General terms and conditions

MVBouw B.V. · Roosmarijnhof 5, 1115 DV Duivendrecht
info@mvbouw.nl · 020 261 7124 · mvbouw.nl

Article 1 Definitions and applicability

1.1 MVBouw is MVBouw B.V., established in Duivendrecht. The client is the party that awards the contract. A consumer is a natural person who is not acting in the course of a profession or business. The work consists of the construction, renovation, installation and finishing work described in the quote and the agreed deliveries.

1.2 These terms and conditions apply if they have been declared applicable before or at the conclusion of the agreement and have been provided in a legally permitted manner that allows them to be stored. "In writing" also includes an e-mail or WhatsApp message that can be stored.

1.3 Specific written agreements in the quote or agreement take precedence over these terms and conditions. Deviating terms and conditions of a business client are expressly rejected, unless MVBouw accepts them in writing.

1.4 Mandatory law always takes precedence. The nullity or annulment of one provision leaves the other provisions intact insofar as they can continue to apply independently. A new version does not automatically change existing contracts.

Article 2 Quote and formation of the agreement

2.1 A quote is valid for 30 days, unless stated otherwise. The work, the materials included, exclusions, type of price, payment moments and any guarantee arrangements are described in the quote. Work that has not been offered is not included.

2.2 The agreement is formed by acceptance of the quote within the validity period, for example by signing it or by clear confirmation by e-mail. Statutory formal requirements continue to apply. A change to the quote is confirmed first before it becomes part of the contract.

2.3 The price is based on the information provided and the situation reasonably observable during the site visit. Destructive investigation, structural calculations, asbestos surveys and permit applications are only included if agreed. MVBouw's statutory duty to investigate and warn continues to apply.

Article 3 Prices and types of price

3.1 Prices for consumers are stated including VAT. For business clients, prices are stated excluding VAT, unless agreed otherwise. The quote makes clear whether it concerns a fixed price, a target price, a provisional sum or work on a time-and-materials basis.

3.2 A fixed price is only changed by agreed additional or reduced work or on a legal basis. Hidden circumstances do not give an unlimited right to increase the price unilaterally.

3.3 A target price may not be exceeded by more than 10% without a timely warning. If a larger overrun is likely, MVBouw gives a timely warning and the client is given the opportunity to limit or simplify the work. The choice and its consequences are recorded in writing, with due regard to Article 7:752 of the Dutch Civil Code (BW).

3.4 A provisional sum is a provisional budget item for a described component. The quote states what it includes and how it is settled. MVBouw substantiates the actual costs and reports an expected overrun before the relevant order is placed or the work is carried out. Agreed mark-ups and VAT are stated recognisably.

3.5 For time-and-materials work, the quote states the hourly rates, the method of charging materials and other agreed costs. MVBouw keeps a record of the hours worked and materials used and itemises the invoices.

Article 4 Payment and payment arrears

4.1 Unless the quote provides otherwise, the payment schedule is: 30% on award of the contract, then 20%, 20%, 15% and 10% at the progress milestones described separately in the quote, and the final 5% on handover. A progress instalment only becomes due once the corresponding milestone has been reached. A missing milestone is first agreed in writing.

4.2 The payment term is 7 days from the invoice date, unless agreed otherwise. MVBouw orders materials and starts the relevant phase after receipt of the payment legally due for it. The quote states what this means for the start date.

4.3 In the event of a payment dispute, the client communicates the reason as soon as possible. The undisputed part remains payable as agreed. A statutory right of suspension continues to exist; its extent must be proportionate to the alleged shortcoming.

4.4 Statutory interest is due as soon as the statutory requirements for default have been met. For business agreements, the statutory commercial interest applies where applicable. Before extrajudicial collection costs are charged, a consumer receives a free reminder with a payment period of 14 days from the day after receipt, stating the costs that will be due in the event of non-payment. The costs remain within the statutory limits.

4.5 In the event of sufficiently serious payment arrears attributable to the client, MVBouw may, insofar as the law permits, suspend the relevant work after a written warning and a reasonable period to remedy the arrears. MVBouw leaves the work in a safe state. A justified suspension may shift the schedule; reasonable, demonstrable additional costs are only passed on insofar as the client is liable for them.

Article 5 Additional and reduced work

5.1 Changes are recorded in writing before they are carried out, with a description, price or method of calculation and the effect on the schedule. A request from the client for additional work does not constitute an agreement that it will be carried out free of charge.

5.2 MVBouw points out in good time the need for a price increase for additions or changes requested by the client, with due regard to Article 7:755 of the Dutch Civil Code (BW). Until the necessary agreements have been made, the relevant changed component may be postponed. Without a timely warning, there is only a claim to an increase where the law permits.

