The General Terms and Conditions of:
Green Home Developments
B.V. Chamber of Commerce number: 92186602
Address: Lokhorstweg 28, 3851 SE Ermelo Hereinafter referred to as Green Home Developments"
Article 1: Applicability, definitions
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These general terms and conditions apply to every offer and every agreement of assignment including the construction/renovation of tiny houses and related work and assignments and to all (whether or not related) agreements of purchase and sale of Green Home Developments B.V. , established in Ermelo, hereinafter referred to as "Tiny House World".
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The client and the buyer respectively shall be referred to further as "the other party".
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Various provisions in these general terms and conditions relate to a natural person acting outside
his business or professional activity. In these provisions, the other party is referred to as the consumer".
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Offer" means any offer made by Tiny House , whether or not in the form of a written quotation.
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"In writing" means by letter, e-mail, fax or any other means of communication that can be equated with it in view of the state of the art and common sense.
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"Documents" means drawings, designs, calculations, etc. to be produced or provided by Tiny House World and/or the counterparty. This may include both physical and digital documents.
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"Information" means both the aforementioned documents and other (verbal) data that Tiny House World and/or the counterparty (must) provide.
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"Goods" means: all goods to be delivered by Tiny House World separately to the counterparty as well as the goods and (construction) materials to be used/needed and in the execution of an assignment.
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The possible inapplicability of (part of) provision of these general terms and conditions does not affect the applicability of the remaining provisions.
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In the event of any discrepancy or conflict between these general terms and conditions and any translation thereof, the Dutch text shall prevail.
11. These general terms and conditions also apply to follow-up or partial orders, subsequent or partial orders resulting from the .
Article 2: Offer
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Unless a validity period is in/next to an offer, this concerns a non-binding offer. Tiny House World may revoke this offer at the latest within 2 working days after receipt of the acceptance.
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A compound offer does not oblige Tiny House World to deliver part of the offered performance/items at a corresponding part of the price or rate.
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In case the offer is based on information provided by the counterparty and this information turns out to be incorrect/incomplete or subsequently changes, Tiny House World may adjust the stated prices, rates and/or (delivery) terms.
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The offer, prices and/or rates do not automatically apply to future orders/follow-up orders or repeat orders.
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Models and examples shown as well as statements of dimensions, weights, materials, colours and other descriptions in brochures, promotional material and/or on the website of Tiny House World are as accurate as possible, but are for indicative purposes only. The counterparty cannot derive any rights from these.
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Tiny House World may charge the costs incurred for the purpose of the offer to the counterparty if it has previously informed the counterparty of these in writing.
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If the counterparty does not accept an offer, it shall return to Tiny House World all documents supplied with this offer upon first request.
Article 3: Conclusion of agreements
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The agreement comes into effect after the counterparty has accepted the offer of Tiny House World
accepted, even if this acceptance deviates from this offer on minor points. However, if this acceptance deviates on substantial points, the agreement will only come into being after Tiny House World has agreed to these deviations in writing.
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Tiny House World is only bound to:
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an assignment or order without a prior offer;
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verbal agreements;
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c. additions or amendments to the general terms and conditions or agreement; after written confirmation thereof to the counterparty or as soon as Tiny House World - without objection from the counterparty - has started the execution of the assignment, order or agreements.
Article 4: Compensation, prices, rates
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Unless the parties agree on an hourly rate, Tiny House World will perform the agreed performance for a fixed fee.
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Tiny House World may increase this fixed fee in case during the execution of the agreement it appears that the agreed/expected amount of work not correctly estimated, this estimation error cannot be attributed to Tiny House World and in all reasonableness it cannot be required to perform the work against the agreed fee.
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Should the parties agree on an hourly rate, Tiny House World will calculate the compensation based on the number of hours spent under application of this hourly rate. In the event of a dispute regarding the number of hours spent/charged, Tiny House World's hourly rate will be binding, barring evidence to the contrary from the counterparty.
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The hourly rates apply to normal working days which are understood to mean Monday to Friday (excluding recognised national holidays) from 07:00 - 16:.
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The prices and rates mentioned in an offer, price or rate list are exclusive of VAT and any costs, such as transport costs, administration costs, costs for applying for (transport) licences/exemptions, costs for making a KLIC excavation report to the
land registry under the Underground Networks Information Exchange Act WION) and invoices from engaged third parties.
