General conditions

2.1 These Terms and Conditions shall apply to and form part of: all quotations and offers of Van Beem and all Contracts concluded between the Parties.

2.2 Changes, additions and/or deviations from (parts of) these Conditions are only binding if expressly agreed in writing between the Parties.

3.1 Van Beem will make an offer based on information provided by the Consumer.

3.2 The quotation shall state the Pricing Method, on Contract Sum or Direction Basis.

3.3 The offer made in the quotation is irrevocable for 14 days from the quotation date, unless otherwise stated in the quotation; the price stated in the quotation for Products requiring measurement is not final until after measurement.

3.4 Obvious errors or mistakes in prospectuses, leaflets and/or publications, images, drawings and data mentioned are not binding on Van Beem.

3.5 If Van Beem issues an amended quotation, this shall be considered a new offer.

4.1 The Contract is concluded after the Consumer has accepted the quotation (orally or in writing), Van Beem has taken measurements on site and has confirmed the final order with an invoice for the down payment to the Consumer, and the Consumer has returned the order confirmation signed for approval to Van Beem and/or has paid the down payment.

4.2 Van Beem shall be entitled to invoice 50% of the Purchase Price upon final confirmation of the order, and in the event of Work on a Direct Line basis, 50% of (indicative time spent x Hourly Rate) plus 50% of the price of Products and/or Materials to be delivered. The Consumer must pay the invoice for the down payment. Payment of the invoice for the down payment is also considered as agreement with the order confirmation.

4.3 Van Beem shall not be bound by verbal agreements or promises made by employees or third parties it engages, unless they have been confirmed by Van Beem in writing.

5.1 The Consumer informs Van Beem of all wishes regarding Products to be delivered before an offer is made, and the Consumer provides and vouches for all relevant information required for that purpose and for the performance of Work.

5.2 The Consumer notifies Van Beem whether Products or Work are to be delivered or performed more than 25 meters from the home, garden or place of delivery; and whether the place where Work is to be performed may be contaminated or polluted (asbestos, oil, etc.) and whether or not this must be removed prior to the Work.

5.3 The Consumer reports, in the event of and in connection with any excavation Work, all information known to him or her concerning the presence of cables and pipes. Van Beem is obliged to inform itself about this before the start of the (excavation) Work.

5.4 The Consumer itself must have the necessary permits and exemptions in good time before Van Beem commences performance of the Agreement.

5.5 For optimal connection of Products to be delivered by van Beem, and to enable the performance of Work by van Beem, the Consumer must ensure: a) a properly functioning power supply (splash-proof and equipped with rim earth), cabling, electricity, installations and sewage; b) installation and/or inspection by a recognized installer and/or plumber.

5.6 The Consumer shall ensure that the garden and/or place where Van Beem will perform Work is empty, flat and free of obstacles (such as tree stumps, debris, foundation remnants).

6.1 All amounts and prices, mentioned in offers and agreements, are in euros and include VAT.

6.2 Price increases of cost-determining factors occurring within 3 months after the conclusion of the Agreement and still prior to storage or delivery will not be passed on.

6.3 However, Van Beem may pass on to the Consumer any price increases that occur after three months after the conclusion of the Contract and before delivery. The Consumer is then entitled to dissolve the Agreement within 8 days of the price increase being announced. This does not entitle either party to compensation and does not affect the fact that invoices for Work already performed or Goods already delivered must be paid.

6.4 The provisions of 6.3 do not apply to price changes arising from the law.

6.5 Price changes resulting from changes in the Contract at the request of the Consumer shall be considered additional or less work. Extra work and less work shall be recorded in writing and invoiced after execution of extra work and credited in case of less work.

7.1 If Products or Work have to be delivered or performed more than 25 meters from the home, garden or place of delivery, Van Beem will charge for this, as well as for the removal of contaminated or polluted waste. If the Consumer gives advance notice, the costs will be stated in the quotation. If the Consumer has not reported the provisions of 5.2, the costs will be charged to the Consumer as additional work.

7.2 The cost of a design made by Van Beem at the Consumer's request will be charged to the Consumer, regardless of whether an Agreement has been concluded.

