Terms & Conditions ServiceFix B.V.
These general terms and conditions apply to all agreements concluded with ServiceFix B.V.
Definitions
For the purposes of these terms and conditions and the provisions based thereon, the following definitions shall apply:
ServiceFix B.V.
The entrepreneur who is acting in the exercise of a profession or
company.
Hereinafter referred to as ‘ServiceFix’;
Company
Either a legal entity or a company without
legal personality which enters into the contract with
ServiceFix.
Hereinafter referred to as ‘Client’;
Consumer
Natural person who is not acting in the exercise of his or her
profession or business and enters into an agreement with
ServiceFix.
Hereinafter referred to as ‘Client’;
Offer
Any written offer or quotation to the client
to supply products and/or to carry out
work by ServiceFix;
BW
Civil code;
Agreement
Offer and acceptance between ServiceFix and the
the client on the basis of Article 6:217 of the Dutch Civil Code;
Distance contract
An agreement which, in the context of a contract
ServiceFix Organized Remote Selling System
products and/or services, up to and including the conclusion of the
agreement only uses one or more of the
more techniques for remote communication.
Identity of the entrepreneur
Name of entrepreneur:
ServiceFix B.V.
Business address:
Saturnusstraat 9, 2516 AD, The Hague
Website:
www.servicefix.nl
Telephone number:
085 800 4321
E-mail address:
Info@servicefix.nl
Chamber of Commerce number:
92529585
VAT number:
NL866088489B01
Services of ServiceFix
ServiceFix's services consist of the following activities:
- Maintaining and carrying out repairs, as well as hiring and carrying out various types of repairs and renovations in the broadest sense of the word.
- The rental of various types of containers for mixed roof waste as well as removal and processing of relevant waste.
Applicability
1. These terms and conditions apply to all offers and to all agreements concluded with ServiceFix;
2. General terms and conditions of the client do not apply. In accordance with Article 6:225 paragraph 3 of the Dutch Civil Code, the general terms and conditions of ServiceFix apply in all cases. Unless this is deviated from in writing by mutual agreement;
3. Before the distance agreement is concluded, the text of these general general terms and conditions Address: Saturnusstraat 9 in The Hague E-mail: info@servicefix.nl Website: www.servicefix.nl Telephone number: 085 800 4321 conditions made available to the client. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at ServiceFix and that they will be sent free of charge as soon as possible at the request of the client;
4. These terms and conditions also apply to agreements with ServiceFix, for the execution of which third parties must be involved by ServiceFix;
5. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the client electronically in such a way that it can be easily stored by the client on a durable data carrier by the client before the distance agreement is concluded. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be taken cognizance of electronically and that they will be sent free of charge at the request of the client by electronic means or by other means;
6. If, in the opinion of the competent court, any provision of these general terms and conditions is not applicable or contrary to public order or law, only the relevant provision will be considered as unwritten, but these general terms and conditions will otherwise remain in full force. Instead of a possibly invalid provision, a provision that comes closest to the intention of the parties applies;
7. ServiceFix is entitled to demand from the client that it provides security for the fulfilment of its obligations, before or after the conclusion of the agreement. If the security required by ServiceFix is not provided, ServiceFix may suspend the performance of its obligations and/or dissolve the agreement without judicial intervention, subject to the other rights to which ServiceFix is entitled, such as the right to compensation
8. Otherwise stipulated terms and conditions shall only form part of the agreement concluded between the parties if and insofar as both parties have expressly agreed to this in writing. The acceptance and retention by the client of a quotation or order confirmation, to which reference has been made to these terms and conditions, without comment, shall be deemed to constitute consent to their application. The possible inapplicability of (part of) a provision of these general terms and conditions does not affect the applicability of the other provisions
Offer
1. The offer is non-binding. ServiceFix is entitled to change and adjust the offer. All offers, quotations, price lists, deadlines for execution, etc. of ServiceFix are without obligation unless they contain a term for acceptance. If an offer contains a non-binding offer and this offer is accepted by the client, ServiceFix has the right to revoke the offer within five days after receipt of the acceptance
2. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer;
3. ServiceFix may assume the correctness of all information provided by the client with the application;
4. The offer contains a complete and accurate description of the services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the client. If ServiceFix uses images, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on ServiceFix;
5. All images, specification data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images are a perfect location. Address: Saturnusstraat 9 in The Hague E-mail: info@servicefix.nl Website: www.servicefix.nl Phone: 085 800 4321 true representation of the products offered;
6. Each offer contains such information that it is clear to the client what the rights and obligations are that are attached to the acceptance of the offer;