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a. In case (cost) price increasing circumstances occur for Tiny House World between the conclusion and the execution of the agreement due to changes in legislation and regulations, government measures, currency fluctuations or changes in the prices of the items required for the work, Tiny House World may increase the agreed prices and rates accordingly and charge these to the counterparty.
b. In the event of price or rate increases within 3 months of the conclusion of the agreement, the consumer may dissolve the agreement by means of a written statement. Unless the within 14 days after notification of the price or rate change
indicates its intention to use its right of dissolution, Tiny House World may assume that the consumer has agreed to this change.
Article 5: Engagement of third parties
If Tiny House World deems it necessary, it may have certain work and deliveries carried out by third parties.
Article 6: Obligations of the other party
1. The other party shall ensure that:
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he makes all information necessary for the execution of the agreement (including self- obtained permits, exemptions, orders, etc.) available to Tiny House World in a timely manner and in the desired by Tiny House World;
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b.Tiny House World - when working on location - is granted access to this work location at the agreed dates and times. This location must comply with the applicable legal (safety) requirements for this purpose;
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the third parties called in by him perform their activities and deliveries in such a way that Tiny House World is not hindered by this and does not experience any delay in the execution of the agreement;
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the work site is in such a condition that Tiny House World can carry out and continue the work unhindered;
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Tiny House World will be given timely opportunity to arrange for the supply, storage and/or disposal of the required/to be supplied items and tools;
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Tiny House World has access to its required connection facilities for electricity (high- voltage), gas and water at the work site free of charge. Lost working hours as
resulting from water, gas or power failures are for the other party's account; g. sufficient facilities are available at the work site for collecting waste, such as construction waste;
h. an area is available at the work location where tools etc. of Tiny House World can be stored or put away without damage or theft taking place; i. other facilities reasonably required by Tiny House World and/or its subcontractors are available at the work location free of charge;
j. Tiny House World is informed of the location of cables, pipes, etc. (owned and in-house) that are not covered by the WION prior to the start of the work; k.
he immediately informs Tiny House World if the location of the cables, pipes, etc. that fall under the WION has changed or possibly deviates from the data known to the Land Registry;
l. he insures the Tiny House to be delivered as soon as the Tiny House is placed on the agreed plot/in his garden. Insurances of Tiny House World/carrier will lapse at that moment. All consequences for not insuring or later insuring are therefore at the risk of the counterparty. 2. The counterparty will ensure that the information provided is correct and complete and indemnifies Tiny House World for claims of third parties resulting from the incorrect and/or incomplete nature of information.
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Tiny House World will treat the information provided by the counterparty as confidential and will only provide it to third parties to the extent necessary for the execution of the agreement.
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The counterparty is liable for loss, theft and other damage to the tools etc. used or by Tiny House World on the premises of the counterparty during the execution of the work. This also includes damage caused by imperfections, defects, etc. at the work location.
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The counterparty shall allow Tiny House World to affix name signs and advertising to the work site or to the work free of charge.
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If the counterparty fails to the aforementioned obligations (in a timely manner), Tiny House World may suspend the execution of the agreement until the counterparty has its obligations. The costs and other consequences resulting from this will be at the expense and risk of the .
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If the counterparty fails to fulfil its obligations and Tiny House World does not immediately demand fulfilment, this does not affect Tiny House World's right to still demand fulfilment at a later date.
Article 7: Delivery, delivery and completion dates
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Agreed terms are never fatal terms. In the event Tiny House World does not (timely) fulfill its obligations, the counterparty should give notice of default in writing, granting Tiny House World a reasonable period of time to still fulfill its obligations.
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Tiny House World may execute the agreement in parts and each partial delivery or
-performance will be invoiced separately.
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The risk for the goods to be delivered passes to the other party at the moment they arrive at the work location/location of placement or are otherwise actually to the other party. Transport costs are for the account of the other party.
4. In the event it, due to a cause situated within the sphere of risk of the counterparty, does not appear possible to deliver the agreed performance or ordered goods (in the agreed manner) to the counterparty or these are not collected, Tiny House World may store these goods and/or the goods purchased for the of the agreement at the expense and risk of the counterparty.
