Terms and Conditions

EMAIL: contact@waaierelektrotechniek.nl
WEBSITE: https://waaierelektrotechniek.nl

Article 1 - Definitions

1. Waaier Elektrotechniek: Waaier Elektrotechniek, established in Amsterdam, Chamber of Commerce number: 99657619.
2. Customer: the person or entity with whom Waaier Elektrotechniek has entered into an agreement.
3. Parties: Waaier Elektrotechniek and the Customer jointly.
4. Consumer: a Customer who is also an individual acting in a private capacity.

Article 2 - Applicability

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Waaier Elektrotechniek.
2. Waaier Elektrotechniek and the Customer may only deviate from these terms and conditions if this has been agreed in writing.
3. Waaier Elektrotechniek and the Customer expressly exclude the applicability of the Customer’s or any third party’s general terms and conditions.

Article 3 - Offers and quotations

1. Offers and quotations issued by Waaier Elektrotechniek are non-binding unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum of 21 days, unless another period is stated in the offer or quotation.
3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
4. Offers and quotations do not apply to repeat or additional orders unless Waaier Elektrotechniek and the Customer agree otherwise in writing.

Article 4 - Acceptance

1. Upon acceptance of a non-binding quotation or offer, Waaier Elektrotechniek may still withdraw the quotation or offer within 3 days of receiving the acceptance, without the Customer being able to derive any rights from it.
2. Oral acceptance by the Customer will only bind Waaier Elektrotechniek after the Customer has confirmed it in writing or electronically.

Article 5 - Prices

1. Waaier Elektrotechniek uses prices in euros, including VAT and excluding any additional costs such as administration or shipping costs, unless otherwise agreed in writing.
2. Waaier Elektrotechniek may change the prices of its services and products on its website and in other communications at any time.
3. Increases in the cost price of products or components that Waaier Elektrotechniek could not have foreseen at the time the offer was made or the agreement was concluded may result in price increases.
4. The Consumer may terminate the agreement due to a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
5. Waaier Elektrotechniek determines the price of its services based on the actual number of hours worked.
6. The price is calculated according to Waaier Elektrotechniek’s usual hourly rates applicable during the period in which the work is carried out, unless otherwise agreed in writing.
7. If Waaier Elektrotechniek and the Customer agree on a total amount for a service, this amount will always be considered an estimated price unless otherwise agreed in writing.
8. Waaier Elektrotechniek may deviate from the estimated price by up to 10%.
9. If the estimated price is expected to exceed the agreed amount by more than 10%, Waaier Elektrotechniek must inform the Customer in good time why the higher price is justified.
10. If the estimated price is expected to exceed the agreed amount by more than 10%, the Customer may cancel the part of the assignment that exceeds the estimated price plus 10%.
11. Waaier Elektrotechniek will notify the Customer of price adjustments before they take effect.
12. The Consumer may terminate the agreement with Waaier Elektrotechniek if they do not agree with the price increase.

Article 6 - Payments and payment term

1. When entering into the agreement, Waaier Elektrotechniek may require a deposit of up to 50% of the agreed amount.
2. The Customer must make any payment due after delivery within 14 days after delivery.
3. The payment terms applied by Waaier Elektrotechniek are strict deadlines. This means that if the Customer has not paid the agreed amount by the final day of the payment term, the Customer will automatically be in default without Waaier Elektrotechniek having to issue a reminder or notice of default.
4. Waaier Elektrotechniek may make delivery conditional upon immediate payment or require security for the full amount of the services or products.

Article 7 - Consequences of late payment

1. If the Customer does not pay within the agreed period, Waaier Elektrotechniek may charge the applicable statutory interest for non-commercial transactions or statutory commercial interest from the date on which the Customer is in default, whereby part of a month may be counted as a full month.
2. If the Customer is in default, the Customer must also pay extrajudicial collection costs and any damages owed to Waaier Elektrotechniek.
3. Collection costs will be calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.
4. If the Customer does not pay on time, Waaier Elektrotechniek may suspend its obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, all claims of Waaier Elektrotechniek against the Customer will become immediately due and payable.
6. If the Customer refuses to cooperate with the performance of the agreement by Waaier Elektrotechniek, the Customer will still be required to pay the agreed price.