7. An offer or quotation made by ServiceFix is valid for fourteen days, unless otherwise stated.
Agreement
1. The agreement between the parties arises on the basis of offer and acceptance in accordance with Article 6:217 of the Dutch Civil Code;
2. ServiceFix will make every effort to carry out the assignment carefully and independently, to represent the interests of the client to the best of its knowledge and to strive for a result that is useful to the client. Insofar as necessary, ServiceFix will keep the client informed of the progress of the work;
3. The agreement is concluded at the moment of acceptance by the client of the offer and the fulfilment of the conditions set therein;
4. If the agreement is concluded electronically, ServiceFix will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the client is able to pay electronically, ServiceFix will take appropriate security measures into account;
5. ServiceFix can - within legal frameworks - find out whether the customer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, ServiceFix has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution;
6. Additions to and changes to the agreement can only be made in writing.
7. Assignments from the client that lead to additional work will take place in mutual consultation and will be recorded in writing;
8. Agreements or agreements with third parties of the Client are not binding on ServiceFix, unless they have been confirmed by ServiceFix;
Praise
1. If, between the date of conclusion of the contract and the performance of the contract, there is a change in wages, working conditions or social security by the government and/or trade unions, or there are changes in exchange rates in relation to the currency of the country in which the products being traded are to be settled or of the currency of the country from which the products being traded originate, ServiceFix is entitled to pass on the resulting price increases to the client. Should a new price list be issued by ServiceFix between the aforementioned dates and enter into force, ServiceFix is entitled to charge the prices stated therein to the client;
2. All prices are in principle exclusive of turnover tax (VAT) and other tax levies;
3. During the period of validity specified in the offer, the prices of the services offered shall not be increased, except in the event of price changes due to changes in VAT rates;
4. By way of derogation from paragraph 1, ServiceFix may offer products or services whose prices are subject to fluctuations in the financial market and over which ServiceFix has no control at variable prices. This fact that there are fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer;
5. The client cannot derive any rights from obvious arithmetic, counting or writing errors;
6. In het geval er geen prijs is overeengekomen, heeft ServiceFix recht op een prijs vast te stellen naar redelijkheid en billijkheid.
Additional costs
If one of the following circumstances occurs, ServiceFix has the right to charge the Client for the additional costs it has had to incur as a result, even if a fixed price for the work has been agreed with the Client:
- the agreement is extended or amended at the request of the client;
- there are waiting times and delays caused by the Client's failure to comply with its obligations or caused by third parties engaged by the Client;
Payment and extrajudicial collection costs
1. The client must pay the invoice of ServiceFix within a period of 14 days, unless explicitly agreed otherwise;
2. If payment of the invoice due to ServiceFix is not made on time and/or in full, the client is automatically in default, in the event that the client is a company. ServiceFix is then entitled, without further notice, to suspend the performance due by it arising from the agreement until its claim as described below has been paid;
3. ServiceFix is always entitled to require full or partial payment in advance or in cash. ServiceFix is also entitled to require alternative security at all times before proceeding with further performance of the agreement;
4. The client must transfer the payment to bank account number NL34 RABO 0380 1639 777 in the name of ServiceFix B.V.;
5. If the client is a company and defaults on payment, ServiceFix is entitled to increase its invoice – after a reminder – with collection costs being 15% of the outstanding amount with a minimum of € 200.00 and to recover these from the client. In the event that the client is a consumer, the invoice will be increased by the legally applicable (extrajudicial) collection costs;
6. ServiceFix outsources the matters relating to debt collection to Debtt B.V., De Oude IJssel 3, 8253 PV Dronten, Chamber of Commerce 82929823.