The counterparty will then enable Tiny House World to still deliver the performance or goods within a reasonable period set by Tiny House World or will still collect these goods.
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Should the counterparty continue to fail to its obligations after the aforementioned reasonable period, it shall be in default with immediate effect. Tiny House World may then dissolve the agreement in whole or in part with immediate effect by means of a written statement, sell the goods to third parties and destroy any documents already produced without being obliged to compensate damage, costs and interest. This will affect the obligation of the counterparty to compensate any
(storage) costs, damage and loss of profit of Tiny House World and/or the right of Tiny House World to still claim fulfilment.
Article 8: Transport of tiny houses: permit/exemption, transport date
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If the parties agree that Tiny House World - whether or not with the involvement of a third party - will apply for/provide the permit/exemption necessary for the transport, the following provisions will apply.
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Tiny House World expressly draws the other party's attention to the following:
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the issue date/date involved in issuing the permit/exemption depends, among other things, on the dimensions of the tiny to be transported, the region in which the transport is to take place and whether or not the competent road authority imposes additional requirements with regard to the transport;
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the intended transport date is partly dependent on the availability of any transport escorts;
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despite the issue of the permit/exemption, width restrictions may still apply to the transport, e.g. due to acute roadworks on the intended/scheduled transport date.
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In view of the above, Tiny House World makes no guarantees regarding the issuance date of any requested permit/exemption or the ability to realise a
intended transport date. Tiny House World is not liable for delays occurring in this respect nor for damage resulting from this for the counterparty.
Article 9: Progress, performance of agreement
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If the start, progress or completion of the work or the agreed delivery of items is delayed because:
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Tiny House World has not timely received all necessary information from the counterparty; b. Tiny House World not timely received any agreed (advance) payment from the counterparty;
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c. there are other circumstances that are for the account and risk of the other party; Tiny House World is entitled to a reasonable extension of the (delivery) period and compensation of the costs and damages involved, such as possible waiting hours.
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If the agreement is executed in phases, Tiny House World may suspend the execution of the parts belonging to a subsequent phase until the counterparty has approved the results of the previous phase. The resulting costs and damages will be borne by the counterparty.
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Tiny House World will make every effort to realise the agreed work and deliveries within the time agreed and planned for this, insofar as this can reasonably be expected of it.
be required. Should the execution of the agreement be expedited at the request of the counterparty, Tiny House World may the counterparty for the overtime hours and other costs involved.
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Tiny House World shall perform the work properly, soundly and in accordance with the provisions of the agreement in such a that damage to persons, property or the environment is as a result.
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Tiny House World draws the counterparty's attention to imperfections, errors, etc. in the documents submitted by or on behalf of the counterparty:
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documents provided;
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prescribed constructions, working methods, etc;
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directions given.
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insofar as these imperfections, errors, defects, etc. are relevant to Tiny House 's performance and it is or could be aware of them.
6. Tiny House World is deemed to be familiar with the relevant statutory regulations and governmental orders. The costs related to compliance with these regulations and decrees will be for the account of the counterparty.
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Tiny House World only makes use of materials/items purchased by itself during the execution of agreed work. Should the counterparty - for example in a newly tiny house - wish to have other materials/items processed/installed, this is possible in consultation with Tiny House World. However, the other party is then responsible itself for the purchase and processing/installation of those materials/items.
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Tiny House World will inform the counterparty of the consequences for agreed prices, rates and deadlines:
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in case of changes in the agreed work desired by the counterparty; b. in case during the execution of the agreement it appears that as a result of unforeseen circumstances it cannot be executed in the agreed manner. In this case Tiny House World will first consult with the counterparty regarding the amended execution. In case execution has become impossible, Tiny House World will in any case be entitled to full compensation of work and deliveries already carried out.
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Additional and less work will be agreed in writing between Tiny House World and the counterparty. Additional work means: all additional work and deliveries requested by the counterparty or necessarily arising from the work and not included in the offer or order. Tiny House World may charge the costs in this to the counterparty separately.
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The counterparty carefully checks each draft document submitted to it by Tiny House World and makes its reaction known to Tiny House World as soon as possible. If necessary, Tiny House World will adjust the draft and submit it again for approval. In doing so, Tiny House World may require the counterparty to initial the final version per page for approval or sign a written declaration of approval to that effect. The counterparty may only use the documents produced after the aforementioned approval.