5.3 Reduced work is priced in writing and settled in the final account. The settlement takes into account costs that have reasonably and unavoidably already been incurred, as well as savings. Omitting an essential part of the contract may constitute partial termination; Article 13 applies to this.

Article 6 Existing condition and hidden circumstances

6.1 MVBouw is not, merely by accepting the work, responsible for existing defects outside the scope of its contract. Where practically possible, it records relevant damage that is visible in advance. Damage caused by its own defective workmanship or a breach of the duty to warn is not covered by this provision.

6.2 In the event of material suspected of containing asbestos, unknown pipes or cables, rot, structural defects or other unforeseen circumstances, MVBouw stops work on the component concerned if necessary, informs the client and discusses investigation, safe measures, costs and the schedule. It resumes when the work can be carried out responsibly and the necessary agreements have been made. Costs are only increased after agreement or on a legal basis.

Article 7 Cooperation of the client

7.1 The client provides, in good time, correct information, available drawings and known details about the structural condition, pipes and cables, moisture, hazardous substances and other relevant risks. MVBouw warns in writing, clearly and in good time of errors or unsuitability that it knows of or should reasonably know of, and states the possible consequences.

7.2 Unless agreed otherwise, the client ensures in good time access, an accessible and sufficiently clear workspace, water, electricity and the necessary permissions from the owner, VvE (homeowners' association) or landlord. Who arranges permits, notifications and technical surveys is recorded in the quote. MVBouw does not carry out work that it cannot carry out lawfully or safely.

7.3 The client removes or protects fragile personal belongings in consultation with MVBouw. Normal measures to limit damage and dust are part of working carefully. This provision does not exclude liability for damage caused by MVBouw.

7.4 Materials supplied by the client must be available in good time and be suitable. MVBouw warns of identifiable problems. Delays, additional processing or replacement are discussed in advance and only charged on a valid basis. MVBouw remains responsible for its own installation and workmanship.

Article 8 Planning and third parties

8.1 The quote states the expected start and duration, dependencies and any fixed handover date. An indicative schedule is identified as such. An expressly agreed binding deadline is not converted by these terms and conditions into a non-binding target date.

8.2 MVBouw reports relevant delays as soon as possible, stating the reason, the expected consequences and a proposal for adjustment. Additional work or delays attributable to the client may justify a reasonable extension and reimbursement of demonstrable additional costs. Not every supplier delay, illness or weather condition automatically constitutes force majeure.

8.3 MVBouw may engage subcontractors and remains responsible for the performance of its own agreement. Work by third parties engaged by the client directly falls outside MVBouw's contract, unless agreed otherwise. Coordination and interfaces are agreed in advance; MVBouw remains liable for its own share.

Article 9 Handover

9.1 MVBouw notifies the client in writing when the work is ready for handover and invites the client to a joint inspection within a reasonable period. The parties record the handover date, any defects and agreements on repairs in a handover report.

9.2 The work has been handed over after acceptance or when the statutory conditions for tacit acceptance have been met. After notification of completion, the client is given a reasonable opportunity to inspect, accept or refuse with reasons. Merely using an existing home does not automatically constitute acceptance of all the work.

9.3 Minor defects that do not substantially prevent normal use need not stand in the way of handover; they are recorded and repaired within a reasonable period. Statutory claims to repair and proportionate suspension continue to exist.

9.4 On handover, MVBouw provides the legally required information and, where Article 7:757a of the Dutch Civil Code (BW) applies, the completion file. The practical content, such as drawings and maintenance instructions, is tailored to the contract.

Article 10 Guarantee and repair

10.1 MVBouw carries out the work competently and in accordance with the agreement. An additional guarantee, possibly of up to 10 years, is recorded per component with its duration, coverage and start date in the quote or a guarantee statement. These terms and conditions do not in themselves constitute an unlimited 10-year guarantee on all work and products. Applicable guarantee arrangements and specific commitments are honoured.

10.2 The additional guarantee does not cover defects insofar as they are caused by normal wear and tear, demonstrably incorrect use, insufficient maintenance, interventions by third parties or other causes not attributable to MVBouw. An intervention by a third party does not automatically void the guarantee on unrelated components.

10.3 A manufacturer's or supplier's guarantee applies in addition to rights against MVBouw. For products supplied by MVBouw, the consumer can hold MVBouw to its statutory obligations; the consumer is not referred exclusively to the manufacturer.

10.4 Report a defect as soon as possible after discovering it, preferably in writing with a description and any available photos. The absence of photos does not make a complaint invalid. There is no general contractual expiry period of two months; statutory complaint and limitation periods continue to apply.

