TERMS AND CONDITIONS
Article 1. Definitions
In these terms and conditions, the following definitions apply: Limited : NSMENGINEERS, registered with the Company House under number 14634316.
Client:
The counterparty of NSMENGINEERS with whom an agreement to perform construction work is concluded.
Article 2. Applicability of these conditions
1. These terms and conditions apply to every offer and every agreement between the construction company and a client to which the construction company has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
2. These general terms and conditions also apply to all agreements with construction companies, for the implementation of which third parties must be involved.
Article 3. Quotation
1. All quotations from the construction company are without obligation, unless a term of acceptance has been set in the quotation.
2. The prices stated in a quotation or offer are exclusive of VAT.
3. A composite quotation does not oblige the construction company to perform part of the assignment against a corresponding part of the stated price.
4. NSMENINEERS is entitled to change or withdraw an offer within the validity period.
Article 4: Obligations of the client
The client must ensure that work and/or deliveries to be carried out by others that do not form part of the construction company's work are carried out in such a way and in such a timely manner that the execution of the work is not delayed.
Article 5: Liability of the client
1. If building materials or resources that the client has made available or prescribed by him should have defects, the client is liable for the damage caused.
2. The client is liable for damage to the work as a result of work performed by him or deliveries made.
Article 6: Liability of construction company NSMENGINEERS
The construction company NSMENGINEERS is liable for damage to other works and property of the client insofar as this is caused by the execution of the work and is due to negligence, carelessness or wrong actions on the part of the construction company.
Article 7: Obligations of the construction company NSMENGINEERS
1. The construction company NSMENGINEERS is obliged to carry out the work properly and properly and in accordance with the provisions of the agreement.
2. The construction company NSMENGINEERS is also obliged to follow orders and instructions given by or on behalf of the client.
3. The construction company NSMENGINEERS is obliged to inform the client of imperfections in constructions and working methods prescribed by or on behalf of the client and in orders and instructions given by or on behalf of the client, as well as defects in prescribed building materials and tools made available by the client. , insofar as the construction company knew or should reasonably have known them.
4. The construction company NSMENGINEERS indemnifies the client against claims for compensation of damage insofar as this is caused by the execution of the work and can be attributed to negligence, carelessness or wrong actions on the part of the construction company.
Article 8. Execution term
If a period has been agreed within the term of the agreement for the completion of certain work, this is never a strict deadline. If the execution period is exceeded, the client must therefore give the construction company NSMENGINEERS written notice of default.
Article 9. Payments and collection costs
1. Payment must always be made within 14 days of the invoice date, in a manner to be indicated by the construction company NSMENGINEERS and in the currency in which the invoice is made.
2. The construction company NSMENGINEERS is entitled to invoice periodically.
3. If the client fails to pay an invoice on time, the client will be in default by operation of law. The client then owes an interest of 1% per month.
4. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of the construction company NSMENGINEERS and the obligations of the client towards the construction company NSMENGINEERS will be immediately due and payable.
5. Payments made by the client always serve firstly to settle all interest and costs owed, secondly to payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
Article 10. Failure of the client
1. If the client does not pay on time, the construction company NSMENGINEERS is entitled to collect the amount due, provided that it has demanded the client in writing to pay within 7 days and payment has not been made.
2. If the construction company proceeds to collection, the associated extrajudicial costs will be borne by the client. The construction company is entitled to fix these costs at 10% of the principal sum due.
3. If the client does not pay an installment on time, the contractor is entitled to suspend the work until the installment due has been paid, provided that he has demanded the client in writing to pay within 7 days and payment has not been made.
Article 11. Contract term
1. The agreement between the construction company NSMENGINEERS and the client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing. 2. The construction company will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Article 12. Force majeure
1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the construction company cannot exert any influence, but as a result of which the construction company NSMENGINEERS is unable to fulfill obligations. This includes strikes in the company of the construction company NSMENGINEERS.
2. The construction company NSMENGINEERS also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the construction company NSMENGINEERS should have fulfilled its obligation.
3. During force majeure, the obligations of the construction company NSMENGINEERS are suspended. If the period in which fulfillment of the obligations by the construction company NSMENGINEERS is not possible due to force majeure, or lasts longer than 2 months, both parties are authorized to dissolve the agreement. In that case there is no obligation to pay compensation. If the construction company NSMENGINEERS has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice separately for the already executed or executable part. The client is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already executed or executable part has no independent value.
Article 13. Dispute Resolution
The court in the place of residence of the construction company NSMENGINEERS has exclusive jurisdiction to take cognizance of disputes, unless the subdistrict court has jurisdiction. Nevertheless, the construction company NSMENGINEERS has the right to summon its other party before the competent court according to the law.
Article 14. Applicable law
law applies to every agreement between the construction company NSMENGINEERS and the client.