Terms and conditions, and the guarantee

1. These terms are those of De Jong Dakbedekkingen, trading as P. de Jong Dakbedekkingen, established at Frans Lebretstraat 1, 3343 DV Hendrik-Ido-Ambacht, the Netherlands.

2. Chamber of Commerce 23085704. VAT identification number NL001470019B23. Reachable on 06 - 54 90 68 17 and info@dejongdak.nl.

3. In these terms De Jong Dakbedekkingen is referred to as the contractor and the other party as the client.

1. These terms apply to every quotation, instruction and agreement between the contractor and the client, unless the parties have expressly agreed otherwise in writing.

2. The client's own general terms are not accepted unless the contractor has agreed to them in writing beforehand.

3. If a provision of these terms is void or annulled, the remaining provisions stay in full force. The parties will then consult on a replacement provision that stays as close as possible to the intention of the original.

1. A quotation is drawn up after the contractor has inspected the roof on site, and is valid for thirty days unless the quotation states a different period.

2. A quotation is without obligation and commits the client to nothing. Inspecting the roof and drawing up the quotation involve no cost.

3. The quotation states the work that will be carried out. Work not included in it falls outside the instruction.

4. An obvious clerical or arithmetical error in a quotation does not bind the contractor.

The agreement is formed at the moment the client accepts the quotation, in writing or by electronic means, or at the moment the contractor begins the work with the client's consent.

1. The contractor carries out the work to the best of his insight and ability, in accordance with the standards of good workmanship and using materials suitable for the application.

2. Any stated start date is an expectation and not a strict deadline. Weather in which it is not safe to work on a roof entitles the contractor to suspend the work until conditions allow. The client is informed of this as soon as possible.

3. The client ensures that the contractor has access to the roof and the space needed on the agreed days, and that water and electricity connections are available in so far as the work requires them.

4. The client warrants that the structure being worked on can carry the work and the equipment, unless the contractor has assessed that structure himself.

1. If it emerges during the work that more needs to be done than the quotation covers, for instance because the roof decking or insulation under the old covering has been affected, the contractor reports this before starting on it.

2. Additional work is only carried out once the client has agreed to it. That agreement may also be given verbally or by electronic means; the contractor records what has been agreed.

1. The work is deemed handed over at the moment the contractor has stated that it is complete and the client has accepted it.

2. Minor defects that do not impede the use of the roof are no reason to refuse handover. The contractor remedies them as soon as possible.

1. Payment falls due immediately upon receipt of the invoice. Where the invoice states a different period, that period applies.

2. For larger works the quotation may provide for payment in instalments. The division is then set out in the quotation.

3. If payment is not made, the client is in default and owes statutory interest. Extrajudicial collection costs only fall due from a consumer after he has been given notice to pay within a period of fourteen days, running from the day after receipt of that notice, and are calculated in accordance with the Dutch decree on compensation for extrajudicial collection costs.

1. The contractor guarantees for ten years from handover that the roofing he has applied is watertight. This guarantee covers the work the contractor has carried out himself and the materials he has used in doing so.

2. If within the guarantee period the roof proves not to be watertight at a part carried out by the contractor, he remedies this at no charge. The remedy covers the labour and the materials needed for the repair.

3. The guarantee is given by the business. It ends by operation of law at the moment the business ceases its activities, even if the guarantee period has not then expired, and does not pass by operation of law to a legal successor.

4. The guarantee attaches to the property and passes to the new owner on sale of the house or building, provided the new owner can produce the guarantee certificate.

5. This guarantee leaves a consumer's statutory rights unaffected. A consumer may in addition always rely on the right to a sound product and sound work as laid down in the Dutch Civil Code.

1. Damage caused by storm, hail, lightning, fire, frost, earthquake or other external causes.

2. Damage caused by work carried out by others on or to the roof after handover, including the fitting or removal of installations, solar panels, aerials or cabling.

3. Damage caused by walking on the roof other than for normal maintenance, or by objects placed on or fallen onto the roof.

4. Defects in parts the contractor did not fit himself, including the existing substructure, existing roof windows and rooflights, and existing lead and zinc work, unless those parts formed part of the instruction.

5. The consequences of deferred maintenance, including blocked rainwater outlets and gutters, and of standing water arising from them.

6. Discolouration, ageing and other consequences of normal use that do not affect watertightness.

7. Damage resulting from a structural defect in the building or from settlement of the building.

1. The watertightness of the work carried out by the contractor is covered by the ten-year guarantee under article 9. That period stands on its own and is not curtailed by this article.

2. This article concerns the remaining shortcomings in the work delivered: defects that do not relate to watertightness, including damage to, or the improper functioning of, parts the contractor has installed or connected.

3. The client reports such a shortcoming as soon as possible after discovering it or after he could reasonably have discovered it. A consumer who reports within two months of discovery has in any event reported in time. Reporting may be done by telephone or by e-mail.

4. The client gives the contractor the opportunity to investigate and remedy the defect. If the client has the defect remedied by someone else without consultation, the guarantee lapses for that part, unless delay was not reasonably possible in order to prevent further damage.

5. The client limits the damage as far as may reasonably be expected of him.

1. The contractor's liability is limited to remedying the defect as described in article 9 or, if remedy is not possible, to the amount charged for the work concerned.

2. The contractor is not liable for consequential loss, including business interruption and lost turnover, except in the event of intent or deliberate recklessness on his part.

3. These limitations do not apply to personal injury, nor in cases where limitation of liability is not permitted by law.

1. Where the agreement with a consumer is concluded away from the contractor's business premises, for instance at the consumer's home, or by electronic means, the consumer has the right to cancel the agreement within fourteen days without giving reasons. The period begins on the day after the agreement is concluded.

2. Cancellation may be made by stating so unambiguously within that period, by telephone or by e-mail.

3. If the consumer wishes the work to begin within the cooling-off period, the contractor asks him to confirm this expressly. If the consumer then still cancels, he owes an amount proportionate to the work carried out at that point.

1. If the client has a complaint about the work, he first contacts the contractor. In virtually every case the parties resolve matters between themselves.

2. Dutch law applies to all agreements. Disputes are submitted to the competent court in the district where the contractor is established, unless the law mandatorily designates another court.