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Should Tiny House World need to amend already approved documents, this will constitute additional work and Tiny House World may pass on the resulting additional costs to the counterparty.
Article 10: Completion, approval and maintenance period
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At the moment the agreed work is completed, Tiny House World will inform the counterparty.
2. The work and the item delivered with it have been delivered in accordance with the agreement, at the moment the other party has checked them and signed the delivery statement or work order for .
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The work/items are/will be deemed to have been approved if: a. the counterparty does not return a provided completion statement or work order signed to Tiny House World within 2 weeks and it has also not complained within this period; b. Tiny House World has not provided a completion statement or work order and the counterparty has not complained within 2 weeks after completion of the work;
c. the item supplied with the work has already been taken into use by the other party before the expiry of the aforementioned period.
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Work not yet performed/not yet completed by work engaged by or on behalf of the other party
third parties, affecting the proper use of the
thing/thing to which the work took place shall not be grounds for withholding approval of the work completed by Tiny House World.
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Minor defects that can be easily repaired within a maintenance period agreed between the parties shall not be a reason for withholding approval, provided that these defects do not prevent commissioning. In the absence of an agreed term, a maintenance term of 30 days after delivery will apply. Tiny House World will repair the observed minor defects within this maintenance period.
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If the other party discovers defects, imperfections, etc. after the delivery or maintenance period, the provisions of the complaint article shall apply.
Article 11: Complaints
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The counterparty checks the delivered goods immediately upon receipt and mentions any visible deficiencies, defects, damages and/or deviations in quantities and/or other non- conformities on the waybill or accompanying receipt or - in the absence thereof - reports these in writing to Tiny House within 2 working days. If such are not reported on time, the goods are deemed to have been received in good condition and to comply with the agreement.
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Other complaints about the delivered goods the counterparty reports in writing to Tiny House immediately after discovery - but at the latest within the agreed warranty period.
World. All consequences of failure to report immediately shall be at the risk of the other party. If no warranty period has been agreed, a period of 1 year after delivery shall apply.
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Complaints regarding work performed shall be reported in writing by the counterparty to Tiny House World immediately upon discovery - but at the latest within a (warranty) period set by Tiny House World after delivery. All consequences of not immediately reporting are at the risk of the counterparty. If no (warranty) period has been agreed, a (warranty) period of 3 months will apply. If such complaints are not timely reported, the work is deemed to been performed in accordance with the agreement.
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In the absence of a timely complaint, there is no recourse to an agreed warranty.
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In case the goods required for the agreed activities can only be delivered in (wholesale) packaging or minimum quantities/quantities in stock at the supplier, the goods may show minor - in the branch accepted - deviations with regard to stated dimensions, weights, colours, etc. These deviations do not constitute a shortcoming on the part of Tiny House World and no appeal to the warranty is possible herewith.
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Complaints do not the other party's payment obligation.
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The previous paragraph does not apply to .
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The counterparty will enable Tiny House World to investigate the complaint and will provide all relevant information for this purpose. In case the investigation requires return shipments or Tiny House World needs to investigate the complaint on site, this will take place at the expense of the counterparty, unless the complaint turns out to be founded afterwards. The transportation risk upon shipment will always be for the account of the counterparty. 9. Return shipments will take place in a manner to be determined by Tiny House World and in the original packaging or wrapping.
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No complaints are possible about:
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imperfections in or properties of items manufactured from natural materials, if these imperfections or properties are inherent to the nature of the materials; b. minor mutual colour deviations;
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c. goods which, after receipt by the other party, have changed their nature and/or composition or have been fully or partially processed.
Article 12: Guarantees
1. Tiny House World will carry out the agreed deliveries and work and in accordance with the standards applicable in its line of business, but will never provide a further guarantee than as expressly agreed.
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During the guarantee period, Tiny House World guarantees the usual quality and soundness of the delivered goods.
