damage is the result of a circumstance that cannot be attributed to the contractor.
10. The contractor shall be obliged to point out to the principal any imperfections in the design produced by or on behalf of the principal and in the building materials provided by him, all this to the extent that the contractor knew or should reasonably have known them. If the contractor fails to fulfil the obligation described in this paragraph, he shall be liable for the harmful consequences of his default.
11. If the principal requests the contractor to apply certain working methods or building materials, other than the building materials referred to in paragraph 10, then requests the contractor to purchase building materials from a particular supplier, the contractor shall retain responsibility for the working methods, building materials and suppliers concerned, unless the principal has persevered in his request despite a warning given by the contractor.
12. The contractor is deemed to be adequately insured against the risks as described in paragraphs 6 and 9 of this article.
Article 4: Delivery
1. The contractor shall inform the principal in good time before completion of the work of the date on which the work will be completed.
is ready for delivery.
2. Delivery is understood to mean the date on which the work is delivered to the client, after an
report of any shortcomings has been drawn up and signed by the parties.
3. A shortcoming that is not recognised by the contractor will be mentioned as such in the delivery report.
4. The shortcomings observed and acknowledged upon delivery will be remedied as soon as possible, but within 30 workable working days at the latest. This period shall apply if the contractor decides to remedy a shortcoming not initially recognised by him.
5. If, in view of the nature or extent of the shortcomings, delivery cannot reasonably be said to have taken place, the contractor shall, after consultation with the principal, state a new date on which the work will be ready for delivery.
Article 5: Service period and liability of the contractor
1. A service period of 1 month applies after delivery. The contractor shall rectify defects discovered during the service period, with the exception of those for which he can demonstrate that the cause is attributable to the principal.
2. After the service period, the contractor is no longer liable for defects in the work unless:
a. The work or any part thereof contains a shortcoming which could not reasonably have been recognised by the principal before the time of discovery;
b. the work or any part thereof has a serious shortcoming. A shortcoming can only be considered serious if it affects or endangers the solidity of the construction or an essential part thereof, or makes the work unsuitable for its purpose.
3. The principal shall notify the contractor of any shortcoming within a reasonable period of time after its discovery.
4. The legal action on account of a shortcoming as referred to in the second paragraph under a is inadmissible if it is instituted after 6 months after delivery.
5. The legal action on account of a shortcoming as referred to in the second paragraph under b is inadmissible if it is instituted after 6 months after delivery.
6. As from the agreed construction period, the client undertakes to insure himself against at least; fire, storm and aircraft damage. Even after completion, the contractor shall not be liable in any way whatsoever for fire, storm and aircraft damage and the principal shall ensure comprehensive risk insurance.
Article 6: Shutdown of the work
1. The client is authorised to stop the execution of the work in whole or in part. 2. At the initiative of the client, the parties shall arrange the consequences of the shutdown.
3. If not otherwise agreed, the following applies:
a. The costs of provisions that the contractor must make as a result of the shutdown will be reimbursed to him;
b. damage that the contractor suffers as a result of the still egging will be compensated to him;
c. if the shutdown lasts longer than 14 days, the contractor is entitled to payment for all work carried out; d. if the shutdown lasts longer than 1 month, the contractor is entitled to end the work in an unfinished state. In that case, the scope and condition of the executed work will be determined by the parties by means of a joint inspection and settlement will take place.
4. The consequences described in the second and third paragraphs do not take effect if the still egging is the result of a shortcoming in the contractor's performance.
Article 7: Termination
The principal is entitled to terminate the contract in whole or in part. Unless the provisions of article 6 paragraph 4 or article 12 are applicable, the contractor is entitled to the contract sum, increased by the costs of maintaining the work and reduced by the costs saved by the termination. in the event of such termination, the contractor will send the principal a specified final invoice. With a view to this final settlement, the parties will determine the scope and condition of the work carried out by means of a joint inspection.
Article 8: Additional and less work
1. The principal may request the contractor to make changes to the work in advance. As soon as possible after the request, the contractor shall provide a written indication of the price of the change and the consequences for the date on which, or the period within which, the work is to be delivered. In the absence of a written order
the proof of the change shall rest with the person who makes the claim to set-off.
2. If it appears from the final settlement of the work that the total amount of the less work exceeds the total amount of the additional work, the contractor is entitled to a bed rag equal to 10% of the difference of those totals.
