Terms and conditions

Article 1 — Who we are, and what these terms apply to

Business name

VentCleaning

Chamber of Commerce (KVK)

96338849

Email

info@ventcleaning.nl

Website

ventcleaning.nl

1.1 In these terms, Contractor means VentCleaning, and Client means the party giving us an assignment. By Work we mean inspecting and cleaning a grease extraction and ventilation system, and everything that goes with it.

1.2 These terms apply to every quotation, assignment and agreement between us, including any follow-up assignments arising from them.

1.3 We make these terms available before or upon entering into the agreement, by referring to them in our quotation and by publishing them at ventcleaning.nl.

1.4 We expressly reject any general terms of the Client. Where we depart from these terms, that departure applies only if we have confirmed it in writing, and only for that assignment.

1.5 Where a signed maintenance agreement exists alongside these terms, the wording of that agreement prevails in the event of a difference.

Article 2 — Quotations and how the assignment comes about

2.1 The inspection beforehand is free and without obligation. It commits you to nothing.

2.2 Our quotation is valid until the date stated on it, or, where no date is stated, for thirty days from its date of issue.

2.3 The assignment comes about as soon as you accept our quotation in writing or by email, or as soon as we begin the Work at your request.

2.4 The price in the quotation is a fixed price for the Work described in it. If it emerges during performance that more is needed, article 6.4 applies.

Article 3 — How we carry out the work

3.1 We carry out the Work as a careful professional would, with sound equipment and by people instructed and equipped for it.

3.2 We match the cleaning method to the contamination found and to the layout of the installation. Where needed we combine degreasing, mechanical cleaning and targeted hand techniques.

3.3 We protect the immediate working area and leave the site swept clean. The grease waste arising from the Work is removed at our expense and processed under the applicable rules.

3.4 Afterwards you receive a cleaning certificate with a photo report of the situation before and after cleaning. That certificate records which work was carried out; see article 8.6 for what it is not.

3.5 Times we give are target times and are not strict deadlines. We may engage third parties in carrying out the Work, and remain responsible for the quality of the work delivered.

Article 4 — What we need from you

• Access to the site and to every part of the installation being worked on, at the agreed time, including the roof or any other working position.
• An installation that is switched off and sufficiently cooled at that moment, and a working area clear of food, crockery and loose equipment.
• Electricity and water free of charge, and safe access to parts at height.
• Information in advance about anything relevant to safe and responsible performance: known defects, earlier damage, earlier repairs, unusual or fragile materials, and any limits on the load-bearing capacity or condition of the roof.

4.1 You warrant that the information you provide us is accurate and complete.

4.2 If the Work cannot be carried out, or cannot be carried out on time or in full, because of the absence of any of the above, the resulting costs and delay are for your account.

4.3 You warrant that there is no asbestos or other hazardous substance in or on the installation, or that you have informed us of it in writing beforehand. If we encounter such substances during the Work, we stop immediately. The costs of stopping, of the work already carried out, and of any necessary investigation are for your account.

Article 5 — Rescheduling or cancelling an appointment

5.1 If you cancel an appointment less than two working days in advance, we may charge the preparation and travel costs incurred, up to a maximum of fifty per cent of the amount agreed for that visit. Moving the appointment to another date is free of charge; we would rather reschedule than have you cancel.

5.2 If we judge on site that the Work cannot be carried out safely or responsibly, we suspend it and discuss a solution with you. The cost of a wasted journey is for your account, unless we could reasonably have identified the obstacle earlier.

Article 6 — Prices, additional work and payment

6.1 Our prices are in euros and exclude VAT. Within the Netherlands we charge no call-out costs.

6.2 Payment is made within fourteen days of the invoice date, without discount, suspension or set-off.

6.3 If the payment period is exceeded, you are in default by operation of law and statutory commercial interest is due, together with extrajudicial collection costs under the applicable statutory scale.

6.4 Work falling outside the quotation is carried out only after your written instruction and at the price agreed for it.

