General Terms and Conditions of Reino Interieurverzorgers

Article 1: Definitions

a. ‘Services’ refers to all cleaning activities and/or other business services.

b. ‘Client’ refers to the natural or legal person for whom services are performed under these terms and conditions. It does not include a person or entity on whose behalf subcontracted cleaning or business services are performed while the contract is officially held by someone else.

c. ‘Contractor’ refers to Reino Interieurverzorgers.

d. ‘Work program’ refers to a document outlining the type, location, time, and frequency of services agreed upon between the contractor and the client.

e. ‘Premises’ refers to the building, vehicle, or location to be cleaned.

Article 2: Offer

All offers are non-binding unless explicitly stated otherwise in writing.

Article 3: Order Confirmation

a. Once the contractor sends the order confirmation and work program to the client, it is assumed that the client agrees to both, unless the client objects by registered letter within 8 days of receipt.

b. Only the terms specified in the order confirmation and the accompanying work program define the contract.

c. For one-time services, acceptance is assumed by signing the order or by allowing work to begin.

Article 4: Changes to the Agreement

Changes are only binding if agreed in writing as an amendment to the original confirmation, except in specific cases described in Article 6b and Article 9c.

Article 5: Subcontracting

a. The contractor may only subcontract with written permission from the client, except for window cleaning and one-time services.

b. The client will be informed if such tasks are subcontracted.

c. The contractor’s subcontracting terms apply to any work outsourced on their behalf.

Article 6: Execution of the Agreement

a. Work will be performed as outlined in the work program.

b. Minor necessary changes may be made by the contractor without a price adjustment, provided they are communicated and ensure similar quality.

c. Major changes requiring a price adjustment must be agreed upon per Article 4.

d. Unless otherwise agreed, work will only be done on business days (Monday to Friday), excluding national and Christian holidays. Special circumstances may warrant exceptions.

Article 7: Contract Compliance and Monitoring

a. If significant deviations from the agreement are noticed, the client must notify the contractor in writing, including specific details.

b. The written notice must include:

1. Time, location, nature, and severity of the deviation.
2. A reasonable deadline for correction.

c. If not corrected in time, the client may terminate the agreement in writing unless the issue is minor or a first-time occurrence in six months.

Article 8: Tools and Supplies

a. All tools and supplies are included in the price unless otherwise agreed.

b. The client provides water, electricity, and gas free of charge. For exterior window cleaning, the contractor may use on-site installations.

c. Secure storage must be made available free of charge. The client must safeguard the contractor’s materials and allow retrieval if requested.

d. Adequate facilities for contractor staff (e.g., lockers) must also be provided free of charge.

Article 9: Pricing

a. Prices are based on the agreed specifications and property details.

b. If circumstances change, prices may be adjusted in consultation.

c. Prices will also be adjusted for labor costs, taxes, or material costs due to law or CAO changes.

Article 10: Payment

a. Invoicing occurs as per the offer or no later than the third week of each billing period. Payment is due within 30 days.

b. Late payments incur statutory interest.

c. Work may be suspended for non-payment.

d. Legal and collection costs are borne by the client (15% of the principal).

e. Offsetting of claims is not permitted.

Article 11: Retention of Title

Goods sold by the contractor remain their property until fully paid. The contractor may reclaim unpaid items after the payment deadline has passed.

Article 12: Liability

a. The contractor is only liable for damages caused by negligence or fault, with a maximum of €1,134,000 per incident.

b. A higher liability limit up to €2,500,000 may be agreed upon, with added insurance costs charged to the client.

c. Liability is limited to direct material and personal damages. No consequential damages are covered. Key loss only covers key replacement.

d. The contractor holds liability insurance with at least €50,000 per claim and €100,000 per year.

e. The contractor is not liable for any damages not listed.

f. No liability is accepted for damage caused by the use of aerial platforms.

g. The client indemnifies the contractor against third-party claims arising from the contract.

h. Damages must be reported within 14 days.

Article 13: Non-Solicitation Clause

a. The client may not employ or contract contractor’s staff during the contract and for 6 months afterward.

b. Breaching this incurs a €500 weekly penalty per employee for the duration of such engagement.

Article 14: Duration and Termination

a. Contracts are for an indefinite term unless otherwise agreed.

b. Termination must be by registered mail with a 3-month notice period under specific rules.

c. Immediate termination is allowed in case of bankruptcy or suspension of payment.

Article 15: Contract Transfers and Employment

a. Contractor pays all legal wages and taxes and indemnifies the client.

b. Contractor follows CAO rules regarding employee retention during contract changes.

c. If services are insourced, Dutch transfer of undertaking law (BW 7:662 et seq.) applies.

Article 16: Force Majeure

a. Short-term force majeure (up to 3 months) does not affect pricing.

b. Longer disruptions require price renegotiation.

c. Client-initiated disruptions do not warrant price reductions.

Article 17: Disputes

a. All disputes will be resolved by the Arbitration Board for the Cleaning and Facility Services Industry.

b. Filing a dispute suspends contract termination rights.

c. Arbitration will follow the board’s rules.