Terms & Conditions

Here you will find the General Terms and Conditions Ultrices Leak Detection

General sales and delivery conditions

In these General Terms and Conditions (“Terms”) the following definitions apply:

a. User: Leak Solutions Netherlands registered in the Trade Register under number 77494490 0000, trading as Ultrices Lekdetection, with offices at Pa Pinkelmanstraat 24 in Almere;

b. Client: the natural person or legal entity that has instructed the User to perform work;

c. Agreement: any agreement concluded between the User and the Client, any amendment or addition thereto, as well as all (legal) acts in preparation and implementation of that Agreement;

d. Services: all work, in whatever form and by whatever name, that the User performs for or on behalf of the Client.

2. Applicability

2.1 These general terms and conditions apply to all legal relationships between the User and the Client insofar as the User has not agreed in writing to a deviation from these terms and conditions. The User is always entitled to re-establish these general terms and conditions, in particular in connection with changes in regulations or case law that change or expand the User's liability in such a way that the User no longer bears its (business) risk/liability in whole or in an economically justified manner. can insure. The most recently adopted text of these general terms and conditions therefore always applies.

2.2 These terms and conditions also apply to all agreements with the User, for the implementation of which third parties must be involved.

2.3 The applicability of any general terms and conditions of the Client is expressly rejected by the User.

3. Offers

3.1 All offers are without obligation. The User is only bound after the User has accepted an assignment in writing or has otherwise confirmed its approval, for example (but without being limited to this) by actually executing it.

3.2 All statements by the User of numbers, sizes and/or other indications of the services have been made with care, but the User cannot guarantee that no deviations will occur in this regard. Drawings or models shown or provided are only indications of the relevant services. If the Client demonstrates that the services delivered or delivered deviate to such an extent from the User's specifications or from the drawings or models that he can no longer reasonably be obliged to purchase them, the Client has the right to terminate the Agreement, but only to the extent that that dissolution is reasonably necessary.

3.3 Images, drawings and the like provided by the User remain his property and may not be copied or reproduced, nor made available to third parties, without his express permission.

4. Execution

4.1 The User will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship on the basis of the state of the art known at that time, without, however, guaranteeing a specific result.

4.2 If and insofar as proper execution of the Agreement requires this, the User has the right to have certain work carried out by third parties.

4.3 Unless the parties have expressly agreed otherwise in writing, the Client is obliged to make available in a timely manner in the desired form and in the desired manner all data and documents, permits, exemptions and other dispositions that the User deems necessary for the correct execution of the Agreement. set. The Client guarantees the accuracy, completeness and reliability of the data and documents made available to the User, even if they originate from third parties, unless otherwise dictated by the nature of the Agreement. If and insofar as the Client so requests, the documents made available will be returned to him. The Client guarantees that it will give the User the opportunity to carry out the agreed work. To this end, the Client guarantees that the User will have free and safe access to the workplace during the agreed working hours. The Client also provides sanitary facilities and a suitable break room.

4.4 The Client is obliged to inform the User immediately about facts and circumstances that may be important in connection with the execution of the Agreement, such as (but not limited to) the safety, labor and safety regulations applicable in the Client's company, sector or region. and environmental regulations.

4.5 The additional costs and additional fees resulting from the delay in the execution of the Agreement, caused by failure to provide the required data and documents, not to do so on time or not to provide them properly, will be borne by the Client.

4.6 The User is not liable for damage of any nature whatsoever because the User relied on incorrect and/or incomplete information provided by the Client, unless this incorrectness or incompleteness should have been known to him. The Client will indemnify the User against all damage and claims from third parties for damage that these third parties suffer as a result of the use by the User of the information that the Client has provided to the User.

4.7 If it has been agreed that the Agreement will be executed in phases, the User may suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing.

4.8 If the Client fails to fulfill its obligations towards the User and this causes a delay in the execution of the work, the work will be carried out as soon as the User's planning allows this. In addition, the Client is liable for all damage resulting from this for the User. 5. Contract duration; execution period; delivery

5.1 The Agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.

5.2 If a term has been agreed within the term of the Agreement for the completion of certain work, this is never a strict deadline. If a term is exceeded, the Client must first give notice of default in writing to the User.

