General Terms and Conditions – Renofferte Advies B.V.

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Article 1 – Parties and Definitions

1. Renofferte.nl is the trading name of Renofferte Advies B.V., having its registered office in Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce under registration number 96741155.

2. Further details of Renofferte.nl: 
   Website: www.renofferte.nl
   Email: info@renofferte.nl
   Telephone: +31 (0)20 210 1979

3. Client: the natural person or legal entity who has instructed Renofferte or who is a (potential) purchaser of the services offered.

4. Services: all services offered by Renofferte, including but not limited to building inspections, foundation inspections, pre-purchase and pre-sale inspections, handover inspections, and consultancy relating to renovations and construction projects.

5. Report: the written report provided to the Client following an inspection.

 

Article 2 – Applicability

1. These General Terms and Conditions apply to and form an integral part of all quotations, offers, assignments, agreements, and all other legal relationships between Renofferte and the Client.

2. Any deviations from these Terms and Conditions shall only be valid if expressly agreed upon in writing by both parties.

3. The Client's general purchasing or other terms and conditions are expressly rejected.

4. Third parties engaged by Renofferte in the performance of the agreement may also invoke these General Terms and Conditions.

5. Should one or more provisions of these Terms and Conditions be declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such event, the parties shall consult with each other to agree upon replacement provisions that reflect as closely as possible the purpose and intent of the invalid or unenforceable provision.

 

Article 3 – Offers and Agreement

1. All offers made by Renofferte are non-binding and may be withdrawn unless explicitly stated otherwise in writing. Quotations remain valid for 30 days.

2. The agreement shall be concluded upon the Client's written or electronic acceptance of the quotation or once Renofferte has commenced the performance of the Services.

3. Renofferte reserves the right to refuse any assignment without stating reasons.

4. Obvious clerical errors or mistakes in quotations or offers shall not be binding upon Renofferte.

5. All dimensions, quantities, weights, illustrations, and specifications are indicative only. Minor deviations shall not entitle the Client to terminate the agreement or claim compensation.

6. Any documents, drawings, calculations, designs, or other materials produced by Renofferte shall remain the intellectual property of Renofferte and may not be copied, reproduced, or provided to third parties without prior written permission.

 

Article 4a – Performance of the Services

1. Renofferte shall perform its Services with due care, skill, and professional competence in accordance with generally accepted professional standards.

2. Unless otherwise agreed in writing, inspections are carried out as visual, non-destructive inspections. No building components will be dismantled, opened, or damaged during the inspection. Hidden defects or defects that can only be identified through specialist or invasive investigations fall outside the scope of the inspection.

3. Every inspection and report represents the condition of the property at the time of inspection only.

4. Renofferte may engage third parties in the performance of the agreement. The applicability of Section 7:404 of the Dutch Civil Code is expressly excluded.

5. Unless otherwise agreed in writing, the selection of materials, methods, and working procedures shall be at the sole discretion of Renofferte.

6. Renofferte is CETIGO-certified as an Integral Housing Inspector (IWI) and as a Foundation Inspector – Phase 0.

7. Renofferte is not a party to any agreements entered into between the Client and third parties (including contractors, suppliers, or service providers) arising from the Services provided. The Client remains solely responsible for such agreements and shall indemnify Renofferte against any claims by third parties arising therefrom.

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Article 4b – Advisory, Project Management and Coordination Services

1. Where Renofferte provides advisory, project management, coordination, or consultancy services in addition to or instead of inspection services (including, but not limited to, construction supervision, assessment of plans and quotations, project scheduling reviews, communication with third parties, and support during construction or renovation works), the provisions of this Article shall apply in addition to the other provisions of these General Terms and Conditions.

2. The advisory and project management services provided by Renofferte constitute a best-efforts obligation (obligation of means) rather than an obligation to achieve a specific result. Renofferte does not guarantee the achievement of any particular outcome and shall not be responsible for the decisions, actions, or performance of third parties, including contractors, architects, suppliers, consultants, or public authorities.

3. Unless expressly agreed otherwise in writing, Renofferte shall not act as the executing contractor, principal contractor, construction manager in the legal sense, or statutory supervisor under applicable public law.

4. Any assessment of quotations, plans, schedules, or construction work constitutes a professional technical review based on the information available at the time of assessment and is limited to the principal construction-related aspects. Renofferte shall not be liable for calculation errors, execution errors, design flaws, or other deficiencies attributable to third parties.

5. Where Renofferte communicates with third parties on behalf of the Client (including neighbouring property owners, contractors, consultants, or other stakeholders), such communication shall be made solely in its capacity as the Client's representative and without authority to make binding decisions, unless otherwise agreed in writing. No independent rights may be derived from such communications.

6. Any pre-construction surveys, condition reports, photographic records, or inspections of neighbouring properties are carried out solely for the purpose of objectively recording the condition of the property at a specific moment in time and shall not constitute any admission or acknowledgement of liability for existing or future damage.

7. Renofferte shall not be liable for any damage arising from the Client's failure to follow its advice correctly or from decisions made by the Client or third parties, including any modifications made during the execution of the works.

8. Where Renofferte advises the Client regarding construction-related insurance policies (including, but not limited to, a Construction All Risks (CAR) Insurance policy), such advice shall be non-binding. The responsibility for obtaining appropriate insurance coverage, as well as the scope, terms, and conditions of any insurance policy, shall remain entirely with the Client.

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Article 5 – Reports

1. Upon completion of the inspection, the Client shall receive a written report containing the findings of the inspection.