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Unless the parties agree otherwise, the following warranties and warranty periods apply to newly built tiny houses:
a. a guarantee of 5 years after delivery as regards the shell and building structure including roof and exterior cladding;
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in addition to the hull warranty mentioned under a, a product warranty of 7 to 10 years after delivery applies to the exterior cladding (depending on the type of exterior cladding);
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a 10-year guarantee after delivery on roof tile sheets and the ridge of the roof;
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for kitchen equipment, central heating and/or stoves the warranties as issued by the manufacturers thereof apply. Tiny House World will inform the counterparty in more detail about these guarantees;
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a 10-year guarantee after delivery on the manufacture of window frames and hinge parts;
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A guarantee of 1 year after delivery on ;
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A guarantee of 1 year after delivery on ventilation grilles and suspending boxes;
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a 10-year guarantee after delivery on insulating glass. This guarantee does not to the application of rods in/on the glass;
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i. a 5-year guarantee after delivery on sealing and glazing rubbers.
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When using the items required for the execution of the work, Tiny House World relies on the information provided by the manufacturer or supplier regarding properties. If a warranty has been issued by the manufacturer or supplier, such warranty will apply in the same manner between the parties. Tiny House World will inform the counterparty in this regard.
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Should the purpose for which the counterparty wishes to process or use the goods to be delivered deviate from the usual purpose, Tiny House World will only guarantee that the goods are suitable for this purpose if it has confirmed this to the counterparty in writing.
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No appeal to the guarantee is possible as long as the other party has not yet paid the price/compensation agreed for goods and/or work.
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The previous paragraph does not apply to .
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In the event of a justified appeal to the warranty, Tiny House World will - at its discretion - provide repair or replacement of the items free of charge, the correct execution of the
agreed work or for reimbursement of or a reduction in the agreed price or fee. If there is any additional damage, the provisions of the liability article shall apply.
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The consumer may always opt for free repair or replacement of the goods or for the correct execution of the agreed activities, unless this cannot reasonably be required from Tiny House World. In the latter case, the consumer may dissolve the agreement by written declaration or demand a discount on the agreed price or fee.
Article 13: Liability
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Outside the guarantees, guaranteed results or quality requirements explicitly agreed or given by Tiny House World, Tiny House World accepts no liability whatsoever. 2. Tiny House World is only liable for direct damage. Any liability for consequential damages, such as trading loss, loss of profit and/or suffered loss, damage caused by delay and/or personal or bodily injury, is explicitly excluded.
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The other party shall take all necessary measures to prevent or limit the damage.
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In case Tiny House World is liable, the compensation obligation will always be limited to a maximum of the amount paid by its insurer in the occurring case. In case the insurer does not pay out or the damage is not covered by an insurance taken out by Tiny House World, the obligation to pay compensation is limited to a maximum of the invoice amount for the goods delivered and/or work performed.
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At the latest within 6 months after he became aware or could have become aware of the damage suffered by him, the counterparty must claim Tiny House World for this.
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Notwithstanding the previous paragraph, a period of 1 applies to consumers.
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In case Tiny House World has to perform its work or deliveries on the of documents provided by/on behalf of the counterparty, it is not responsible for the content, accuracy and completeness of these documents.
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Tiny House World stresses that when placing a tiny house, the subsoil must sufficiently strong and stable. Tiny House World places the tiny house on sleepers and can advise the other party in this regard, but it takes no responsibility for - and is not liable for - the soil conditions (density, etc.) or climatic conditions at the time of placement and any resulting subsidence or other damage suffered by the other party.
9. The counterparty indemnifies Tiny House World against all claims of third parties for compensation of damages if Tiny House World has the KLIC excavation notification required for the execution of the agreement under the WION to the Land Registry in a timely manner, has carefully performed the excavation work and damage to underground networks nevertheless occurs.
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Tiny House World is not liable - and the counterparty cannot invoke the applicable warranty - if the damage was caused by:
a. inexpert use, use contrary to the purpose of the delivered goods or use contrary to the instructions, advice, maintenance instructions etc. provided by/on behalf of Tiny House World; b. inexpert preservation (storage) or maintenance of the goods;
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errors, incompleteness etc. in the information provided by or on behalf of the counterparty to Tiny House World;
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flaws, defects, etc. in the materials and items purchased and/or fitted/installed by the other party itself;
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climatic conditions. This concerns both damage caused to the items delivered after delivery and damage due to defects that manifest themselves at a later stage but are the result of climatic conditions during/after the performance of the work; f. directions or instructions from/on behalf of the other party;
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or as a result of a choice made by the counterparty that deviates from what Tiny House advised and/or is customary;
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or because (repair) work or operations have been carried out by/on behalf of the counterparty on the delivered item without the express prior consent of Tiny House World.