10.5 Where the law requires, the client first gives MVBouw a reasonable opportunity to investigate and repair, and cooperates in providing access. If the client has a third party carry out repairs without giving that opportunity, those costs are not automatically borne by MVBouw. This does not limit statutory rights in cases of urgency, default or other circumstances in which waiting cannot reasonably be expected. The parties take reasonable measures to limit damage.

10.6 An additional guarantee does not limit a consumer's statutory rights. The end of a guarantee period does not necessarily mean that every statutory claim has lapsed.

Article 11 Liability

11.1 MVBouw is liable for attributable shortcomings in accordance with the law. For construction contracts, the rules on defects not discovered at handover continue to apply. A deviation from Article 7:758 paragraph 4 of the Dutch Civil Code (BW) to the detriment of a business client is only possible if it is expressly included in the separate agreement; these terms and conditions alone are not sufficient for this.

11.2 For business clients only, liability is, insofar as legally valid, limited to the insurance payout for the case in question, plus the deductible. If no payout is made for that case, the maximum is the contract sum of the contract concerned excluding VAT. Related events count as one case. This limitation does not apply in the event of intent or deliberate recklessness on the part of MVBouw or its management, in the event of damage due to death or personal injury, or where the law excludes a limitation.

11.3 For business clients, compensation for loss of profit, loss of turnover and business interruption is excluded, insofar as legally valid and with the same exceptions as in Article 11.2. The limitations in Articles 11.2 and 11.3 do not apply to consumers.

11.4 The consequences of incorrect client information, prescribed working methods, drawings or client materials are only borne by the client insofar as the law permits. MVBouw must have complied with its duty to investigate and warn and must have carried out the work carefully. A warning is not a general indemnity for its own errors.

Article 12 Ownership and force majeure

12.1 Materials supplied by MVBouw that have not yet been incorporated remain its property until the amounts due for them have been paid, insofar as a retention of title is legally possible. This does not give the right to enter a home without permission or to remove components of the home. Reusable parts and demolition materials to be removed are handled as agreed in the quote.

12.2 Force majeure only exists in the event of a circumstance that cannot be attributed to MVBouw under the law or the agreement and that prevents performance. A shortage of staff, ordinary illness, a price increase or a supplier problem does not in itself constitute force majeure. The party invoking force majeure reports the consequences and takes reasonable measures to limit them.

12.3 In the event of temporary force majeure, the performance concerned may be suspended insofar as justified. If the impediment lasts longer than three months, either party may terminate the part not yet performed in writing; previously existing statutory termination rights continue to apply. Usable, properly performed work and materials supplied are settled in accordance with the agreement and the law. Advance payments for performance that is not owed are refunded.

Article 13 Termination and rescission

13.1 The client may terminate the construction contract in whole or in part. To avoid misunderstandings, MVBouw B.V. prefers to receive the notice of termination in writing, for example by e-mail.

13.2 In the event of termination of an agreement with a fixed contract sum, settlement takes place in accordance with Article 7:764 paragraph 2 of the Dutch Civil Code (BW): the agreed price is reduced by the savings that actually result from the termination for MVBouw B.V. In the event of partial termination, this concerns the terminated part. Account is taken of, among other things, labour saved, cancelled orders and avoided subcontractor costs. The profit included in the price does not automatically lapse as a result of the termination.

13.3 For an agreement on a time-and-materials basis, the settlement in accordance with Article 7:764 paragraph 2 of the Dutch Civil Code (BW) is based on the costs incurred, the labour performed and the profit MVBouw B.V. would have made on the original contract. In the event of partial termination, this is applied to the terminated part.

13.4 MVBouw B.V. provides an itemised final account within a reasonable period, in which amounts already paid are set off. The work already completed is delivered to the client. The delivery of separate materials is coordinated with the agreement, the final account and any rights of third parties.

13.5 Rescission due to a shortcoming is different from termination. The statutory conditions apply to it, including, where required, a notice of default and a reasonable period to remedy the shortcoming. In the event of a legally valid withdrawal by a consumer, the settlement under Article 14 applies instead of the termination settlement under this article.

Article 14 Consumers' right of withdrawal

14.1 A consumer has a statutory right of withdrawal when the agreement qualifies as a distance contract or an off-premises contract and the statutory rules apply to it. Whether this is the case is determined by the way in which the agreement was concluded. The place of signing or the use of e-mail or WhatsApp alone is not decisive.