Guarantee
1. The goods to be delivered by ServiceFix meet the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty referred to in this article applies to items intended for use within the Netherlands. In the case of use outside the Netherlands, the client must verify whether the use is suitable for use there and whether it meets the conditions set for it. In that case, ServiceFix may impose other warranty and other conditions with regard to the goods to be delivered or work to be carried out;
2. The guarantee referred to in paragraph 1 of this article is valid for a period of fourteen days after delivery, unless the nature of the delivered goods dictates otherwise or the parties have agreed otherwise. If the warranty provided by ServiceFix relates to an item that was produced by a third party, the warranty is limited to that provided by the manufacturer of the item for it, unless otherwise stated;
3. Any form of warranty shall lapse if a defect has arisen as a result of or arises from injudicious or improper use thereof, improper storage or maintenance thereof by the client and/or by third parties when, without the written permission of ServiceFix, the client or third parties have made or attempted to make changes to the item, other items have been attached to it which do not need to be attached thereto or if they have been processed or processed in a manner other than that prescribed. The client is also not entitled to warranty if the defect is caused by or is the result of circumstances beyond ServiceFix's control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), etc.;
4. The Client is obliged to examine the delivered goods (or have them inspected) immediately at the moment that the goods are made available to him or the work in question has been carried out. In doing so, the client must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed upon and meets the requirements that the parties have agreed upon. Any visible defects must be reported to ServiceFix in writing within seven days of delivery. Any non-visible defects must be reported to ServiceFix immediately, but in any case no later than fourteen days after discovery. The report must contain a description of the defect that is as detailed as possible (and also provided with visual material or any other form of supporting evidence), so that ServiceFix is able to respond adequately. The client must give ServiceFix the opportunity to investigate a complaint (or have it investigated)
5. If the client submits a complaint in a timely manner, this does not suspend its payment obligation;
6. If a defect is reported at a later date, the client is no longer entitled to repair, replacement or compensation;
7. If it has been established that an item is defective and a complaint has been made in this regard in a timely manner, ServiceFix will replace the defective item within a reasonable period of time after receipt of the defect or, if return is not reasonably possible, in writing notification of the defect by the Client, at the discretion of ServiceFix, or arrange for the repair thereof or pay the Client a replacement fee for this. In the event of replacement, the client is obliged to return the replaced item to ServiceFix and to provide ownership thereof to ServiceFix, unless ServiceFix indicates otherwise;
8. If it is established that a complaint is unfounded, the costs will be incurred as a result, including the investigation costs, on the part of ServiceFix as a result, in full for the account of the client;
9. At the end of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the client.
Liability
1. If ServiceFix is liable, this liability is limited to what is provided for in this provision;
2. ServiceFix is not liable for damages, of whatever nature, caused by the fact that ServiceFix has relied on incorrect and/or incomplete information provided by or on behalf of the client;
3. If ServiceFix is liable for any damage, the liability of ServiceFix is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates;
4. The liability of ServiceFix is in any case always limited to the amount of the payment from its insurer if necessary
5. ServiceFix is only liable for direct damage
6. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to ensure that the defective performance of ServiceFix complies with the agreement, insofar as these can be attributed to ServiceFix and reasonable costs, made to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions;
7. ServiceFix is never liable for indirect damages, including consequential damages, lost profits, missed savings and damage due to business interruption;
8. The limitations of liability included in this article do not apply if the damage is attributable to intent or gross negligence on the part of ServiceFix or its managerial subordinates;
9. ServiceFix expressly emphasizes that the advice depends on the information that the client makes available to ServiceFix and the current information that is available to it. An advice or the outcome thereof is a snapshot in time and can never lead to any form of liability on the part of ServiceFix
Involvement of third parties
ServiceFix is authorized to engage third parties for the execution of what has been agreed.
Obligations of the client
1. Unless otherwise agreed, the client shall ensure that
ServiceFix in good time, before the start of the execution of the work, the
has about:
• all permits, exemptions and allocations required by the contract;
• the location where the work is to be carried out has been evacuated;
• there is sufficient opportunity for the supply, storage and/or removal of building materials, and
Tools;
• sufficient connection options for power tools, among other things,
tapping points for gas and water;
• all data relating to the location of cables, pipes and conduits in, on, on or
below the construction site or building plot.