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In the cases as enumerated in the previous paragraph, the counterparty is fully liable for the resulting damage and indemnifies Tiny House World for any claims of third parties.
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The limitations of liability included in this article do not apply in case the damage can be attributed to intent and/or deliberate recklessness of Tiny House World or its executive staff at board level or in case mandatory legal provisions dictate otherwise. Exclusively in these cases Tiny House World will indemnify the counterparty for possible party claims.
Article 14: Payment
1. Tiny House World may always request (partial) prepayment or other security for payment.
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Payment must be made within a due date of 30 days from the invoice date, unless the parties have agreed on a different payment term in writing. Thereby, the correctness of an invoice is if no objection has been made within this payment period.
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In the case of a commissioned tiny house, the fee agreed for this purpose must in any case be paid in full before transport.
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In case an invoice has not been paid in full after expiry of the terms referred to in paragraphs 2 and 3, the counterparty will owe Tiny House World default interest in the amount of 2% per month, to be calculated cumulatively over the principal sum. Parts of a month will be considered a full month.
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In the aforementioned situation, a default interest rate of 6% per annum applies to the consumer, unless the statutory interest rate is higher. In that case, the statutory interest rate applies.
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In case payment is still not made after a reminder, Tiny House World may furthermore charge counterparty extrajudicial collection costs in the amount of 15% of the invoice amount with a minimum of € 40,00.
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Tiny House World will give the consumer at least a period of 15 days to still pay in the said reminder. If payment is again not made, the extrajudicial collection costs will be for the consumer:
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15% of the amount of the principal over the first€ 2,500.00 of the claim (with a minimum of €40.00);
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10% of the amount of the principal sum over the next €2,500.00 of the claim; c. 5% of the amount of the principal sum over the next €5,000.00 of the claim; d. 1% of the amount of the principal sum over the next€ 190,000.00 of the ; e. 0.5% of the excess of the principal sum.
All this with an absolute maximum of€ 6,775.00.
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For the purpose of calculating the extrajudicial collection costs, Tiny House World may increase the principal amount of the claim after expiry of 1 year by the default interest accrued in that year.
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In case of failure to pay in full, Tiny House World may dissolve the agreement without further notice of default by means of a written statement or suspend its obligations under the agreement until payment has been made or adequate security has been provided. Tiny House World will also be entitled to the aforementioned right to suspend payment.
if, even before the other party/consumer is in default of payment, it has legitimate reasons to doubt the creditworthiness of the other party/consumer.
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Payments received shall first be deducted by Tiny House World from all interest and costs and then on the due and payable invoices that have been outstanding the longest, unless the payment states in writing that it relates to a later invoice.
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The counterparty may not set off claims of Tiny House World against any counterclaims it may have against Tiny House World. This also applies if the counterparty applies for (provisional) suspension of payment or is declared bankrupt.
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The previous paragraph does not apply to .
Article 15: Retention of title
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All goods delivered/to be delivered pursuant to the agreement will remain the property of Tiny House World until the counterparty has fulfilled all its payment obligations.
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These payment obligations consist of the payment of the purchase price of the goods, increased claims for work performed in connection with the delivery and claims due to an attributable shortcoming of the other party, such as claims to pay damages, extrajudicial collection costs, interest and any penalties. 3. As long as the goods are subject to retention of title, the other party may not pledge them in any way or place them under the effective control of a financier.
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The counterparty shall immediately inform Tiny House World in writing if third parties claim ownership or other rights to the goods.
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As long as the counterparty has the goods in its possession, it shall keep them carefully and as identifiable property of Tiny House World.
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The counterparty will arrange for a building or contents insurance such that items delivered under retention of title are co-insured at all times. Upon first request he will allow Tiny House World inspection of the insurance policy and corresponding premium payment receipts. 7. In case the counterparty acts contrary to this article or Tiny House World invokes the retention of title, Tiny House World and its employees may enter the premises of the counterparty and repossess the goods. This will affect the right of Tiny House World to compensation for damages, lost profit and interest and the
right dissolve the agreement without further notice of default, by written declaration.
