General Terms and Conditions – Gooische Landscaping Company


Specializing in the construction and maintenance of green roofs, landscaping and garden maintenance

Version: 09-09-2023


1. Definitions

In these general terms and conditions the following terms are understood to mean:

  • Contractor: Gooische Landscaping Company, located at Nieuw-Loosdrechtsedijk 67 A, 1231 KN, Loosdrecht, registered with the Chamber of Commerce under number 88485765.
  • Client: the natural person or legal entity that enters into an agreement with the contractor.
  • Agreement: the agreement to provide services and/or products, including the construction and maintenance of green roofs, gardens and related activities.


2. Applicability

  • These general terms and conditions apply to all quotations, agreements and activities of the contractor.
  • Deviations from these conditions are only valid if agreed in writing.
  • The applicability of purchasing or other conditions of the client is expressly excluded.


3. Quotations and conclusion of agreement

  • All quotations from the contractor are without obligation, unless expressly stated otherwise.
  • An agreement is concluded as soon as the client has accepted the quotation (in writing or verbally), or as soon as the contractor has started carrying out the work with the client's consent.
  • Obvious errors or mistakes in a quotation do not bind the contractor.


4. Execution of the work

  • The Contractor will carry out the work to the best of his knowledge and ability, but cannot guarantee results with regard to natural products such as plants and vegetation.
  • The client is responsible for providing all necessary information, permits and access in a timely manner.
  • If unforeseen circumstances arise during execution (such as hidden defects, soil conditions, construction problems or pipes), the contractor is entitled to suspend the work and/or charge for additional work.


5. Delivery and execution times

  • The specified execution dates and deadlines are indicative only. Exceeding these dates does not entitle the client to compensation or termination.
  • Weather conditions or other unforeseen circumstances may affect the schedule. The Contractor is entitled to reschedule work without any liability.


6. Prices and payment

  • All prices are exclusive of VAT unless otherwise stated.
  • Payment must be made within 14 days of the invoice date, unless otherwise agreed in writing.
  • The Contractor is entitled to request a down payment before the work is scheduled.

Model payment schedule (unless otherwise agreed):

  1. 30% deposit upon order confirmation.
  2. 40% interim payment at the start of the work.
  3. 30% remaining payment upon delivery.
  • In the event of late payment, the client is immediately in default without notice of default. From that moment on, statutory commercial interest is due, as well as extrajudicial collection costs in accordance with the Debt Collection Costs Act (at least 15% of the principal amount with a minimum of €150).
  • The Contractor is entitled to suspend the performance of the Agreement as long as the Client has not fully met its payment obligations.


7. Warranty

  • A one-year warranty applies to installed green roofs and garden plants, provided that maintenance has been carried out fully and demonstrably in accordance with the contractor's guidelines.
  • Warranty will be void if:
  • the work has been modified or maintained by third parties without the written permission of the contractor;
  • the client has not followed the contractor's advice;
  • damage is caused by weather conditions, animals, pests, diseases or other external causes;
  • damage was caused by defects in the existing roof or garden structure.
  • No regrowth or life guarantee is given on natural products (such as plants, grass, trees).


8. Liability

  • The Contractor shall be solely liable for direct damage that is the direct result of a demonstrable and attributable shortcoming.
  • The contractor's liability is in all cases limited to the invoice amount of the relevant assignment (excluding VAT), with a maximum of the amount paid out by the liability insurer in the relevant case.
  • The Contractor shall never be liable for:
  • indirect damage, consequential damage or loss of profits;
  • damage caused by defective existing structures, cables, pipes, soil conditions or drainage;
  • the lack of desired growth or flowering of plants.


9. Retention of title

  • All materials, plants and plantings supplied by the contractor remain the property of the contractor until the client has fully fulfilled all obligations (including payments).
  • The Contractor is entitled to take back materials if payment is not made.


10. Force Majeure

  • Force majeure means all external causes that reasonably prevent performance and cannot be attributed to the contractor, including weather conditions, government measures, illness, material shortages, transport problems or disruptions at suppliers.
  • In the event of force majeure, the contractor may suspend or terminate the agreement without being liable for damages.


11. Complaints

  • Complaints about the execution of the work must be reported to the contractor in writing and with reasons within 5 days of delivery.
  • If this period is exceeded, any right to repair or compensation will lapse.
  • Filing a complaint does not suspend the client's payment obligation.


12. Applicable law and disputes

  • All agreements with the contractor are exclusively governed by Dutch law.
  • Disputes will initially be resolved through mutual agreement. If this fails, disputes will be submitted exclusively to the competent court in the district where the contractor is established.


📍 Landscaping company GooischeNieuw-Loosdrechtsedijk 67 A1231 KN, LoosdrechtChamber of Commerce: 88485765VAT number: [VAT number]🌐 Website: www.hoveniersbedrijfgooische.nl✉️ E-mail: info@hoveniersbedrijftgooische.nl📞 Phone: 31 6 46926949