Article 7 — The condition of the installation

7.1 Before starting, we record the condition of the installation in images. That record forms part of the certificate and, as between us, serves as the starting point for assessing any damage.

7.2 You declare that the installation was built to the standards applicable at the time it was installed, and that you know of no defects other than those you reported under article 4.

Article 8 — Liability

8.1 Our obligation is an obligation to use best efforts, unless we have expressly promised a result in writing.

8.2 We are liable for damage to the installation or to other property of the Client that is the direct result of a failure attributable to us in carrying out the Work.

8.3 We are not liable for damage arising wholly or partly from:

• an installation that is defective, outdated, improperly fitted, or not built to the applicable standards;
• defects that were not reasonably detectable during the record made beforehand;
• incorrect or incomplete information from your side;
• the presence of substances as referred to in article 4.3;
• failure to follow written advice from us, or to follow it in time.

8.4 We are never liable for indirect damage, which includes in any event consequential loss, business loss, loss of turnover or profit, missed savings, loss caused by business interruption or enforced closure, reputational damage, and fines or third-party claims.

8.5 Our liability per event is limited to the amount our liability insurance actually pays out in the case concerned, increased by the deductible. If the insurer does not pay out for whatever reason, liability is limited to the invoice amount of the assignment to which the damage relates.

8.6 Carrying out the Work does not release you from your own fire safety obligations, nor from the conditions imposed by your insurer, your landlord or the competent authority. The certificate is evidence of the Work carried out and constitutes no guarantee or indemnity towards those parties.

8.7 The limitations in this article do not apply if and in so far as the damage results from intent or wilful recklessness on the part of us or our managers.

8.8 Any claim for damages lapses twelve months after the day on which you became aware, or could reasonably have become aware, of the damage, unless legal proceedings have been brought within that period.

Article 9 — Reporting complaints and damage

9.1 You report visible damage or defects immediately on completion, and in any event in writing within forty-eight hours of the Work being finished.

9.2 Damage that is not immediately apparent must be reported in writing within five working days of discovery, and at the latest within thirty days of completion.

9.3 You give us the opportunity to investigate the damage and establish its cause, and to that end leave the situation as far as possible unchanged. We may repair the damage ourselves or have it repaired; repair by a third party without our prior written consent is for your account.

9.4 If you do not report in time, your claim lapses in so far as our ability to investigate or repair has been prejudiced as a result.

Article 10 — Force majeure

10.1 Neither of us is required to perform where force majeure prevents it. This includes in any event: fire, water damage, failure of the energy supply, government measures, illness or absence of staff for whom no replacement is available in time, and failure of suppliers to deliver.

10.2 If the force majeure situation lasts longer than sixty days, either of us may dissolve the agreement in writing without being liable for damages. Work already carried out is settled.

Article 11 — Data and images

11.1 We treat business information we receive from you as confidential. How we handle personal data is set out in our privacy statement at ventcleaning.nl/en/privacy.

11.2 We use the images we make of the installation for our own records and for the certificate. Use for promotional purposes takes place only with your written consent.

Article 12 — Governing law and final provisions

12.1 Our agreements are governed exclusively by Dutch law.

12.2 We will make every effort to resolve a dispute by mutual discussion first. Failing that, we submit it to the competent court of the Rechtbank Midden-Nederland.

12.3 Notices with legal effect are made in writing and addressed to info@ventcleaning.nl and to the email address you last provided, respectively. A message is deemed received on the day it is sent, unless the sender receives an error notification.

12.4 If a provision is void or voidable, the remaining provisions stay in force. We will then confer in order to replace that provision with a valid one that approximates its purport as closely as possible.

12.5 Articles 8, 9 and 11 remain in force after the agreement has ended.

Article 13 — Language

13.1 This is a translation of our Dutch terms and conditions, provided so that English-speaking clients can read what they are agreeing to. The Dutch version is the binding one. In the event of any difference in meaning between the two texts, the Dutch text prevails. The Dutch version is available at ventcleaning.nl/voorwaarden.