Article 16: Intellectual property rights
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Unless the parties agree otherwise, Tiny House World is and remains the rightful owner all intellectual property rights resting on, arising from, related to and/or belonging to the goods and documents delivered or produced by it in the context of the agreement. The exercise of these rights is explicitly and exclusively reserved to Tiny House World.
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This means, among other things, that the other party may not use the documents delivered or produced by Tiny House World: a. outside the context of the agreement, may not multiply them and may not provide them to third parties or allow these third parties to inspect them;
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items or parts thereof may not copy, modify, reproduce, etc.; without the prior consent of Tiny House World.
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The counterparty guarantees that the documents and files by it to Tiny House World do not infringe any intellectual property right of third parties. He is liable for any damage suffered by Tiny House World as a result of such infringements and indemnifies it against claims from these third parties.
Article 17: Bankruptcy, disposition, etc.
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Tiny House World may dissolve the agreement without further notice of default by means of a written declaration to the counterparty at the time when the counterparty: a. is declared bankrupt or an application to that effect has been made; b. applies for (provisional) suspension of payment;
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affected by foreclosure;
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is under guardianship or administration;
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otherwise loses the power of disposal or legal capacity with regard (parts ) his assets.
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The other party shall always inform the trustee or administrator of the (contents of the) agreement and these general terms and conditions.
Article 18: Force majeure
1. In case of force majeure on the part of the counterparty or Tiny House World, the latter may dissolve the agreement by a written statement to the counterparty or suspend the fulfilment of its obligations towards the counterparty for a reasonable period of time without being to pay any damages.
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Force majeure on the part of Tiny House World is understood to mean: a non- attributable shortcoming on the part of Tiny House World , third parties or suppliers engaged by Tiny House World or other weighty reasons on its part.
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The following circumstances will in any case constitute force majeure on the part of Tiny House World : war, riots, mobilization, domestic and foreign riots, governmental measures, strikes within the organization of Tiny House World or threat of such etc. circumstances, disruption of the currency relationships existing at the moment of entering into the agreement, company disruptions due to fire, burglary, sabotage, breakdown of electricity, internet or telephone connections, natural phenomena, (natural) disasters etc. as well as due to weather conditions, roadblocks, accidents, import and export obstructing measures etc. as well as transport difficulties and (re)delivery problems caused by itself or third parties engaged in the execution.
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If the force majeure situation occurs when the agreement has already been partially executed, the counterparty must fulfil its obligations towards Tiny House World up to that moment.
Article 19: Cancellation, suspension
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In the event the counterparty wishes to cancel the agreement prior to or during the execution, Tiny House World may request from the counterparty a fixed compensation for all costs incurred and damages suffered due to the cancellation including lost profit. At the discretion of Tiny House World and depending on the work and/or deliveries already carried out, this will amount to 20 to 100 per cent of the agreed price/compensation.
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If the counterparty cancels or reschedules a scheduled appointment less than 24 hours in advance, Tiny House World may charge the counterparty for the time reserved for it based on the agreed/usual hourly rate.
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The counterparty indemnifies Tiny House World for claims of third parties arising from the cancellation.
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Tiny House World may offset the compensation due against all amounts paid by the counterparty and any counterclaims of the counterparty.
5. In case of suspension of the agreement at the request of the counterparty, the compensation for all deliveries/work carried out is immediately claimable and Tiny House World may charge these to the counterparty. This also applies to costs already incurred, costs resulting from the
suspension and/or hours already reserved by Tiny House World for the suspension period at the time of suspension.
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Costs incurred by Tiny House World due to the resumption of the delivery(s)/work shall be borne by the counterparty. If the execution the agreement cannot be resumed after the suspension, Tiny House World may dissolve the agreement by a written declaration to the counterparty.
Article 20: Applicable law, competent court
1. The agreement concluded between the parties shall be governed exclusively by Dutch law. 2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. 3. Possible disputes will be submitted to the competent judge in the place of establishment of Tiny House World , but Tiny House World always retains the right to submit the dispute to the competent judge in the place of establishment of the counterparty.
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Regardless of Tiny House World's choice, the consumer always retains the right to submit the dispute to the legally competent court. The consumer must make this choice known to Tiny House World within one month of receiving the summons.
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If the counterparty is located outside the Netherlands, Tiny House World may choose to submit the dispute to the competent court in the country or state where the counterparty is located.
Date: 01-12-2024