5.3 Unless performance is undoubtedly permanently impossible, the Agreement cannot be terminated by the Client due to exceeding the deadline, unless the User does not or does not fully execute the Agreement within a reasonable period notified to him in writing after the agreed delivery period has expired. Dissolution is then permitted in accordance with Article 265, Book 6 of the Civil Code.

5.4 If the Client owes an advance payment or is required to provide information and/or documents required for the execution, the period within which the work must be completed will not commence until payment has been received in full or sufficient to the User's satisfaction. security has been provided, or the information and/or documents have been made fully available. If the payment or security requested by the User has not been received by the User within 10 days, the User is entitled to terminate the Agreement, without prejudice to the User's right to claim damages from the Client. If the User has already carried out the work, the User is entitled to suspend its performance until the Client has provided sufficient security or has paid, without prejudice to the User's right to claim damages.

5.5 If during the execution of the Agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust the Agreement accordingly in a timely manner and in mutual consultation. If the parties change or supplement the Agreement in such a way that the time of completion of the execution is affected, the User will inform the Client of the changed delivery/completion date as soon as possible. If a fixed fee has been agreed, the Client is obliged to reimburse the User for any excess of this fee caused by the amendment or addition to the Agreement.

6. Confidentiality Unless otherwise required by law, the User and the Client are obliged to each other to maintain the confidentiality of all confidential information that they have obtained from or about each other in the context of an Agreement concluded between them. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.

7. Prices/fees

7.1 Unless expressly agreed otherwise in writing, all User prices are expressed in Euros and exclusive of: a. sales tax; b. costs for earthworks, cutting, demolition, masonry, carpentry, repairs or other construction work; c. the costs for connection and use of gas, water, electricity or other infrastructure or utilities; d. the costs of preventing or limiting damage to items present at or near the work; e. the costs of supply or removal of materials, building materials or waste; The fee owed is not dependent on the outcome of the assignment granted and is payable as work has been carried out by the User on behalf of the Client.

7.2 Parties can agree on a fixed fee when concluding the Agreement. If no fixed fee has been agreed, the fee will be determined on the basis of actual hours spent, calculated in accordance with the usual hourly rates of the User applicable at the time the work was performed, unless a different hourly rate has been agreed.

7.3 The rates/prices used by the User are based on the price level on the date of quotation. If one of these cost price components is increased after confirmation of the order (even if a fixed fee or (hourly) rate has been agreed), but before delivery of the services, the User has the right to pass on the increases to the Client.

7.4 Additional work will be charged based on the value of the price-determining factors at the time the additional work is performed. Additional work will in any case occur if: a. the information provided by the Client is not in accordance with reality; b. estimated quantities or estimated time taken are deviated by more than 10%.

7.5 For orders with a term of more than two weeks, the amounts due will be charged periodically.

7.6 The User always has the right to charge one or more advances to the Client, even if this is not stated in a quotation or order confirmation.

7.7 The User is entitled to charge an irregularity surcharge for work performed during public holidays, weekends and outside the User's regular office hours.

7.8 For assignments that require more time than usual, the User is entitled to demand compensation for each part of the day that the User works for the Client. This compensation is equal to the usual rate per half day.

7.9 The Client will only receive the digital leak detection report from the User after the associated invoices have been paid from the User to the Client.

8. Terms of payment

8.1 Payment must be made upon completion/delivery to the User.

9. Force Majeure

9.1 In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes foreseen or unforeseen over which the User has no influence, but as a result of which the User is unable to fulfill its obligations. This includes strikes in the User's company, as well as non-delivery or late delivery to the User by its supplier, strikes in the supply of energy and/or heat and weather conditions that make the User's work impossible or too dangerous, such as cold, slippery conditions, heat, rain and wind, mobilization, war, threat of war, and riots, export bans and other restrictive measures from both domestic and foreign governments, fire, strikes, lack of personnel or other disruptions in the User's business, as well as the failure or late issuance of permits or exemptions if it has been agreed that the User will request this.

9.2 The User also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after the User should have fulfilled his obligation.

