Terms and Conditions
General terms and conditions of GlasParade, for the benefit of the stained glass craft.
Glazier is Marcel de Laat, trading under the name GlasParade.
GlasParade, located in Amsterdam, makes and designs stained glass work on assignment. In addition, GlasParade restores glass, windows, doors and other glass objects in a traditional way.
Additional and deviating provisions have been included in these General Terms and Conditions for the benefit of the latter Clients.
Article 1: Validity of these terms and conditions.
1. These terms and conditions apply to all offers and quotations made by GlasParade.
2. Provisions that deviate from these terms and conditions are only valid if agreed in writing.
3. In the event of any conflict between the provisions of these terms and conditions and the agreement concluded, the provisions of the agreement concluded between the parties shall prevail.
Article 2: Duration
1. This agreement is entered into for the duration of the stained glass project (design, execution and placement of the stained glass object) and will therefore end by operation of law when the project has ended.
2. GlasParade gives a target time for the duration of the project. If there is an expected deviation from the target time, GlasParade will report this to the Client as soon as possible. A target time is never a strict deadline.
3. Either of the Parties may terminate this agreement. Termination must be done by means of a registered letter. If termination is given by the Client, the Client will reimburse the costs incurred by GlasParade for the benefit of the assignment and lost profit.
4. Each of the Parties is entitled to terminate this agreement with immediate effect and without any obligation to pay compensation if: a. the other party is granted a moratorium or applies for a moratorium; b. the other party is declared bankrupt, or the bankruptcy of the other party is requested; c. the other party’s business is discontinued or liquidated; d. a substantial part of the other party’s assets are seized.
5. This article is without prejudice to dissolution under the law.
Article 3: Activities for the realization of the stained glass object.
1. The assignment to be carried out by GlasParade within the framework of this agreement is carried out in three phases, namely the design, implementation and installation phase.
2. In the design phase, the Client indicates its wishes in preparation for the design. When the wishes of the Client to GlasParade are clear, GlasParade will make a rough estimate of the number of hours that the design and implementation phase will take. The client gives written approval for this, after which GlasParade will proceed to implement the concept design. The costs for the installation will be charged separately.
3. After written approval of the final design, GlasParade will record the technical aspects. The technical equipment consists of separate or combined techniques, including stained glass, installing insulating glass and glass in combination with other materials. The sketch designs, implementation drawings and glass samples remain the property of GlasParade and may not be used for other purposes without written permission from GlasParade.
4. In the implementation phase, GlasParade makes the stained glass object. GlasParade has the right at all times to deviate from the final design for technical or artistic reasons. In the event of fundamental changes, GlasParade will inform the Client of this in writing, stating the reasons. GlasParade is not obliged to follow up on changes during the execution of the Client. Changes made by the Client during implementation will be agreed in writing.
5. In the installation phase, the stained glass object is placed at the location determined by the Client. The client shall ensure that this is possible. The Client can also have the installation carried out by third parties at its own responsibility and at its own expense.
Article 4: Independence
1. GlasParade fulfills its assignment in complete independence and determines itself under which circumstances it will carry out the accepted stained glass object.
2. GlasParade is completely free to also work for third parties, if this does not unreasonably delay the target date of delivery.
Article 5: Target price or commissioned work
1. When working with a target price, GlasParade can only estimate the final price. The final price never deviates by more than 15 percent from this given target price, unless GlasParade has warned the Client in time for a higher amount.
2. When commissioned work, GlasParade works at a pre-agreed rate. Materials/external services are paid by the Client. The final price is fixed. In that case GlasParade will send the client a specified statement.
3. All amounts are exclusive of VAT, unless otherwise agreed in writing.
4. The costs – including those imposed on GlasParade by the government, such as taxes, import duties, levies and other charges – can change during the phases due to changed and unforeseen circumstances. If this is the case, GlasParade will discuss this with the Client as soon as possible and record it in writing. Art. 15 paragraph 3 applies mutatis mutandis.
5. Client will settle all invoices within 14 days of receipt thereof by payment to a bank account number to be specified by GlasParade. If payment is not made within this period or not on time, the client is in default without notice of default and owes GlasParade the statutory interest. In that case, the client must also pay GlasParade all reasonable costs incurred in obtaining payment of the claim in and out of court, whereby the extrajudicial collection costs have been set by the parties at a minimum of 15 percent of the principal with a minimum of € 75.00 excluding VAT.