2. The client is obliged, without entitlement to compensation, to provide water, gas, electricity and storage space for materials and tools, if these are present at the construction site;
3. If the Client has reserved the delivery of certain building materials and/or the execution of certain activities, the Client will be responsible and liable for the failure to supply and/or carry out these materials on time;
4. If there is a delay at the start or progress of the agreed assignment due to the responsibility of the client, the client is liable for the resulting damage and the client must grant a postponement for the delivery of the agreed work for a period that is at least equal to the duration of the delay that has arisen.
Retention
1. All goods delivered by ServiceFix in the context of the agreement remain the property of ServiceFix until the client has properly fulfilled all obligations from the agreement(s) concluded with ServiceFix and has expressly agreed in writing that the delivered goods, etc., will become the property of the client;
2. Goods delivered by ServiceFix, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The client is not authorised to pledge or encumber the goods subject to retention of title in any other way;
3. The client must always do all that can reasonably be expected of him to secure the property rights of ServiceFix;
4. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the client is obliged to inform ServiceFix of this immediately;
5. The client undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by ServiceFix on first request. In the event of a payment from the insurance, ServiceFix is entitled to these tokens. To the extent necessary, the client undertakes vis-à-vis ServiceFix in advance to cooperate with all that may be necessary or desirable in that context;
6. In the event that ServiceFix wishes to exercise its property rights referred to in this article, the Client gives in advance unconditional and irrevocable permission to ServiceFix and third parties to be designated by ServiceFix to enter all those places where ServiceFix's property is located and to take back those items.
Force majeure
1. In the event of force majeure, ServiceFix is entitled to dissolve the agreement in whole or in part
without being liable to pay any compensation;
2. Force majeure is understood to mean: any circumstance beyond the control of ServiceFix that makes proper performance of the agreement temporarily or permanently impossible. In the event of temporary impossibility, ServiceFix also has the right to suspend its performance without being obliged to pay compensation;
3. Circumstances in which there will be non-attributable non-compliance shall include, but are not limited to: war, riots, mobilisation, domestic and foreign disturbances, government measures, strikes and lockouts by workers or threats of these etc. circumstances; disruption of the currency relations existing at the time of entering into the agreement; operational disruptions due to fire, accident or other occurrences and natural phenomena, regardless of whether the non-performance or late performance takes place at ServiceFix, its suppliers or third parties engaged by it for the performance of the obligation;
4. In the event that the client should in any way fail to comply with its obligations vis-à-vis ServiceFix promptly, in the event of cessation of payment, application for (provisional) suspension of payments, bankruptcy, foreclosure attachment, surrender of the estate or liquidation of the client's company, all that is owed by the client to ServiceFix by virtue of any contact shall immediately become due and payable in full
Right of withdrawal
1. If the client is a consumer, he/she may dissolve an agreement with regard to the performance of the work during a cooling-off period of at least fourteen days without giving reasons. ServiceFix may ask the client for the reason for withdrawal, but may not oblige it to state its reason(s);
2. The cooling-off period referred to in paragraph 1 shall begin on the day following the conclusion of the agreement;
3. In the event that the work has been commenced by ServiceFix, the client is obliged to pay any costs already incurred by ServiceFix for these activities already performed.
4. Business clients have no right of withdrawal under Dutch law.
5. If the client has paid an amount, ServiceFix will refund this amount as soon as possible, but no later than 30 days after withdrawal, after deduction of the costs already incurred insofar as they are covered by the amount paid.
Amendment clause
- ServiceFix reserves the right to change the general terms and conditions unilaterally and without the consent of the client;
- Changes to these terms and conditions shall only be effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favourable to the client shall prevail.
Governing Law
- All legal relationships arising from or in connection with the agreement are governed by Dutch law;
- Any disputes will be settled by the competent Dutch court in the district where ServiceFix's registered office is located. ServiceFix is also free to have the disputes settled by the competent court of the district where the customer is located