7.3 If the Consumer cancels the Contract up to fourteen days before the agreed commencement of Work or delivery of Products for whatever reason, the Consumer will be charged 50% of the Purchase Price and, in the case of a Construction Basis, 50% of the price of Products/Materials. In the event of cancellation within fourteen days before commencement or delivery, 75% of the Tender price and, in the event of a Line basis, 50% of (the indicative time spent x Hourly rate) plus 50% of the price of Products and/or Materials to be delivered. Van Beem will offset this against the deposit made by the Consumer and credit/invoice the Consumer for the remainder.

7.4 All costs arising from the non-payment or late payment of invoices, including costs involved in the collection of the claim(s) if the Consumer fails to pay within eight days after a reminder to do so, shall be borne by the Consumer.

8.1 Products have been delivered at the time Van Beem puts them into the Consumer's possession. Upon delivery, the risk of the Products passes to the Consumer. Van Beem retains title to Products delivered until the invoice has been paid in full.

8.2 The Consumer must check the Products for damage. If Products are damaged, the Consumer shall report this to Van Beem immediately upon or as soon as possible after delivery. Van Beem then has the option of replacing the damaged item or offering compensation.

8.3 Returns are only possible for Products that are not custom-made (such as e.g. garden furniture and articles) within fourteen days of delivery. This expressly does not apply to Products that have been measured (such as e.g. canopies, verandas, Sunscreen, etc.) or ordered by Van Beem from third parties specifically for the Consumer. Transport costs of the Products to be returned are at the expense of the Consumer, these will be offset against the deposit made by the Consumer. Van Beem will credit/invoice the Consumer for the balance.

8.4 Completion of Work means the actual delivery to the Consumer after the Work has been fully performed. Work is deemed to have been completed after Van Beem has confirmed in writing to the Consumer that the Work has been completed; after the Parties have jointly signed a completion form; or after the Consumer puts the result of the Work or part thereof into use. By taking a part into use, that part of the Work will be considered completed.

8.5 Finished and delivered Products may be subject to third party conditions and warranties.

8.6 Van Beem will leave the place where the Work has been performed swept clean and will take care of the removal and disposal of packaging materials and waste released during Work.

8.7 The delivery of Products, commencement or performance of Work may be changed by Van Beem at any time (e.g. due to turbulent weather conditions, delays by suppliers or subcontractors, unforeseen circumstances). Van Beem may have the performance of Work and delivery of Products performed by third parties at any time.

9.1 Products or Materials used for Work are in accordance with the Agreement also in the case of:
- Color differences: a) of aluminum profiles if this is not visible from a distance of 5 meters; b) caused by wear and tear, e.g. on moving parts; c) in parts of the same type of Material (e.g. wooden planks, ceramic or concrete tiles);
- Shrinking or expansion, whether or not under the influence of weather conditions or accompanied by noise; this includes the collapse of joints between tiles;
- Working or discoloration of, and cracks and/or holes in, natural materials such as wood or marble;
- Condensation: a) on non-insulated materials, such as glazing or facades; b) in polycarbonate roof panels;
- Kink creases, pinstripes, waffle or herringbone patterns in (near hems and seams of) or on awning fabrics; this includes not hanging tightly Sunscreen;
- Scratches: a) on delivered Products that can be touched up; b) on glass if not visible from a distance of 3 meters;
- Different non-matching electronic control systems and/or remote controls for different Products, on one project or for one Product.

9.2 The roof structures supplied by the Van Beem (of canopies, verandas, gazebos) are not suitable for walking on, unless expressly stated by Van Beem that this can be done.

10.1 Payments of invoiced amounts must be made in full, without offset or discount, in Euro, within fourteen days of the invoice date, to Van Beem's account.

10.2 If a different deadline is agreed upon in writing or if partial payments are agreed upon, those payments must be made no later than the agreed date(s).

10.3 The Consumer who has not paid within the period mentioned in 10.1 or on the dates agreed upon in 10.2 shall be in default by operation of law. Van Beem is entitled to charge statutory interest from the due date and to suspend any Work still to be performed.

Unless the Parties have expressly agreed otherwise in writing: Van Beem retains the intellectual property rights to designs, images, drawings and sketches made by Van Beem, and Van Beem shall be free to re-use them.

12.1 Van Beem guarantees:
- quality of the Products and Work delivered, in accordance with the Agreement;
- quality of live Products unless there are exceptional weather and/or terrain conditions, insufficient maintenance by the Consumer or Force Majeure.