9.3 During force majeure, the User's obligations are suspended. If the period in which fulfillment of the User's obligations is not possible due to force majeure lasts longer than two months, both parties are entitled to terminate the Agreement without any obligation to pay compensation in that case.

9.4 If, when the force majeure occurs, the User has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already carried out or executable and the Client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already executed or executable part has no independent value.

9.5 The parties will inform each other as soon as possible of a (possible) force majeure situation.

10. Liability/indemnification

10.1 The User is liable to the Client for direct damage that is the direct result of an attributable shortcoming in the execution of the Agreement, insofar as the shortcoming consists of failure to observe the care and expertise that may be exercised in the execution of the Agreement. trusted. The User is not liable for: * damage suffered by the Client or third parties as a result of the provision of incorrect or incomplete data or information by or on behalf of the Client to the User; * damage suffered by the Client or third parties as a result of an act or omission of assistants engaged by the User (not including employees of the User); * business, indirect or consequential damage suffered by the Client or third parties; * visual damage suffered by the Client or third parties, including damage caused by or during the execution of the work to items being worked on or to items located in the vicinity of the place where work is being performed.

10.2 The User has the right at all times to undo damage suffered by the Client to the extent possible. If the Client is considering holding the User liable for compensation for damage, the Client is obliged to consult with the User before declaring liability.

10.3 The liability of the User for a shortcoming in the performance of the Agreement as well as for an unlawful act is limited to three times the amount that the Client has paid to the User as a fee (excluding sales tax) in accordance with the provisions of Article 7 and/or still to be paid. is owed in respect of the work to which the event causing the damage relates or is related to.

10.4 The User's liability for damage resulting from death or physical injury is limited to the amount paid out on the basis of the insurance agreement concluded by the User. If the User has not been able to insure this risk, its liability is limited to a maximum of three times the amount that the User has invoiced to the Client for the execution of the contracted work, with a maximum of EUR 50.000. Even if no amounts have been invoiced by the User (yet), the User's liability is limited to a maximum of EUR 50.000.

10.5 A claim for compensation for damage must be submitted to the User no later than twelve months after the Client discovered the damage, failing which the right to compensation will lapse.

10.6 The Client is obliged to indemnify and hold User harmless against all claims from third parties - including shareholders, directors, supervisory directors and staff of the Client as well as affiliated legal entities and companies and others involved in the Client's organization - arising from or in connection with with the work of the User on behalf of the Client.

10.7 The exclusions or limitations of the User's liability arising from this article, as well as the Client's indemnification obligation arising from the previous paragraph, do not apply to the extent that the damage is the result of intent or deliberate recklessness on the part of the User.

10.8 The Client indemnifies the User against all costs and damage that may arise for the User from the fact: a. that the Client is not properly registered for turnover tax or a comparable tax in a relevant EC member state; and/or b. that the Client provides incorrect or untimely information to the User and/or the authorities in the field of turnover tax or a similar tax in a relevant EC Member State.

10.9 The Client is liable for all damage resulting from loss, theft, burning or damage to tools, materials and other items belonging to the User that are located at the location where the work is carried out.

11. Inspection and complaints/complaints

11.1 The Client is obliged to inspect upon delivery of the services provided by the User. Any complaints about defects in the services must be communicated to the User in writing within eight days at the latest. Defects that could not reasonably have been discovered within the above period must be reported to the User in writing immediately after discovery and no later than within 14 days after termination of the work.

11.2 The Client will provide all cooperation desired by the User in investigating the complaint, including by giving the User the opportunity to conduct an on-site investigation into the circumstances of processing, installation and/or use.

11.3 The Client has no right to complain regarding defects that have not been reported to the User within 14 days of their discovery.

11.4 Complaints as referred to in the first paragraph do not suspend the Client's payment obligation.

11.5 In the event of a justified complaint, the User has the choice between adjusting the fee charged, improving or re-performing the work free of charge or not carrying out the assignment in whole or in part or no longer carrying out the assignment in return for a proportionate refund. Client has already paid a fee.

12. Guarantees

12.1 User offers no guarantee for work carried out.

12.2 If the User does not detect any leakage, the Client is in no way entitled to any form of compensation.