Article 8 - Right of reclamation

1. If the Customer is in default, Waaier Elektrotechniek may exercise its statutory right of reclamation with respect to unpaid products delivered to the Customer.
2. Waaier Elektrotechniek exercises its right of reclamation by means of written or electronic notification to the Customer.
3. As soon as the Customer has been informed that the right of reclamation is being exercised, the Customer must immediately return the relevant products to Waaier Elektrotechniek, unless otherwise agreed in writing.
4. The Customer will bear the costs of recovering or returning the products referred to in paragraph 3.

Article 9 - Right of withdrawal

1. A Consumer may cancel an online purchase within 14 days after purchase without giving a reason. This right of withdrawal only applies where:

• the product has not been used
• the product is not liable to deteriorate rapidly, such as food or flowers
• the product has not been specially made or customised for the Consumer
• the product cannot be excluded from return for hygiene reasons, such as underwear or swimwear
• the seal remains intact in the case of data carriers containing digital content, such as DVDs or CDs
• the product or service does not concern accommodation, travel, restaurant services, transport, catering services or leisure activities
• the product is not an individual magazine or newspaper
• the service does not concern an urgent repair
• the purchase does not concern betting or lotteries
• the Consumer has not waived the right of withdrawal
• the service has not been fully performed during the withdrawal period with the Consumer’s consent and after the Consumer expressly waived the right of withdrawal

Other exclusions include:

• social services and healthcare
• gambling activities
• financial services
• package holidays
• passenger transport services
• real estate

2. The 14-day withdrawal period referred to in paragraph 1 begins:
   • on the day after the Consumer receives the final product or component of a single order
   • when the Consumer enters into an agreement for the provision of a service
   • when the Consumer confirms that digital content will be supplied via the internet
3. The Consumer may exercise the right of withdrawal by sending an email concerning the withdrawal to contact@waaierelektrotechniek.nl, optionally using the withdrawal form available on the Waaier Elektrotechniek website at https://waaierelektrotechniek.nl.
4. The Consumer must return the product to Waaier Elektrotechniek within 14 days after sending the email referred to in paragraph 3.
5. If the Consumer does not return the product within 14 days after notifying Waaier Elektrotechniek of the withdrawal, the right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs

1. If the Consumer has exercised the right of withdrawal in time and has returned the complete order to Waaier Elektrotechniek on time, Waaier Elektrotechniek will reimburse any shipping costs paid by the Consumer within 14 days after receiving the complete and timely returned order.
2. Delivery costs will only be borne by Waaier Elektrotechniek if the entire order is returned.

Article 11 - Return costs

1. If the Consumer exercises the right of withdrawal and returns the complete order on time, the Consumer will bear the costs of returning the order.

Article 12 - Return costs

1. If the Consumer exercises the right of withdrawal and returns the complete order on time, the Consumer will bear the costs of returning the order.

Article 13 - Right of suspension

1. Unless the Customer is a Consumer, the Customer waives the right to suspend performance of any obligation arising from this agreement.

Article 14 - Right of retention

1. Waaier Elektrotechniek may exercise its right of retention and retain products belonging to the Customer until the Customer has paid all outstanding invoices owed to Waaier Elektrotechniek, unless the Customer has provided sufficient security for those amounts.
2. The right of retention also applies to outstanding amounts arising from earlier agreements.
3. Waaier Elektrotechniek is not liable for any damage suffered by the Customer as a result of exercising the right of retention.

Article 15 - Set-off

1. Unless the Customer is a Consumer, the Customer waives the right to offset a debt owed to Waaier Elektrotechniek against a claim against Waaier Elektrotechniek.