3. Adjustments are amounts mentioned in the contract which are included in the contract price and which are intended for either:
a. The purchase of building materials; or
b. the acquisition of building materials and the processing thereof; or
c. the performance of activities,
which have not been determined with sufficient precision on the day of the agreement and which the client must fill out in more detail.
This Agreement shall specify to which it relates in respect of each item of correspondence.
4 . If the nature of the supporting item is not or not sufficiently specified, it shall be deemed to relate solely to the purchase of building materials.
5. If an estimated item only relates to the purchase of building materials, the costs of processing those building materials are included in the contract price.
6. The expenditure to be charged to the provisional items is calculated on the basis of the prices charged to the contractor. Unless otherwise agreed, the principal shall owe a contractor's fee of 10% for this. This fee shall also be charged to the provisional item.
Article 9: Modified or impossible execution
1. If during the execution of the work it appears that the work or a part thereof can only be modified due to unforeseen circumstances, the party who first becomes aware of this circumstance shall consult with the other party.
The contractor shall inform the principal of the financial consequences.
An agreed modified execution will be settled as more and less work.
2. If the execution of the work becomes impossible because the object on which or to which the work must be carried out is destroyed or lost without this being attributable to the contractor, the contractor shall be entitled to a proportional part of the agreed price on the basis of the work carried out and costs incurred.
In the event of intent or gross negligence on the part of the principal, the contractor shall be entitled to an amount calculated in accordance with article 7.
Article 10: Payment, payment In instalments, final settlement
1. When a term becomes due, the contractor will send an invoice to the principal. This
invoice must be paid within 2 weeks after receipt, unless otherwise agreed in writing.
2. Within a reasonable period of time after delivery, the contractor will send the principal a specified final invoice. The sa ldo must be paid within 3 days of receipt, unless otherwise agreed in writing.
Article 11: Suspension of payment
If the work performed does not comply with the agreement, then in the event of non-compliance, the client has the right to suspend payment in whole or in part. The amount involved in the suspension must be in reasonable proportion to the shortcoming or non-performance.
Article 12: Default by the client
1. If the client fails to pay an invoice on time, he shall be entitled to cancel the contract with effect from the first day after the expiration of the contract.
the payment period the statutory interest due on the amount of the account.
2. If the principal fails to pay on time, the contractor may proceed to collect the claim, provided that he does not fail to pay the principal on time.
the client has given written notice to pay within 7 days and that payment has not been made.
3. If the principal fails to pay on time, the contractor may halt the work until such time as payment has been made, provided he has given the principal written notice to pay within 7 days and payment has not been made. This suspension shall not prevent the contractor from claiming compensation for the damage and costs arising from the principal's default. The contractor shall ensure that the damage and costs remain within reasonable limits.
4. If damage to the work occurs during the shutdown of the work under the previous paragraph, this shall not be for the contractor's account, provided that he has previously informed the principal in writing of this consequence of the shutdown.
Article 13: Failure of the contractor to perform
1. If the contractor fails to fulfil his obligations with regard to the commencement or continuation of the work, the principal may give him notice to commence or continue the execution of the work as soon as possible.
The reminder should preferably be in writing.
2. The principal is authorised to have the work carried out or continued by third parties, if the contractor, after 7 working days after receipt of the reminder referred to in the previous paragraph.
3. In the case referred to in the previous paragraph, the client shall be entitled to compensation of the costs incurred as a result of the default.
damage and costs incurred by the contractor.
4. The principal shall ensure that the costs incurred by the contractor as a result of the application of the previous paragraph shall be borne by the contractor.
members remain within reasonable limits.
Article 14: Complaints handling
If the principal informs the contractor of a shortcoming in the work, the contractor is obliged to inform the principal as soon as possible whether he is prepared to remedy the shortcoming. If he is not prepared to do so, he will state the reasons.
Article 15: Disputes
1. Any disputes that may arise between the client and the contractor in connection with this agreement or any agreements resulting therefrom shall be settled in accordance with the rules described in the Articles of Association of the Arbitration Board for the Construction Industry in the Netherlands, as they stand 3 months before the agreement was concluded.
2. Contrary to the first paragraph, disputes which fall within the competence of the Subdistrict Court may be submitted to the Court of Justice for a hearing.