General terms and conditions

In these terms:

• ZuidHek, we, us: ZuidHek Schuttingen & Hekwerk, sole proprietorship of Rejus Petronis, Breitnerstraat 34, 6165 VR Geleen, Chamber of Commerce number 97671258.
• Customer, you: the person who asks us for a quote or gives us an assignment.
• Consumer: a customer who is a natural person not acting for the purposes of their trade, business or profession.
• Business customer: a customer acting for the purposes of their trade, business or profession, or a legal entity.
• Contract: the agreement between you and us about the work, as set out in the accepted quote and any later written additions.
• Work: everything we supply and do under the contract, such as supplying and installing fences (for example composite), double-wire mesh panels (dubbelstaafmat), chain-link fencing, gates, concrete gravel boards and foundations, repairs and removing old fences.
• Additional work and reduced work (meerwerk and minderwerk): work that is added or dropped after the contract has been concluded.
• Custom-made items: items made or ordered especially for you according to your specifications, as referred to in Article 6.
• In writing: on paper, by e-mail or via WhatsApp.
• Withdrawal period: the period in which a consumer can withdraw from (cancel) the contract without giving reasons, see Article 5.
• Work address: the place where the work is carried out.

These terms apply to all quotes, contracts and work of ZuidHek. We send them to you before the contract is concluded, for example with the quote, or we tell you where you can read and save them. They are also available on zuidhek.com.

Arrangements that deviate from these terms only apply if we have agreed them with you in writing. If a provision is invalid, the other provisions remain in force. The invalid provision is then replaced by a valid provision that comes as close as possible to the original intention.

The customer's own general terms and conditions do not apply unless we have accepted them in writing.

• A quote is valid for 30 days, unless the quote states a different period.
• The quote states as clearly as possible what we will supply and do, which materials we will use, the price, when you pay and which parts are custom-made. Anything not included in the quote is not included in the price. This applies, for example, to removing and disposing of an old fence if this is not included in the quote.
• Prices for consumers include VAT. Prices for business customers exclude VAT, unless stated otherwise.
• The quote is based on the situation we have seen or that you have described to us, and on the dimensions and photos you gave us. If that information is incorrect, or the situation turns out to be different from what we could reasonably have seen, we will discuss an adjustment with you (see Article 13).
• A quote containing an obvious mistake or error that you should reasonably have understood does not bind us.
• We do not increase the agreed price, except for additional work we agree with you in advance. We may pass on a statutory increase in the VAT rate. If this happens within three months of concluding the contract, you may, as a consumer, terminate the contract free of charge.

• The contract is concluded when you accept the quote in writing, for example by confirming by e-mail or WhatsApp or by signing the quote.
• We then confirm the contract in writing (by e-mail, WhatsApp or on paper). You will then also receive these terms, the information about the withdrawal period and the model withdrawal form, if you do not already have them.
• If you conclude the contract as a consumer at a distance (for example via WhatsApp, e-mail or phone) or at your home, we will give you the information required by law before the contract is concluded. This includes the information about your withdrawal period.

Do you, as a consumer, conclude a contract with us at a distance (for example via WhatsApp, e-mail or phone) or off our business premises (for example at your home while we take measurements)? Then by law you have a 14-day withdrawal period. During that time, you can withdraw from the contract without giving reasons (Dutch law calls this ontbinden, i.e. terminating the contract). In practice, this applies to almost all our contracts with consumers. There are exceptions, see Article 6.

When does the withdrawal period start?

• If we supply and install materials (such as fences, fencing or a gate), the withdrawal period ends 14 days after the day on which you, or someone you have designated, received the materials. If the materials are delivered in parts, the day you receive the last part counts.
• If the contract only covers work (for example a repair without new materials, installing materials you bought yourself, or removing an old fence), the withdrawal period ends 14 days after the day on which the contract was concluded.

How do you withdraw? Let us know clearly, before the end of the withdrawal period, that you are withdrawing from the contract. You can do this by e-mail ([email protected]), via WhatsApp (+31 6 13 87 10 16) or by post (Breitnerstraat 34, 6165 VR Geleen, the Netherlands). You may use the model form below these terms, but you do not have to. You are in time if you send your message before the end of the withdrawal period. We will confirm receipt of your withdrawal as soon as possible.

Do you want us to start during the withdrawal period? We will only start the work before the end of the withdrawal period if you expressly ask us to. We ask you to make or confirm that request in writing (by e-mail, WhatsApp or on paper). If you then withdraw anyway, you pay us an amount proportionate to the part of the work we had already carried out at the time you withdraw, compared with the work as a whole (Article 6:230s(4) of the Dutch Civil Code, BW). If we did not properly inform you about the withdrawal period and these costs, or if you did not ask for an early start yourself, you do not have to pay anything for the work carried out during the withdrawal period.