2. The report is intended solely for the Client's use and may not be disclosed, distributed, or provided to any third party without the prior written consent of Renofferte.

3. All reports shall remain the property of Renofferte until the Client has fulfilled all payment obligations in full.

4. The Client is not permitted to reproduce, publish, distribute, or provide the report to third parties without Renofferte's prior written permission.

 

Article 6 – Client Obligations

1. The Client shall provide Renofferte with timely access to the property and shall supply all information, documentation, and assistance reasonably required for the proper performance of the Services.

2. Should the Client fail to fulfil these obligations, Renofferte shall be entitled to suspend the performance of the Services and charge any additional costs incurred as a result.

3. The Client shall bear the risk for any damage arising from:
   a. Incorrect or incomplete information provided by the Client or instructions given by the Client;
   b. Defects in the property where the Services are performed;
   c. Defects in materials, equipment, or tools supplied by the Client.

4. The Client is responsible for complying with all applicable permits, statutory requirements, regulations, and safety provisions.

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Article 7 – Fees and Payment

1. All prices are stated in euros (€) and are exclusive of VAT and any other applicable taxes or levies, unless expressly stated otherwise.

2. Invoices must be paid within 14 days of the invoice date using the payment method specified by Renofferte.

3. The Client may not suspend payment or set off any amounts due without Renofferte's prior written consent.

4. If payment is not received within the agreed payment term, the Client shall automatically be in default without further notice of default being required. Renofferte shall be entitled to charge statutory commercial interest as well as all reasonable extrajudicial collection costs. Such collection costs shall amount to a minimum of €40 and 15% of the outstanding principal amount, without prejudice to Renofferte's right to claim the actual costs incurred where permitted by law.

5. Reports, intellectual property rights, and all other deliverables shall remain the property of Renofferte until full payment has been received.

 

Article 8 – Cancellation and Term

1. The Client may cancel an appointment free of charge up to 24 hours before the scheduled inspection. In the event of cancellation within 24 hours prior to the appointment, a cancellation fee of €250 excluding VAT shall be payable.

2. Continuing agreements shall remain in force for the period agreed between the parties or, where no specific term has been agreed, for a period of one year. Such agreements shall automatically renew for successive periods of equal duration unless terminated.

3. The Client may terminate a continuing agreement only at the end of the agreed term by observing a notice period equal to 25% of the contract term, rounded up to full calendar months.

4. Renofferte may terminate any agreement at any time with immediate effect without being liable for compensation.

5. In the event of the Client's bankruptcy, suspension of payments, insolvency proceedings, or attachment of the Client's assets, Renofferte shall be entitled to terminate the agreement with immediate effect.

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Article 9 – Liability

1. Renofferte shall only be liable for direct damage resulting directly from an attributable failure in the performance of its obligations.

2. Renofferte's liability shall be limited to the amount paid out under its professional liability insurance, with a maximum of €50,000 per event. If, for any reason, no insurance payment is made, Renofferte's liability shall be limited to the invoice amount relating to the relevant assignment, increased by 15%.

3. Renofferte shall not be liable for indirect or consequential damages, including but not limited to loss of profits, business interruption, delay damages, or damages resulting from the use of the report by third parties.

4. The existence of any defect or complaint shall not suspend the Client's payment obligations.

5. Any claim against Renofferte shall expire one (1) year after completion of the Services.

6. The Client shall indemnify and hold Renofferte harmless against any claims made by third parties arising out of or relating to the performance of the Services.

 

Article 10 – Specific Exclusions

Unless expressly agreed otherwise in writing, the standard inspection does not include:

• Inspection for asbestos or asbestos-containing materials.

• Foundation investigations or assessments of foundation load-bearing capacity.

• Inspection of technical installations, including electrical, gas, water, heating, ventilation, or plumbing systems.

• Soil investigations or environmental contamination assessments.

• Inspection for pests, vermin, mould, or fungal infestations.

• Measurements relating to insulation performance, noise levels, or humidity.

• Assessment of legal matters, including zoning plans, easements, permits, or other legal restrictions affecting the property.

 

Article 11 – Complaints Procedure

1. Any complaints regarding the performance of the Services must be submitted to Renofferte in writing within 14 daysafter the defect or issue has been discovered.

2. If a complaint is found to be justified, Renofferte shall, at its own discretion, either remedy the deficiency by performing the Services properly or take other reasonable corrective measures, unless such performance has demonstrably become impossible or no longer serves any practical purpose.

3. Any right to bring a claim shall lapse no later than one (1) year after the date on which the Client became aware, or could reasonably have become aware, of the facts giving rise to the complaint.

 

Article 12 – Force Majeure

1. Force majeure shall mean any circumstance beyond Renofferte's reasonable control that wholly or partially prevents the performance of its contractual obligations. This includes, but is not limited to, strikes, illness, pandemics, fire, power failures, transport disruptions, government measures, natural disasters, or any other unforeseen circumstances.

2. During a force majeure event, Renofferte's obligations shall be suspended.

3. If performance becomes impossible for a continuous period exceeding one month, Renofferte shall be entitled to terminate the agreement without any obligation to pay damages or compensation.

 

Article 13 – Governing Law and Jurisdiction

1. All legal relationships between Renofferte and the Client shall be governed exclusively by the laws of the Netherlands.

2. Any disputes arising out of or relating to the agreement or these General Terms and Conditions shall be submitted exclusively to the competent court in the judicial district where Renofferte has its registered office.

 

©These General Terms and Conditions have been drafted by Renofferte Advies B.V.

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