Article 16 - Retention of title

1. Waaier Elektrotechniek remains the owner of all delivered products until the Customer has paid all outstanding invoices relating to the underlying agreement, including claims arising from failure to fulfil obligations.
2. Until that time, Waaier Elektrotechniek may exercise its retention of title and reclaim the goods.
3. Before ownership has transferred to the Customer, the Customer may not pledge, sell, transfer or otherwise encumber the products.
4. If Waaier Elektrotechniek exercises its retention of title, the agreement may be terminated and Waaier Elektrotechniek may claim damages, loss of profit and interest from the Customer.

Article 17 - Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Waaier Elektrotechniek unless otherwise agreed.
3. Products ordered online will be delivered to the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, Waaier Elektrotechniek may suspend its obligations until the Customer has paid.
5. In the event of late payment, the Customer will be in creditor’s default and cannot hold Waaier Elektrotechniek responsible for delayed delivery resulting from this.

Article 18 - Delivery time

1. Delivery times stated by Waaier Elektrotechniek are indicative. If delivery takes place later, the Customer cannot derive any rights from this unless otherwise agreed in writing.
2. The delivery period begins when the quotation signed for approval by the Customer has been confirmed to the Customer by Waaier Elektrotechniek in writing or electronically.
3. The Customer is not entitled to compensation and may not terminate the agreement if Waaier Elektrotechniek delivers later than agreed. The Customer may terminate the agreement if this has been agreed in writing or if Waaier Elektrotechniek is unable to deliver within 14 days after having received written notice to do so, or if the Customer and Waaier Elektrotechniek have agreed otherwise.

Article 19 - Actual delivery

1. The Customer must ensure that actual delivery of the ordered products can take place on time.

Article 20 - Transport costs

1. The Customer bears the transport costs unless the Customer and Waaier Elektrotechniek have agreed otherwise in writing.

Article 21 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a written note of this before accepting the product. If the Customer fails to do so, the Customer cannot hold Waaier Elektrotechniek liable for any resulting damage.
2. If the Customer arranges the transport of a product, the Customer must report any visible damage to the products or packaging to Waaier Elektrotechniek before transport. If the Customer fails to do so, the Customer cannot hold Waaier Elektrotechniek liable for such damage.

Article 22 - Insurance

1. The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion, water damage and theft:
   • delivered goods necessary for the performance of the underlying agreement
   • property belonging to Waaier Elektrotechniek that is present at the Customer’s premises
   • goods supplied subject to retention of title

2. At Waaier Elektrotechniek’s first request, the Customer must provide the relevant insurance policies for inspection.
3. The Customer must take out Contractors’ All Risks (CAR) insurance at their own expense unless otherwise agreed.
4. The Customer cannot claim compensation for damage that would otherwise have been covered by this insurance unless otherwise agreed.

Article 23 - Storage

1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss in quality will be entirely borne by the Customer.
2. Any additional costs resulting from early or delayed acceptance of products will be entirely borne by the Customer.

Article 24 - Assembly and/or installation

1. Although Waaier Elektrotechniek will make every effort to carry out all assembly and/or installation work as professionally as possible, it accepts no liability in this respect except in cases of intent or gross negligence.

Article 25 - Cancellation of assignment

1. The Customer may terminate the assignment given to Waaier Elektrotechniek at any time.
2. If the Customer cancels the assignment, the Customer is required to pay the fees due and any expenses incurred by Waaier Elektrotechniek.

Article 26 - Duty to complain

1. The Customer is required to report complaints concerning work performed by Waaier Elektrotechniek immediately and in writing. The complaint must include as detailed a description of the defect or shortcoming as possible so that Waaier Elektrotechniek can respond appropriately.
2. A complaint cannot result in Waaier Elektrotechniek being required to perform work other than the work originally agreed.

Article 27 - Warranty

1. If the Customer and Waaier Elektrotechniek have entered into an agreement for the provision of services, Waaier Elektrotechniek has an obligation to use its best efforts and not an obligation to achieve a specific result.
2. The warranty on products applies only to defects caused by faulty manufacture or construction or defective materials.
3. The warranty does not apply:
   - in the case of normal wear and tear
   - to damage caused by accidents
   - to damage caused by modifications made to the product
   - to damage resulting from negligence or improper use by the Customer
   - where the cause of the defect cannot be clearly established
4. The risk of loss, damage or theft of products supplied by Waaier Elektrotechniek passes to the Customer as soon as the products have legally or physically been delivered to the Customer, come under the Customer’s control, or come under the control of a third party receiving the product on behalf of the Customer.