12.2 Van Beem provides the following warranty:
- 01 years: on bearing surfaces/bases in Products delivered by Van Beem, except if installed at/on/against recently built real estate, unless founded by piling screws to sand bank; on moving parts of delivered Products; on sealants applied by Van Beem;
- 02 years: on lighting; on rotating parts such as motor Sunscreen, wheels, tracfix; on wooden parts, provided the woodwork has been properly maintained;
- 10 years: on aluminum profiles, with the exception of polycarbonate roof panels and flaking or discolored (powder) coatings due to weathering (UV / moisture).

12.3 The Consumer must report defects to Van Beem in writing as soon as possible, but no later than 30 days after the defect is discovered. Van Beem will then have the option to remedy the defect, replace Products or offer compensation.

13.1 Van Beem is not liable for (damage as a result of) defects occurring after delivery of the Products or completion of the Work as a result of: inexpert use; lack of maintenance; failure to comply or comply correctly with operating or maintenance instructions; normal wear and tear; and/or changes made by the Consumer or third parties.

13.2 Van Beem is not liable for any damage occurring or caused by
- attachment or coupling of Products or Materials to constructions, installations or materials of the Consumer which are (or appear to be) unsuitable for that purpose, unless communicated in advance by the Consumer and/or Van Beem was able to determine that and the Consumer has not advised accordingly, e.g. foundations, electricity, sewerage, facades (plastering);
- subsidence, due to insufficient / not by Van Beem installed foundations;
- treading by the Consumer or third parties of roof structures supplied by Van Beem;
- defects in the Consumer's electrical installations and/or short circuits as a result, see 5.5;
- leakages, see 5.5;
- broken glass/tiles/outdoor lighting/material whose condition is unknown to Van Beem;
- leaving (pergola) awnings off/not (timely) catching in wind force 5 or higher;
- delay in the delivery of Products, commencement and/or performance of Work;
- failure by the Consumer to obtain the permit(s) or exemptions required for the performance of the Work or the Agreement, or to do so in a timely manner;
- excavation work, resulting in damage to underground works and structures that have not been reported by the Consumer and were not perceptible to Van Beem;
- incomplete or incorrect information provided by or on behalf of the Consumer;
- taking (part of) the Work into use before completion;
- suspension of Work by Van Beem as a result of weather/ground conditions.

13.3 Van Beem shall only be liable to the Consumer if the damage to movable or immovable property or persons is attributable to Van Beem, exceeds Van Beem's own risk and to the extent and up to the amount reimbursed by Van Beem's insurance.

14.1 A complaint about the performance of the Agreement must be submitted in writing to Van Beem within two months of its completion or delivery.

14.2 A complaint does not suspend the Consumer's payment obligation, unless Van Beem considers the complaint well-founded and/or agrees to suspension in writing.

14.3 Van Beem shall investigate the complaint itself or have it investigated by an independent third party, within four weeks of submission. The Consumer shall cooperate with the investigation.

15.1 Force majeure includes all that over which Van Beem has no control and as a result of which Van Beem is unable (-timely or -properly) to perform the Agreement, including: strikes, illness of/ shortage of personnel, traffic congestion, accidents, power, computer, internet or telecom failures, theft, government measures, bad weather conditions, lack of raw materials, late deliveries to Van Beem by third parties, etc.

15.2 If Van Beem is unable to perform any obligation under the Agreement, or is unable to perform it on time or properly, as a result of Force Majeure, that obligation will be suspended, with notification of this to the Consumer, until such time as Van Beem is still able to perform.

15.3 Van Beem shall be entitled to invoice the Work performed or Products/Materials delivered up to the occurrence of the Force Majeure and the Consumer shall be obliged to pay them.

16.1 Both Parties are entitled to rescind the Agreement :
- if the period of suspension due to Force Majeure exceeds 90 days; No obligation to pay damages arises for either Party as a result;
- if a Party imputably fails to comply with an essential obligation under the Agreement and the other Party is in default in this respect;
- if a Party applies for a suspension of payments, the bankruptcy of a Party is declared, is admitted to a debt rescheduling arrangement under the Natural Persons Debt Rescheduling Act; if a receiver, administrator or liquidator is appointed.

16.2 Upon termination pursuant to this clause, Van Beem's invoices for Work already performed and Products already delivered shall be immediately due and payable in full.

17.1 The legal relationship between the Parties shall be governed by Dutch law.

17.2 In the event of a dispute between the Parties that cannot be resolved by mutual agreement, it shall be submitted to the competent court.