6. If the invoice amount has not been credited to GlasParade’s account within the period specified in point 5.5, GlasParade is authorized to suspend its obligations under the agreement.
7. Complaints regarding the invoices sent by GlasParade must be made by the Client by registered letter within 14 days of receipt of the invoices.
8. As long as the Client has not fully complied with his or her payment obligation, the stained glass object remains the property of GlasParade after delivery. The client is not authorized to sell or otherwise dispose of the stained glass object as long as payment to GlasParade has not been made. GlasParade can enforce rights arising from its retention of title without a notice of default or judicial intervention being required. In the event of a dispute, GlasParade’s accounting is decisive.
Article 6: Liability
1. The stained glass object to be delivered by GlasParade meets the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands.
2. GlasParade bears the risk with regard to the material of the stained glass object until it has actually placed the stained glass object at the location desired by the Client or if the placement is carried out by the Client itself until the stained glass object has actually been delivered. to the Client.
3. If the Client makes a timely complaint, this does not suspend its payment obligation. In that case, the client also remains obliged to purchase and pay for the stained glass object.
4. Client must complain to GlasParade about a defect in the stained glass object within a reasonable time – in any case 2 months – after discovery or when the client could reasonably have discovered the defect. If a defect is reported later, the other party is no longer entitled to repair, replacement or compensation. Breakage of the glass is excluded from the warranty and is excluded after delivery and/or installation. Any legal claims must be submitted within 1 year of GlasParade’s receipt of that timely written complaint, under penalty of forfeiture. Even if the client has explicitly set quality requirements or standards, no complaint can be made about usual or technically unavoidable or minor deviations and differences. If a defect is reported later, the Client is no longer entitled to repair, replacement or compensation.
5. The warranty on the stained glass object depends on the materials and technology required by the Client that is used and applied, as well as the use of the stained glass object. If GlasParade deviates from a standard warranty period, this will be done in writing and with reasons.
6. GlasParade will only be liable for damage caused by intent or gross negligence on the part of GlasParade or third parties for whom it can be held liable under the law, on the understanding that the total damage will never exceed €1,000.
Article 7: Dissolution
1. The parties commit themselves to each other to properly execute the agreement.
2. If the Client does not properly fulfill its obligations under the agreement, GlasParade has the right to dissolve this agreement unilaterally, without judicial intervention and without any notice of default being required.
Article 8: Force majeure
1. GlasParade is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to his fault, and neither under the law, a legal act or generally accepted views for his bill comes.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which GlasParade cannot exercise any influence, but as a result of which GlasParade is unable to fulfill its obligations after to come. GlasParade also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after GlasParade should have fulfilled its obligation.
3. Insofar as GlasParade at the time of the occurrence of force majeure has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has an independent value, GlasParade is entitled to fulfill or fulfill that which has already been fulfilled. will be invoiced separately. The Client is obliged to pay this invoice as if there were a separate agreement.
Article 9: Intellectual property
1. GlasParade reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations.
2. GlasParade has the right to use the knowledge gained by the execution of this agreement for other purposes.
3. GlasParade is at all times entitled to photograph and film the placed stained glass object at the location of the Client or where the stained glass object is located and to use this photo and/or film material for its own use and advertising purposes, insofar as there are no strictly confidential information of the Client is passed on to third parties. The client undertakes to cooperate with this or to ensure that cooperation will be provided.
Article 10: Website
1. All texts, images and logos placed on the GlasParade website are the property of GlasParade and may not be used without written permission. After permission for use, the name of GlasParade is mandatory. When using and posting online on social media, a direct link to the GlasParade website is required.
2. No rights can be derived from the amounts stated on the website. No liability is accepted for unrealistic and incorrectly stated prices that have been established on the basis of, for example, a typing error or programming error.
Article 11: Applicable law / disputes
1. Dutch law applies to the agreement between GlasParade and the Client.
2. All disputes arising between the parties with regard to this agreement and its implementation will be submitted exclusively to the competent court within the district of Utrecht.
3. The parties will then only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
ADDITIONAL AND DIFFERENT PROVISIONS FOR THE PERFORMANCE OF CRAFT WORK: