1. Order: cleaning vehicles, in the broadest sense of the word, both outside and inside. The Order is carried out at the location indicated by the Client. The Order may be given in person, by telephone, by text message or WhatsApp message, via the Contractor's website, or via the App designated for that purpose, or in any other manner.
2. Contractor: The Butler Cleaning Solutions.
3. Client: the natural person who or the legal entity that has requested the Contractor to execute the Order; the Client may be a private customer as well as a business customer.
4. Employee / Personnel: all natural persons deployed byProvider in the execution of Work on behalf of Client.
5. Work / Services: all Work or Services to be performed by the Contractor on behalf of the Client which the Order relates to and the performance of which the Client is deemed to have agreed with as soon as the Order has been issued by the Client to the Contractor, whereby these general terms and conditions are also deemed to have been accepted. In the event of an offer made by the Contractor, the Order will be deemed to have been issued upon its acceptance by the Client and confirmation by the Contractor.
6. These general terms and conditions have been provided to the Client and can also be obtained from the Contractor at the Contractor's first request or can be viewed on the Contractor's website and App.
1. These general terms and conditions apply to all services to be provided by the Contractor to the Client, as well as to all offers, quotations, Orders, legal relationships and agreements of any name, in which the Contractor undertakes/will undertake to perform Work for the Client.
2. Deviations from, and additions to, these general terms and conditions shall only be effective if they have been expressly agreed in writing.
3. If any of the conditions in these general terms and conditions and in the Order conflict with each other, the condition contained in the Order shall apply as far as the conflict is concerned.
4. The applicability of general terms and conditions invoked by the Client is expressly rejected, unless these have been accepted in writing by the Contractor, in which case the applicability shall at all times be limited to the agreement in question.
5. If an Order contains deviating arrangements, these General Terms and Conditions shall continue to apply with regard to the remaining provisions.
6. If one or more provisions of these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions shall remain fully effective. The Contractor and the Client will then enter into consultation in order to agree on new provisions to replace the void or nullified provisions, whereby, if and to the extent possible, the purpose and purport of the original provision will be observed.
1. All offers made by the Contractor are free of obligation and valid for one month, unless explicitly stated otherwise.
2. The Order is based on information provided by the Client. The Client is responsible for the correctness and completeness of all information relevant to the organisation and execution of the Order.
3. The prices stated in the Order are only related to the Work explicitly described in the Order and are exclusive of turnover tax and/or other government levies, unless stated otherwise.
4. An Agreement will only be concluded by written confirmation of the quotation by the Client.
1. The Client shall be bound by the Order given by or on behalf of the Client and, in the event of cancellation or amendment, shall be obliged to compensate the Contractor for any loss or damage suffered by the Contractor as a result, including costs incurred, loss of profit, loss of interest, and so on.
2. The Contractor undertakes to perform all work to be carried out for the Client to the best of its ability, but accepts no liability for the result, unless and to the extent that it has guaranteed the result in writing.
3. In the performance of the Work, the Contractor shall comply with the applicable government regulations and rules.
4. The Client undertakes to give the Contractor the opportunity to perform the Work under conditions that meet the statutory safety requirements and other government regulations.
5. The Client undertakes to ensure that the location designated by the Client for the execution of the Order by the Client is a location suitable in all respects for the execution.
6. The Client must ensure that no valuables and/or other important items are present in the vehicle in question during the execution of the Order. The Contractor shall never be liable for damage, in any form whatsoever, with respect to - allegedly - missing items from the vehicle after the execution of the Order.
7. Prior to the execution of the Order, the Contractor will check the vehicle for any damage on the basis of an inspection form and, in the event of apparent damage, take photographs, copies of which will be sent to the Client by e-mail. All visible scratches and defects of the vehicle will be noted by the Client. The Contractor shall moreover check that the vehicle is suitable for the execution of the Order and shall refuse to execute the Order in the event of unsuitability of the vehicle.
8. The Client undertakes to have and keep the vehicle in question available for the execution of the Order at the agreed time and at the agreed location. The Contractor shall endeavour to be at the agreed location in good time, whereby a reasonable period of time may be exceeded. In the event of a deviation of more than fifteen minutes, the Contractor will inform the Client in good time. If, due to (traffic) circumstances, execution of the Order is no longer possible at the agreed time and on that day, it will be determined in mutual consultation whether the Order will be cancelled or will still be executed as soon as possible. In the event that the Order is cancelled, any amounts paid in advance by the Client will be refunded by the Contractor.
9. The Contractor shall only be liable for damage caused by incorrect or defective performance of the Order by the Client.
10. Any damage that may have occurred during the execution of the Order will be reported by the Contractor to the Client immediately. The Client must report any damage that was not discovered during the follow-up inspection and for which the Client considers the Contractor to be liable to the Contractor, within a period of five days. Damage reports and/or complaints received after this period will not be dealt with by the Contractor.
11. The Contractor does not accept any liability in respect of - alleged - damage for which repairs have been carried out by a third party without prior consultation and explicit approval of the Contractor.
12. The expected result after the execution of the Order is based on a normally soiled car. Removal of special soil, such as tar, paint, rubber stripes, discoloured paint(e.g. corrosion by bird droppings), can consequently not be classified under the normally expected result.
13. The Contractor shall not be liable for loss or damage, of any nature, resulting from incorrect and/or incomplete information provided by the Client, unless the Contractor should have been aware of such incorrectness and/or incompleteness.
14. The Client indemnifies the Contractor against all costs, claims, expenses and liabilities directly arising from or with respect to negligence or any culpable act on the part of the Client regarding the Order.
1. Force majeure shall be understood to mean any circumstance that forms an impediment to the performance of the Order and which is not attributable to the Contractor. Force majeure shall, if and insofar asthese circumstances make the execution impossible or unreasonably difficult, also include (civil) war, threat of war, revolution, insurrection, mobilisation, prohibition of exports and imports, strikes and lockouts, fire and other malfunctions in/on the location where the Work is to be performed, transport impediments, missing materials that were ordered on time, flooding, storm, whirlwind, frost, ice, snowfall, fog, hail, rain, traffic disruptions, disruptions in the supply of electricity, government measures and in general all circumstances, events, causes and consequences beyond the Contractor's control.
2. Without prejudice to any other rights the Contractor is entitled to, the Contractor shall be entitled to suspend the execution of the Order for the duration of the force majeure situation, with a maximum of six months, if he is prevented from executing the Order on time due to force majeure, without being obliged to pay any compensation in any other way. If the period in which fulfilment of the obligations of the Contractor is not possible due to force majeure lasts longer than six months, either party shall be entitled to dissolve the Agreement without any obligation to pay damages.
3. The Contractor shall also be entitled to invoke force majeure if the circumstance preventing (further) performance occurs after the Contractor should have performed its obligation.
4. If the Contractor has already fulfilled part of its obligations when the force-majeure situation occurs, or is only able to fulfil part of its obligations, it will be entitled to invoice the part already delivered or to be delivered separately and the Client is obliged to pay this invoice as if it were a separate agreement.
1. The Contractor shall only be liable for direct loss suffered by the Client which is the direct and immediate consequence of a shortcoming attributable to The Contractor, on the understanding that only loss covered by the insurance taken out by the Contractor shall be eligible for compensation. The Contractor shall never be liable for damage resulting from an event directly or indirectly related to terrorism or malicious contamination.
2. Without prejudice to the foregoing, the Contractor shall never be liable for any loss or damage exceeding the amount invoiced by the Contractor to the Client on the relevant Order.
3. Direct damage exclusively means: - the reasonable costs of determining the cause and extent of the damage, to the extent that the determination relates to damage within the meaning of these terms and conditions; - any reasonable costs incurred to ensure that the defective performance of the Contractor complies with the Order, unless such defective performance cannot be attributed to the Contractor; - reasonable costs incurred to prevent or limit damage, in so far as the Customer demonstrates that these costs have resulted in the limitation of direct damage as referred to in these general terms and conditions.
4. The Contractor shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to interruption in business operations.
5. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the Contractor or its managing subordinates.
1. In the event that the Client fails to fulfil any obligation in respect of the Contractor, fails to fulfil an obligation properly or on time, enters into a debt-settlement agreement with its creditors, applies for a moratorium, is declared bankrupt, ceases or alienates its business, in the event of his death or in the event that it is a company that is being dissolved, placed under restraint or administration, its moveable or immoveable property is attached or expropriated, requisitioned, destroyed or seriously damaged, the Client legally or effectively relocates his place of residence abroad or after entering into the Order, the Contractor becomes aware of other circumstances that give him good reason to fear that the Client will not meet its obligations, the Client shall be deemed to be in default by operation of law and the Contractor shall have the power to suspend the further execution of the Order without any notice of default or judicial intervention or to dissolve the Order in whole orin part, without prejudice to the Contractor's right to claim damages.
2. In the event that the Contractor dissolves the Order, the Client or its legal successor shall be obliged to pay the Contractor the full amount agreed upon for the execution of the Work, less the cost price of the materials and wages not used and not spent by the Contractor as a result of the non or incomplete execution of the Order, all of this in accordance with the Contractor's calculation, which shall be binding on the Client.
3. In the event of an attributable breach, any claim the Contractor has or will have against the Client will become immediately due and payable.
1. Unless expressly agreed otherwise, payments must be made within the period stated on the invoice and by transferring the amount due to the account number provided by the Contractor or in any other manner indicated by the Contractor and must be made without any discount or offsetting any amounts. Objections to the amount of the invoices do not suspend the payment obligation.
2. After expiry of the term referred to in paragraph 1, the Client shall be in default; from the due date, regardless of his payment obligation, he shall owe compensation for interest on the amount due and payable in the amount of the statutory interest increased by 2%, which compensation shall be due without notice of default.
3. In the event of liquidation, bankruptcy or suspension of payment on the part of the Client, the Client's obligations will be immediately due and payable.
4. If theClient is in default of payment, the Contractor shall be entitled to terminate or suspend the Order or activities immediately, without prior notice.
5. Payments made by the Client shall always be applied in the first place to settle all interest and costs owed and in the second place to invoices that have been outstanding for the longest time, even if the Client states that the payment is related to a later invoice.
If the Client is in default with regard to the fulfilment of one or more of its obligations, all reasonable costs for obtaining payment, both judicial and extrajudicial, will be for its account. In any case, the Client shall owe extrajudicial costs calculated at a minimum of 15% of the invoice amount with a minimum of € 250. If the Contractor demonstrates that it has incurred higher costs which were reasonably necessary, these will also qualify for reimbursement. The Client shall owe interest on the collection costs incurred.
Both parties are obliged to maintain the confidentiality of all confidential information, both the information exchanged in this way and the information obtained during the execution of the work. Information is deemed to be confidential if it has been shared by one of the parties or if it results from the nature of the information. This includes information relating to the business of the parties as well as information relating to a third party and about which information was obtained in the course of the performance of the work.
The Contractor respects the Client's privacy and ensures that confidentiality will be observed with regard to all supplied personal information. The Contractor will store the Client's personal details, to which the Privacy Statement applies.
Contrary to the statutory rules for the competence of the civil court, any dispute between the Client and the Contractor shall, in the event that the Court has jurisdiction, be settled by the District Court in The Hague. However, the Contractor will still be entitled to summon the Client to appear before the competent court according to the law.
All agreements between the Contractor and the Client are governed by Dutch law.