If you did not receive the statutory information about the withdrawal period from us, the withdrawal period is extended by law, by up to 12 months.

The law (Article 6:230p BW) provides for a number of exceptions. The following are relevant to our work:

• Custom-made items: items made to your specifications, which are not prefabricated and are made on the basis of your individual choice or decision, or which are clearly intended for you personally. Think of a gate made to your measurements, or materials that we have made especially for you in a non-standard size or design. The quote states which parts are custom-made. We do not regard ordinary materials from the standard range, which we only cut to length during installation, as custom-made.
• Items which, after delivery, are by their nature inseparably mixed with other items, such as concrete or mortar that has already been poured or used.
• Urgent repairs: if you specifically ask us to visit you to carry out urgent repairs or urgent maintenance, for example after storm damage. This does not apply to additional services or materials we supply during that visit that are not needed for the urgent repair.
• Work that has been fully carried out, if we started it during the withdrawal period with your express prior consent and you declared that you know you lose your right of withdrawal once the work has been fully carried out.

If the exception only applies to part of the assignment, you can still withdraw from the other part, insofar as that part can be considered separately from the rest. We explain this in the quote in advance.

Business customers do not have a right of withdrawal.

• We will refund everything you have paid us under the contract, including any delivery costs, within 14 days after we receive your withdrawal. We will do so using the same means of payment you used, unless you agree to another method. We may set off against this any amount you owe for work already carried out under Article 5.
• If materials have already been delivered to you, we will collect them from you ourselves, because materials for fences and fencing cannot be returned by post. The direct costs of collection are for your account; we state an estimate of these costs in the quote in advance. If we did not inform you of this, these costs are for our account.
• You must handle the delivered materials with care and not use them beyond what is necessary to decide whether you want to keep them. If you went further than that and the materials have lost value as a result, we may charge you for that loss of value. This does not apply if we did not properly inform you about the right of withdrawal.
• Apart from the above, we will not charge you any costs for withdrawing.

• We carry out the work properly and in a workmanlike manner, in accordance with the contract and the applicable legal rules.
• We will warn you if we see that your assignment, your instructions, the ground or the materials you supply yourself are not suitable for a good result (Article 7:754 BW). If, after our warning, you still want us to carry out the work in that way, you bear the consequences.
• If we engage another specialist company for part of the work, we remain responsible to you for that part.
• We leave the work site tidy when we finish and take our own waste and packaging with us. Soil released during digging is spread on the property, unless the quote states otherwise.
• We only take and use photos of the completed work with your permission. See our privacy statement.

• You show us where the fence or fencing should go. You guarantee that this location is on your own land, or that you have permission from the owner of the land. We do not officially survey the property boundary. If you are unsure about the boundary, you can ask the Kadaster to indicate or reconstruct it, or first make arrangements with your neighbours.
• If the fence will be on or against the boundary with your neighbours, or if we need to enter the neighbours' property for the work, you arrange the neighbours' permission and clear agreements with them in advance.
• Whether you need an environmental permit (omgevingsvergunning) depends, among other things, on the height, the location relative to the front of the house, your municipality's environmental plan (omgevingsplan) and whether your home is a listed monument or in a protected townscape. A low fence often does not require a permit, but not always. You are responsible for checking whether a permit or consent (for example from an owners' association, VvE) is required, and for applying for it. This is only different if we have agreed otherwise in writing. We are happy to think along with you and will point out anything we notice.
• If damage or extra work arises because the indicated location was incorrect, the neighbours did not give permission or a permit was missing, the consequences are for your account, unless we should have noticed the error and warned you about it.

• If we dig with machinery, for example with an earth auger or mini excavator, we first make a KLIC notification to the Kadaster. This tells us where registered cables and pipes are located.
• Cables and pipes that belong to you are usually not included in the KLIC data. Think of garden lighting, a power cable to the shed, drainage, rainwater drains, an irrigation system or your own water pipe. Before the work starts, you tell us where these are, as far as you know.
• If we damage a cable or pipe that was not in the KLIC data and that you had not pointed out to us, we are not liable for this, unless we worked carelessly.
• The ground may contain things we could not see in advance, such as old concrete foundations, rubble, large stones, tree roots or a high groundwater level. If, as a result, the work clearly takes more time or material, we will consult you first before continuing. Extra work is additional work under Article 13.

To be able to carry out the work properly and on time, you make sure that:

• we can reach the work address on the agreed day and time, and the materials can be brought to the work site;
• there is space nearby to park and unload, and you let us know if a permit or exemption is required for this;
• the place where we work is clear of plants, garden furniture, loose items and other obstacles, unless we have agreed that we will remove them;
• we can use electricity (230 volts) and water if necessary;
• you, or someone on your behalf, can be reached during the work for questions or decisions.

