Art. 1 GUARANTEED ACTIVITIES
The below listed guarantee conditions are solely applicable on performed work and or deliveries such as described on the originally signed certificate that has been given for the works.
Art.2 GUARANTEED TERMS.
2.1 The guarantee is valid for a period of 3
years, starting from the date of delivery of the in Art.1 described works.
2.2 Damages or claims which are notified by client after this date do not fall under this guarantee, irrespective of when the damage occurred or was noticed.
2.3 Repair or replacement taken place under this guarantee, does not extend the original agreed upon length of guarantee terms.
Art.3 GUARANTEED DEFECTS
3.1 Defect in the by us supplied materials and/or workmanship which are apparently due to poor or below standard quality of materials and/or poor workmanship from our company fall under this guarantee.
3.2 The warranty / guarantee obligations in respect to our materials and workmanship does not extend past the guarantee that we receive from our suppliers.
Art.4 EXTEND OF THE GUARANTEE.
4.1 Defect according to Art 3 will be rectified by us and for our expense.
4.2 We have the right to pay a financial compensation instead of repair or replacement, which compensation is maximum the sum of the contract for the particular work item .
4.3 Our liability is limited to maximum the original contract price of the particular work item.
4.4 Cost and/or expenses as a result of improvements and/or changes in design, use and/or application of construction etc. stay for the expense of client, in so far these lead to increased costs.
Art.5 EXCLUSIONS
5.1 We do not accept any liability for damages which are a result of:
- normal to be expected aging and or wearing as a result of exploitation of the project;
- mechanical damage;
- changed circumstances in the environment and/or usage.
- injudicious or negligent treatment of the object during the exploitation;
- abnormal working of the underlaying construction and/or loss of consistency of the subsurface, or moisture from below;
- extreme temperature changes;
- by client or third party applied changes or additions in our work in any way shape or form;
5.2 Additionaly we do not accept liability for:
- consequential damages to or as a result of property of client and or end use;
- consequential damages of operating loss from client, end user or third parties.
Art.6 OBLIGATIONS OF CLIENT
6.1. The client is obligated to notify us within 14 days of which defects are found by certified mail to our companies’ head quarters address.
6.2. When from the nature of the defect or otherwise it appears that the client could in all fairness have noticed the defects at an earlier stage, then the claims from client do no longer fall under this guarantee.
6.3 By repair or rectification of the defects, the client is obligated to provide the original facilities such as the use of water, electricity, lifts, cranes, transport and/or storage facilities and the like, as well as the original access and accessibility for our materials and people without any costs to us
Art.7 BREACH OF OBLIGATIONS.
This warranty is null and void, in case the client does not or has not fulfilled his payment or other obligations which are part of or a result of this contract.
Art.8 DISPUTES
All disputes from this agreement and or related to this agreement, will be subject to the court of Rotterdam according to Dutch law, or can be taken to International Arbitration under direction of TBA ( Technisch Buro Afbouw).
