General Terms and Conditions Building Spaces (Gen. T&C 2026 B.S.)
General terms and conditions concerning the performance of activities by Building Spaces, hereinafter referred to as: Building Spaces.
Article 1 – General
These general terms and conditions are hereinafter referred to as the Gen. T&C 2026 B.S. and form an integral part of every quotation issued by Building Spaces and every agreement entered into with Building Spaces, unless otherwise agreed in writing between Building Spaces and its client.
If one or more provisions of these general terms and conditions prove to be wholly or partially null and void and/or are annulled, the remaining provisions shall remain fully in force.
Article 2 – Applicable General Terms and Conditions
All activities relating to advisory or design activities by Building Spaces are subject to the De Nieuwe Regeling 2011 (DNR 2011).
All activities relating exclusively to execution are subject to the Uniform Administrative Conditions 2012 (UAV 2012).
The Gen. T&C 2026 B.S., DNR 2011, and UAV 2012 are available via the Building Spaces website and can be easily consulted, printed and downloaded there.
Upon request, Building Spaces will provide the DNR 2011 and/or UAV 2012, including any appendices, free of charge to the client.
In the event of any conflict between these terms and conditions and the DNR 2011 and UAV 2012, the Gen. T&C 2026 B.S. shall always prevail.
Article 3 – Quotation
A quotation issued by Building Spaces may be accepted by the client within one month after the quotation date, unless otherwise stated in the quotation.
The quotation is based on the laws and regulations in force at the time it is issued.
Article 4 – Fees and Payment
Payment of (advance) invoices must be made within 14 days after the invoice date.
In the event of late payment, the client shall owe statutory commercial interest in accordance with Section 6:119a of the Dutch Civil Code, increased by 2%, without any further notice of default being required. In addition, the contractor shall be entitled to suspend the work.
The client shall have no right of suspension or set-off.
In the event of late payment, the client shall also owe the actual collection costs incurred by Building Spaces.
Payments shall first be applied to costs, then to interest and finally to the principal sum.
Article 5 – Cooperation with Third Parties
If Building Spaces, at the client’s request and in accordance with DNR 2011 and UAV(-GC), cooperates with third parties (such as consultants or architects), Building Spaces shall not be liable for their work, unless Building Spaces has explicitly accepted such liability in writing.
The client is responsible for the information provided by these third parties.
If Building Spaces itself engages third parties, Building Spaces shall only be liable for their work insofar as such third parties are liable towards Building Spaces.
Article 6 – Activities on Location
If access to a site or object is necessary for activities, inspections or inventories, permission for such access must be obtained by or on behalf of the client.
Any damage resulting from the failure to obtain such permission, or failure to obtain it in time, shall be at the client’s expense.
Article 7 – Provision of Information and Use of Documents
The client guarantees that sites, materials and information will be provided in a timely, complete, current and accurate manner.
Costs and damages (for example due to delays) not attributable to Building Spaces shall be borne by the client.
The dispatch by Building Spaces of documents or data carriers (such as drawings) shall be at the client’s risk.
Documents prepared by Building Spaces (such as reports, calculations and cost estimates) may only be used for the purpose for which they were prepared.
The client is only permitted to share these with third parties if this has been explicitly agreed in writing.
Article 8 – Liability
If the activities of Building Spaces fall under DNR 2011, the liability of Building Spaces shall be determined in accordance with the provisions of DNR 2011.
If activities fall under UAV 2012, the liability of Building Spaces shall be limited to the amount paid out in the relevant case under the liability insurance taken out by Building Spaces, increased by any applicable deductible.
Article 9 – Confidentiality and Reference Use
The parties undertake to keep confidential all exchanged information and to use it exclusively for the performance of the assignment.
Building Spaces shall have the right to use the assignment as a reference in marketing communications.
Article 10 – Approval of Information
Documents sent by Building Spaces for approval (such as drawings) shall be deemed to have been approved if the client does not object in writing within two weeks after dispatch.
Article 11 – Disputes
All disputes arising from this agreement or from agreements resulting therefrom shall be settled:
- by the competent court in Arnhem, or
- by arbitration in accordance with:
- the rules of the Arbitration Board for the Building Industry, or
- the rules of the Netherlands Arbitration Institute (NAI) in Rotterdam
The choice shall be exclusively at the discretion of Building Spaces.
Building Spaces shall communicate this choice within two weeks after receipt of a request to that effect.
If arbitration is chosen, the chairperson shall, at the request of Building Spaces, be appointed from among lawyer-members.
LINKS FOR DOWNLOAD
De Nieuwe Regeling 2011 (DNR 2011).
Uniforme Administratieve Voorwaarden 2012 (UAV 2012).
Final Details
Building Spaces
Molenallee 43
7384 AP
Chamber of Commerce: [to be completed]
VAT: [to be completed]