Article 1. Definitions

In these terms and conditions, the following terms shall mean:
A:
Natural person, consumer not acting in the course of a profession or business
B:
wtwvervangen.nl and the maintenance technician appointed by it
C:
The agreement between the Client and Contractor for the performance of maintenance during the contract period according to the agreed interval;
D:
The telephone/written discussed activities on the balanced ventilation system with heat recovery and mechanical ventilation unit, in accordance with the guidelines prescribed by the system manufacturer
E:
Performing maintenance work on the ventilation system (for a maximum of 2.5 hours), including cleaning the internal components of the ventilation box (including ducts and valves) and readjusting the ventilation system using valves placed in the ducts
E:
Measurement, where possible, prior to the maintenance service, of the airflow of the incoming and outgoing ventilation ducts
F:
The mobile work order provided to the client as part of the maintenance service and baseline measurement, containing the results of the measurements of the airflow in the incoming and outgoing ventilation ducts

Article 2: The Price

The agreed price for the maintenance contract and/or the (one-time) maintenance service and/or the baseline measurement, including travel expenses and VAT, but excluding the costs of additional materials and parts.
Price adjustments may be made due to national price increases from suppliers.
The agreed price for a maintenance contract may be changed at the start of a new contract period.
The Contractor shall notify the Client in a timely manner and prior to the expiration of the contract period of the price change, and the Client retains the right to decline the renewal of the maintenance contract.

Article 3: Formation of the Assignment

The assignment for a maintenance contract, a (one-time) maintenance service, or a baseline or fault service is established after the Contractor has confirmed this in writing to the Client.
Part of the assignment is the agreed price per year and the maintenance interval.
After the assignment has been established, a date for the execution of the maintenance work, as well as a time frame, will be determined in mutual agreement with the Client.

Article 4: Contractor’s Obligations

The Contractor is obliged to carry out the agreed work as a skilled professional or have it carried out.
The Contractor or the maintenance technician appointed by the Contractor carries out the maintenance work in accordance with the manufacturer’s guidelines for the ventilation system and uses certified measuring equipment.
The Contractor immediately informs the Client of any defects found in the ventilation system and/or ventilation ducts, roof penetrations, and/or other items that directly affect the system’s operation.
After the completion of the maintenance work, the Client receives the measurement report from the Contractor, which also includes the materials and/or parts used.
If the Contractor is unable to perform the work on the agreed-upon date, this will be communicated to the Client as soon as possible, but no later than 1 day in advance (excluding force majeure).
The Contractor is liable for damages, to the extent they can be attributed to him, up to the maximum amount for which he is insured. Damage caused to wiring pulled through the ventilation ducts cannot be attributed to the Contractor.

Article 5: Client’s Obligations

For the execution of periodic maintenance as part of the maintenance contract, the Client ensures the maintenance of the system since the previous maintenance service.
Once significant changes are identified by the Contractor, such as modifications by the Client, the obligations of the Contractor regarding the maintenance contract expire, and the maintenance contract can only be reinstated after a baseline service has been performed.
The Client provides the Contractor with the opportunity to perform the work and provides the necessary connections for the energy and water required for the work.
The necessary electricity, gas, and water expenses are borne by the Client.
The work is considered to have been performed if the Contractor is unable to carry out the agreed-upon work more than once.
In case the WTW unit is in malfunction, this should be reported to the Contractor by the Client. A maintenance service or baseline service cannot be performed if the unit is malfunctioning.
The Client must not make any changes and/or repairs to the system under any circumstances. Valves should not be disassembled, and cleaning should only be done externally while taking into account the valve’s adjustment.
Relocation should be reported to the Contractor at least 3 months before the relocation (or in a timely manner).
The Client is responsible for timely indicating any wiring that has been pulled through the ventilation ducts. Damage to the wiring is the responsibility of the Client. It will be decided in consultation whether and how the cleaning can proceed.
Disruptions due to the temporary interruption of electricity for maintenance work are at the risk of the Client and cannot be attributed to blameworthy incompetence.
Damages must be reported within 24 hours.
In case of untimely cancellation, no later than 24 hours before the scheduled appointment, and absence on the agreed-upon date/time, the Contractor reserves the right to charge the full agreed-upon amount to the Client, unless otherwise agreed.

Article 6: Payment

If and to the extent that advance payment has been agreed upon, the costs for the maintenance contract become due on the first day of the contract period.
A cost specification will be provided to the Client for additional costs for materials and/or parts required for the maintenance.
The costs for the maintenance contract must be paid within 30 days after receipt of the invoice. The costs for materials and/or parts must be paid within 14 days after receipt of the invoice. If the Client does not pay in a timely manner, he will be considered to be in default after one payment reminder, in which he is informed of his default, if not paid within 14 days after receipt of the reminder, without further notice of default.
The Contractor may charge interest on the payment not made in a timely manner from the ultimate payment date mentioned in the payment reminder until the day of receipt of the amount due. This interest rate is equal to the statutory interest pursuant to Article 6:119 of the Dutch Civil Code.
After the expiration of the 14-day period referred to in paragraph 3, the Contractor is entitled to collect the amount due to him without further notice of default. In that case, the extrajudicial costs associated therewith shall be borne by the Client.

Article 7: Non-compliance with Obligations

The Client is entitled to a refund of prepaid subscription fees on the first day following the end of the contract period if and to the extent that the Contractor is in default regarding its obligations under the maintenance contract after prior written notice of default on that day.
If one of the parties fails to fulfill its obligations, or in the event of suspension of payments, the other party is entitled to suspend the performance of this agreement.
If one of the parties is unable to fulfill its obligations under this agreement due to reasons beyond its control, it shall promptly contact the other party to inform them of the situation.

Article 8: Termination of the Agreement

A client can terminate the agreement prematurely but is not entitled to a refund of already paid costs.
In the event of the client’s relocation, the client will enable the contractor to offer the new resident the option to take over the contract.

Article 9: Final Provisions

Dutch law is applicable to agreements concluded based on these general terms and conditions.