If we cannot work, or cannot work fully, for a reason on your side, we will consult you. We may charge the reasonable extra costs this causes, such as waiting time or an extra trip, at the rates stated in the quote.

• We agree a start date or period with you. The duration of the work stated in the quote is a best estimate.
• Outdoor work depends on the weather. In frost, heavy rain, storms or when the ground is too wet or frozen, we cannot always carry out the work properly. In that case, we may postpone the work. We will let you know as soon as possible and schedule a new date together with you.
• In the event of force majeure as well, such as illness, an accident or a supplier failing to deliver materials on time through no fault of ours, we will let you know as soon as possible and agree a new schedule together.
• If the delay becomes so long that you cannot reasonably be expected to wait any longer, you may give us a reasonable period in writing to complete the work. If we do not manage this within that period, you may terminate the contract. Your other statutory rights continue to apply.

• Additional work is work not included in the contract that you later want or that turns out to be necessary, for example due to a situation in the ground as referred to in Article 10.
• We only carry out additional work after consulting you. We let you know in advance what the additional work involves and what it costs or how the price is calculated. We ask you to agree to it in writing (for example via WhatsApp). If the work cannot wait, for example because a hole is open or a hazard arises, we only do what is necessary to make the situation safe and consult you as soon as possible.
• If we did not warn you in good time that a price increase was necessary, we can only charge it if you should have understood this yourself (Article 7:755 BW).
• Reduced work is work that is dropped. We deduct it from the price. In doing so, we may take into account costs we had already incurred, for example for materials ordered especially for you that cannot be returned.
• Additional and reduced work are settled in the final invoice.

• We use the materials stated in the quote, or equivalent materials if something is no longer available. If you do not want that, we will discuss an alternative with you.
• Composite and wood are materials with a natural appearance. Small differences in colour and texture may occur between different production batches, and outdoors the colour often changes slightly at first due to sun and weather. This is characteristic of these materials and, within the manufacturer's specifications, is not a defect. We try to use materials from the same batch for each project. Samples, examples and photos show the material as accurately as possible, but may differ slightly from reality.
• If the manufacturer gives a manufacturer's warranty on a material, we will pass the information about it on to you. Such a warranty is in addition to your statutory rights and does not limit them.
• Materials we have delivered but not yet installed remain our property until you have paid their price in full. As soon as materials are fixed to the ground or to your house, they become your property by law.

• We only remove an old fence, old fencing, posts or foundations and dispose of them if this has been agreed in the quote or as additional work.
• We take agreed demolition waste to an authorised processing facility.
• If we suspect that old materials contain asbestos (for example old corrugated sheets or asbestos cement panels), we stop that part of the work and consult you. Separate legal rules apply to removing asbestos; this is not part of our assignment.
• We cannot always see in advance what is under or behind the old fence, such as hidden foundations or damaged paving. Article 10 applies to this.

• When the work is finished, we will let you know. We prefer to inspect the work together with you.
• You inspect the work within a reasonable period after our message. The work has been handed over once you approve it. If you do not let us know within a reasonable period whether you approve or reject the work, the work is deemed to have been approved (Article 7:758(1) BW).
• If you notice a defect at handover, please let us know immediately. We will note it and fix it as soon as possible. Minor points that do not stand in the way of use are not a reason to refuse handover of the entire work, but we will still fix them.
• After handover, we are no longer liable for defects you should reasonably have discovered at handover (Article 7:758(3) BW). For defects not discovered at handover, we remain liable by law, unless those defects cannot be attributed to us (Article 7:758(4) BW). This does not limit your rights as a consumer in the case of a defect in delivered materials (Article 17).
• From handover, the work is at your risk.

The work and the delivered materials must conform to the contract. They must have the properties you may expect under the contract for normal use (Article 7:17 BW and, for a contract for work, Articles 7:758 and 7:759 BW). We do not give any guarantee beyond the law, unless agreed in writing. These terms do not limit your statutory rights.

• If you discover a defect, report it within a reasonable time after discovering it. As a consumer, you are always in time if you report the defect within two months of discovering it (Article 7:23 BW).
• Preferably report the defect in writing, with a short description and a few photos. This allows us to assess quickly what is needed.
• We are given the opportunity to repair the defect within a reasonable period or, if more appropriate, to replace the part. As a consumer, you may in addition choose a price reduction or termination, under the conditions set by law.
• A defect is not our responsibility if it is caused by normal wear and tear, incorrect or unusual use, insufficient maintenance according to the instructions given by us or the manufacturer, alterations or repairs by others, or exceptional weather conditions such as a severe storm that a properly installed fence need not be designed to withstand. This does not affect what the law provides on this.