Article 28 - Performance of the agreement

1. Waaier Elektrotechniek will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.
2. Waaier Elektrotechniek may have all or part of the agreed services performed by third parties.
3. Performance of the agreement will take place in consultation with the Customer, after written approval and payment of any required advance payment by the Customer.
4. The Customer must ensure that Waaier Elektrotechniek can commence performance of the agreement on time.
5. If the Customer fails to ensure that Waaier Elektrotechniek can start on time, any resulting additional costs will be borne by the Customer.

Article 29 - Information provided by the Customer

1. The Customer must provide Waaier Elektrotechniek in good time with all information, data and documents relevant to the proper performance of the agreement, in the requested form and manner.
2. The Customer guarantees the accuracy and completeness of all information, data and documents provided, including those originating from third parties, unless the nature of the agreement dictates otherwise.
3. At the Customer’s request, Waaier Elektrotechniek will return the relevant documents.
4. If the Customer fails to provide the information, data or documents reasonably requested by Waaier Elektrotechniek, or fails to provide them properly or on time, and this causes a delay in performance of the agreement, any resulting additional costs and additional working hours will be borne by the Customer.

Article 30 - Confidentiality

1. The Customer must keep confidential all information, in whatever form, received from Waaier Elektrotechniek.
2. The same applies to all other information concerning Waaier Elektrotechniek that the Customer knows or can reasonably suspect to be confidential, or which the Customer can reasonably expect would cause damage to Waaier Elektrotechniek if disclosed.
3. The Customer must take all necessary measures to ensure that the information referred to in paragraphs 1 and 2 remains confidential.
4. The confidentiality obligation described in this article does not apply to information:
   • that was already publicly available before the Customer became aware of it or subsequently became public without any breach of the Customer’s confidentiality obligation
   • that the Customer is required to disclose pursuant to a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years following its termination.

Article 31 - Penalty clause

1. If the Customer breaches the provisions concerning confidentiality or intellectual property, the Customer must pay Waaier Elektrotechniek an immediately payable penalty for each breach.
2. If the Customer is a Consumer, the penalty referred to in paragraph 1 is €1,000.
3. If the Customer is not a Consumer, the penalty referred to in paragraph 1 is €5,000.
4. In addition, the Customer must pay an amount equal to 5% of the applicable amount referred to in paragraph 2 or 3 for each day that the breach continues.
5. The Customer must pay the penalty referred to in paragraph 1 without any notice of default or court proceedings being required. No actual damage needs to have occurred.
6. In addition to the penalty referred to in paragraph 1, Waaier Elektrotechniek may also claim damages from the Customer.

Article 32 - Indemnification

1. The Customer indemnifies Waaier Elektrotechniek against all claims by third parties relating to products and/or services supplied by Waaier Elektrotechniek.

Article 33 - Complaints

1. The Customer must inspect a product supplied or service provided by Waaier Elektrotechniek for defects as soon as possible.
2. If a product supplied or service provided does not meet what the Customer could reasonably expect, the Customer must inform Waaier Elektrotechniek within 1 month after discovering the defect.
3. A Consumer must inform Waaier Elektrotechniek no later than 2 months after discovering the defect.
4. The Customer must provide as detailed a description of the defect as possible so that Waaier Elektrotechniek can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Waaier Elektrotechniek.
6. If a complaint concerns ongoing work, the Customer cannot require Waaier Elektrotechniek to perform work other than that which was agreed.

Article 34 - Notice of default

1. The Customer must issue any notice of default to Waaier Elektrotechniek in writing.
2. The Customer is responsible for ensuring that the notice of default actually reaches Waaier Elektrotechniek on time.