14.2 The consumer may withdraw from an agreement to which the right of withdrawal applies without giving reasons. For services, the cooling-off period is 14 days, calculated from the day after the agreement is concluded. For consumer sales, this period in principle starts on the day after the goods are received by the consumer or a third party designated by the consumer, other than the carrier. For partial deliveries and mixed agreements, the applicable statutory rules apply. Statutory extensions of the cooling-off period continue to apply. Withdrawal can be made using the model form in Annex 1 or by another unambiguous statement, for example by e-mail to info@mvbouw.nl. Use of the model form is not mandatory.

14.3 MVBouw B.V. only starts services during the cooling-off period at the express request of the consumer. This request is recorded on a durable medium, for example in Annex 2 or by e-mail. Before the agreement is concluded, MVBouw B.V. informs the consumer about the right of withdrawal and any payment obligation in the event of an early start. If the consumer subsequently withdraws in a legally valid manner, only the legally permitted proportionate compensation is due for the services performed up to that moment. This compensation is based on the agreed total price. If this price is excessive, the market value of the services performed applies. Compensation is only charged if the statutory information and consent requirements have been met.

14.4 For a service contract, the right of withdrawal lapses after full performance only if performance began with the consumer's express prior consent and the consumer acknowledged in advance that the right of withdrawal lapses upon full performance.

14.5 For goods actually made to individual specifications or clearly personalised, the statutory exception for custom-made goods may apply. The mere fact that standard materials have been ordered specifically for a contract is not sufficient for this. Custom work within a contract does not automatically exclude the right of withdrawal for other components.

14.6 For a visit specifically requested by the consumer for urgent repairs or maintenance, the statutory exception applies only within the applicable limits. Additional services not expressly requested by the consumer and goods other than those that are necessary do not automatically fall under this exception. MVBouw B.V. informs the consumer of applicable exceptions before the agreement is concluded.

14.7 In the event of a legally valid withdrawal, MVBouw B.V. refunds the amounts to be repaid no later than 14 days after receipt of the withdrawal statement. Any compensation legally due under Article 14.3 is set off against this. For consumer sales, the refund may be withheld until the goods have been received back or the consumer has shown proof of having sent them back, whichever is earlier, unless MVBouw B.V. has offered to collect the goods itself.

Article 15 Complaints, law and language

15.1 Complaints can be sent to info@mvbouw.nl; MVBouw responds within 14 days with a substantive reply or a proposal for handling the complaint. Dutch law applies, without prejudice to the mandatory protection afforded to the consumer by international law. For consumers, the court competent under the law has jurisdiction. For business disputes, insofar as permitted, the competent court in Amsterdam is designated.

15.2 In the case of translations, the Dutch version is authoritative, insofar as permitted. This is without prejudice to separate agreements or the statutory interpretation in favour of a consumer in the event of ambiguity.

Annex 1 Withdrawal form

To: MVBouw B.V., Roosmarijnhof 5, 1115 DV Duivendrecht · E-mail: info@mvbouw.nl

I/We hereby give notice that I/we withdraw from the agreement concerning the service or delivery described below.

Description of the service or delivery: ……………………
Date of the agreement / receipt: ……………………
Name and address of consumer(s): ……………………
Signature (only for a paper form): ……………………
Date: ……………………

You do not need to give a reason. Use of this form is not mandatory: another clear statement is also sufficient. Send your statement within the applicable cooling-off period and keep a copy. For withdrawal by e-mail, a handwritten signature is not required.

For services, the usual period is 14 days from the day after the agreement is concluded, if a statutory right of withdrawal applies. An expressly requested start during the cooling-off period may lead to proportionate compensation for services already performed, only if the statutory conditions have been met.

Annex 2 Start during the cooling-off period

This form belongs to an agreement to which a statutory right of withdrawal applies. The consumer decides whether the work starts before the end of the cooling-off period. Without this request, MVBouw waits with the relevant work until the cooling-off period has expired.

1. Express request to start
☐ I expressly request MVBouw B.V. to start the described services on the date stated above, even if my statutory cooling-off period is still running at that time.

2. Compensation in the event of withdrawal
☐ I have been informed in advance that, if I withdraw after this requested start, I may owe proportionate compensation for the services performed up to my notice of withdrawal, in accordance with the law. The calculation is based on the agreed price and the services performed. I agree to this start under those conditions.

3. Only for full performance within the cooling-off period
☐ I expressly agree that MVBouw will fully perform the described service before the end of the cooling-off period. I acknowledge that my right of withdrawal for that service lapses as soon as it has been fully performed, provided that the statutory conditions have been met.

The third option is separate and only relevant if the service can be completed in full within the cooling-off period. Merely starting the work does not mean that the right of withdrawal lapses immediately. This form does not exclude rights in the event of defects or non-performance.

MVBouw provides the consumer with a copy of this completed request and the agreement on paper or by e-mail before the early start. In the case of digital recording, each choice must be confirmed expressly and separately.