• The quote states when you pay. We may ask for an advance payment when the contract is concluded, for example to order materials. As a consumer, you never pay more than 50% of the total price in total before handover (Article 7:26(2) BW).
• You pay the balance after handover. You pay within 14 days of the invoice date, into the account stated on the invoice, unless the invoice states a different period.
• If you have a justified complaint about the work, you may, as a consumer, withhold a part of the payment proportionate to the defect until the defect has been repaired (right of suspension). Please let us know if you do so.
• If you, as a consumer, do not pay on time, we will first send you a payment reminder free of charge. In it, we give you 14 days, counting from the day after you receive the reminder, to pay. The reminder also states which collection costs we will charge if you do not pay within that period. If you still do not pay, we may charge the statutory interest (Article 6:119 BW) and extrajudicial collection costs. Those costs will not exceed what the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten) allows (Article 6:96 BW).
• As long as an invoice that is due has not been paid, we may postpone the start or continuation of the work, provided this is proportionate to the amount outstanding. We will let you know in advance.

If the withdrawal period has ended, or does not apply, you may still cancel the assignment (Article 7:764 BW). You then pay us the agreed price, less the costs we save as a result of the cancellation. In practice, this means: the work already carried out, materials already ordered or made especially for you that can no longer be cancelled or returned, and the costs we have already incurred for the assignment. We do not charge a fixed cancellation fee. On request, we will show you how we calculated the amount. Amounts already paid will be set off against it.

Towards consumers, we are liable in accordance with the law. We do not exclude or limit that statutory liability in these terms. The points below only explain when, in our view, damage cannot be attributed to us or is for your account.

• We are not liable for damage resulting from incorrect or incomplete information or instructions from you, such as an incorrectly indicated property boundary or unreported private cables and pipes, unless we should have noticed the error and warned you about it.
• We are not liable for damage arising because you fail to meet one of your obligations under Article 9, 10 or 11.
• If you also contributed to the damage yourself, the compensation is divided in accordance with the statutory rules (Article 6:101 BW).
• If you discover damage to your property that we caused during the work, please report it as soon as possible, preferably with photos, so that we can assess and resolve the damage.

• Do you have a complaint about our quote, our work or our service? Please let us know as soon as possible via [email protected], via WhatsApp (+31 6 13 87 10 16) or by post. Describe the complaint as clearly as possible and, if possible, include photos.
• We confirm receipt of your complaint within 7 days and give a substantive response within 14 days. If more time is needed, for example because we first need to come and look, we will let you know within those 14 days and tell you when you can expect an answer.
• We try to find a solution together with you. If we cannot reach agreement, you can submit the dispute to the competent court (see Article 23). For free legal advice, you can contact Het Juridisch Loket (the Dutch Legal Services Counter).

This article applies only to business customers. The other articles also apply to them, except Articles 5, 6 and 7 (withdrawal period). Where this article deviates, this article prevails.

• Payment: you pay invoices within 14 days of the invoice date. We may ask for an advance payment of more than 50% if this is stated in the quote. If you do not pay on time, you are in default without a notice of default being required and you owe the statutory commercial interest (Article 6:119a BW) and the extrajudicial collection costs.
• Set-off: you may not set off an amount you owe us against an amount you claim from us, unless we have acknowledged your claim or a court has awarded it.
• Complaints: you report visible defects at handover or no later than 8 days afterwards. You report other defects in writing within 14 days after you discovered them or could reasonably have discovered them. A claim lapses if you do not start legal proceedings within one year of a timely report.
• Liability: our liability is limited to compensation for direct damage, up to a maximum of the amount of the assignment excluding VAT to which the damage relates. We are not liable for indirect damage, such as consequential loss, loss of profit, lost revenue or business interruption. These limitations do not apply in the case of intent or deliberate recklessness on the part of ZuidHek.
• Indemnity: you indemnify us against claims from third parties, such as neighbours or tenants, resulting from incorrect information about the property boundary, missing permission or missing permits for which you are responsible under Article 9.
• Competent court: disputes with business customers are submitted to the competent court of the District Court of Limburg (Rechtbank Limburg), unless the law mandatorily designates another court.

Dutch law applies to these terms and to all contracts with ZuidHek. If you are a consumer and do not live in the Netherlands, you keep the protection of the mandatory rules of the country where you live, where the law so provides.

A dispute with a consumer is submitted to the court that has jurisdiction by law. For business customers, Article 22 applies.

If there is a difference between the Dutch text of these terms and a translation, the Dutch text prevails.

Only complete and return this form if you wish to withdraw from the contract. You may also write your own message or send it via WhatsApp.

• To: ZuidHek Schuttingen & Hekwerk, Breitnerstraat 34, 6165 VR Geleen, the Netherlands, [email protected]
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): …
• Ordered on (*)/received on (*): …
• Name of consumer(s): …
• Address of consumer(s): …
• Signature of consumer(s) (only if this form is submitted on paper): …
• Date: …

(*) Delete as appropriate.