Article 35 - Customer liability

1. If Waaier Elektrotechniek enters into an agreement with several Customers, each Customer is jointly and severally liable for complying with the obligations under that agreement.

Article 36 - Liability of Waaier Elektrotechniek

1. Waaier Elektrotechniek is only liable for damage suffered by the Customer if such damage was caused by intent or deliberate recklessness.
2. If Waaier Elektrotechniek is liable for damage, its liability is limited to direct damage related to the performance of the underlying agreement.
3. Waaier Elektrotechniek is not liable for indirect damage, such as consequential loss, loss of profit or damage suffered by third parties.
4. If Waaier Elektrotechniek is liable, its liability is limited to the amount paid out under the applicable professional or business liability insurance. If no insurance has been taken out or no compensation is paid under the insurance, liability is limited to the portion of the invoice amount to which the liability relates.
5. All images, photographs, colours, drawings and descriptions on the website or in a catalogue are indicative only and cannot give rise to compensation, termination or suspension.

Article 37 - Limitation period

1. Any right of the Customer to claim damages from Waaier Elektrotechniek expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 38 - Termination

1. The Customer may terminate the agreement if Waaier Elektrotechniek is imputably in breach of its obligations, unless the breach does not justify termination due to its special nature or minor significance.
2. If Waaier Elektrotechniek is still able to fulfil its obligations, termination may only take place after Waaier Elektrotechniek has entered into default.
3. Waaier Elektrotechniek may terminate the agreement with the Customer if the Customer does not fully or timely fulfil their obligations under the agreement, or if Waaier Elektrotechniek becomes aware of circumstances giving it good reason to believe that the Customer will not fulfil those obligations.

Article 39 - Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a failure by Waaier Elektrotechniek to fulfil an obligation cannot be attributed to Waaier Elektrotechniek if the failure is the result of force majeure.
2. Force majeure as referred to in paragraph 1 includes, among other things:
   - an emergency situation such as civil war or a natural disaster
   - default or force majeure on the part of suppliers, delivery services or other third parties
   - power, electricity, internet, computer or telecommunications failures
   - computer viruses
   - strikes
   - government measures
   - transport problems
   - adverse weather conditions
   - work stoppages
3. If a force majeure event prevents Waaier Elektrotechniek from fulfilling one or more obligations towards the Customer, those obligations will be suspended until Waaier Elektrotechniek is able to fulfil them.
4. If a force majeure situation continues for at least 30 calendar days, both the Customer and Waaier Elektrotechniek may terminate all or part of the agreement in writing.
5. Waaier Elektrotechniek is not required to pay compensation to the Customer in the event of force majeure, even if Waaier Elektrotechniek derives any benefit from the force majeure event.

Article 40 - Amendment of the agreement

1. If it is necessary to amend an existing agreement in order to perform it properly, the Customer and Waaier Elektrotechniek may amend the agreement.

Article 41 - Amendment of the general terms and conditions

1. Waaier Elektrotechniek may amend these general terms and conditions.
2. Waaier Elektrotechniek may make amendments of minor importance at any time.
3. Waaier Elektrotechniek will, as far as possible, discuss substantial amendments with the Customer in advance.
4. A Consumer may terminate the underlying agreement in the event of a substantial amendment to the general terms and conditions.

Article 42 - Transfer of rights

1. The Customer may not transfer rights arising from an agreement with Waaier Elektrotechniek to third parties without the written consent of Waaier Elektrotechniek.

Article 43 - Consequences of invalidity or voidability

1. If one or more provisions of these general terms and conditions are found to be void or voidable, this will not affect the validity of the remaining provisions.
2. A provision that is void or voidable will be replaced by a provision that comes as close as possible to what Waaier Elektrotechniek intended when drafting these terms and conditions.

Article 44 - Applicable law and competent court

1. These general terms and conditions are governed by Dutch law.
2. The court in the district where Waaier Elektrotechniek has its registered office has exclusive jurisdiction to hear disputes between the Customer and Waaier Elektrotechniek, unless the law provides otherwise.

Drawn up on 01 January 2026.