Calamiteitenbeheer.com

Legal

Terms and Conditions of Calamiteiten Beheer BV

Last updated: 15 October 2026

General

  1. All our offers, agreements and their performance are governed exclusively by these terms. Deviations must be expressly agreed in writing with us.
  2. "The other party" in these terms means: any (legal) person who has entered into, or wishes to enter into, an agreement with our company, as well as their representative(s), authorised agent(s), successor(s) in title and heirs.
  3. Any terms and conditions used by the other party remain unaffected insofar as they do not conflict with these terms. In that case, our terms shall at all times prevail, even if priority has otherwise been stipulated.
  4. If any provision of these general terms is held to be unenforceable, that shall not affect the enforceability of the remaining provisions of these general terms, which shall continue to have full force and effect.

Offers

  1. All offers we make, in whatever form, are without obligation, unless expressly stated otherwise.
  2. Any estimates, plans or other documents accompanying an offer remain our property at all times and must be returned to us postage-paid upon first request. They may not be duplicated or shown to third parties without our consent.
  3. If the other party does not wish to make use of our services, we are entitled to charge the costs associated with the offer that were specifically incurred for the other party.
  4. Sending offers and/or (other) documentation does not oblige us to accept an order. Non-acceptance will be communicated to the other party as soon as possible, and in any case within 14 days.
  5. We reserve the right to refuse orders without stating reasons, or to deliver cash on delivery.

Agreement

  1. Except as stated below, an agreement with us is only concluded once we have accepted or confirmed an order in writing, with the date of confirmation being decisive. The order confirmation is deemed to accurately and completely reflect the agreement, unless the other party has immediately objected in writing.
  2. Any additional arrangements or changes made later only bind us if confirmed by us in writing.
  3. For transactions where, given their nature and scope, no quotation or order confirmation is sent, the invoice is deemed to accurately and completely reflect the agreement, subject to a complaint within 8 working days.
  4. Every agreement is entered into by us subject to the condition precedent that, in our sole judgement, the other party appears to be sufficiently creditworthy to fulfil the agreement financially.
  5. We are entitled, when or after entering into the agreement and before (further) performance, to demand security from the other party that both payment and other obligations will be met.
  6. If we consider it necessary or desirable — for the proper performance of the assignment given to us and after consultation with the other party — we are authorised to engage others in the performance of the agreement, the costs of which will be passed on to the other party in accordance with the quotations provided.
  7. The other party is required to provide us in good time with all information and documents needed for the correct performance of the agreement.
  8. Drawings, technical descriptions, designs, calculations and other documents form part of the agreement if and insofar as the agreement refers to them. If the drawing differs from the technical description, the latter prevails.

Cancellation

If, after an agreement has been concluded, the other party wishes to cancel it, 10% of the order price (incl. VAT) will be charged as cancellation costs, without prejudice to our right to full compensation, including lost profit.

Delivery

  1. From the moment the agreement is concluded, purchased goods are at the risk of the other party. Unless otherwise agreed, delivery takes place at the home/business of the other party. Delivery free of charge only takes place if and insofar as this has been agreed with the other party and is stated on the invoice or otherwise.
  2. The moment of delivery is the moment at which the purchased goods are ready for transport.
  3. The other party is required to check the delivered goods and packaging for any shortages and/or damage immediately upon delivery, but in any case within 3 working days, or to do so promptly after we have notified that the goods are at the other party's disposal.
  4. Any shortages and/or damage to the delivered goods and/or packaging present at delivery must be noted by the other party on the delivery note, invoice and/or transport documents, failing which the other party is deemed to have approved the delivered goods. Complaints thereafter will no longer be considered.
  5. We are entitled to deliver in instalments (partial deliveries), which we may invoice separately.
  6. Any stated delivery time is always approximate, unless expressly agreed otherwise in writing.
  7. If goods are not collected by the other party after the delivery time has expired, they will be stored at the risk and expense of the other party.
  8. Exceeding the delivery time never entitles the client to compensation and does not give the client the right to suspend or fail to perform its obligations.

Transport / risk

  1. The method of transport, dispatch, packaging, etc. is determined by us as a reasonable and prudent party, unless the other party has given further instructions. Unless otherwise agreed, the other party bears all risk in this respect, including fault/negligence of the carrier.
  2. Any specific wishes of the other party regarding transport/dispatch will only be carried out if the other party has declared that it will bear the additional costs thereof.
  3. We are entitled to charge a fee for durable packaging materials, which will be stated on the invoice. Where such a fee is charged, it will be settled after the packaging is returned undamaged.

Special provisions regarding contracting of work

I. Delivery / completion

  1. The completion/delivery periods stated in offers, confirmations and agreements are given to the best of our ability and will be observed as far as possible, but are not binding unless expressly agreed in writing.
  2. The stated completion/delivery periods only start after receipt of the agreed advance payments and all data, documents, materials, etc. to be provided by the other party.
  3. Exceeding these periods, for whatever reason, will never entitle the other party to compensation, dissolution of the agreement, or non-performance of any obligation arising from the agreement in question or any other related agreement.
  4. In the event of an excessive delay in completion/delivery, to be judged by us, we will consult further with the other party.
  5. In the case of contracting of work, the work is considered completed:
    1. when we have notified the other party in writing or verbally of the completion of the work and the other party has approved the work.
    2. after 8 days have passed since we notified the other party in writing that the work is complete, and the other party has failed to inspect the work within that period.
    3. upon the other party taking the work into use, provided that use of part of the work is considered completion of that part.
  6. Minor defects will be remedied by us as soon as possible and do not constitute grounds for the other party to withhold approval. Apart from remedying the aforementioned minor defects, we are only required to remedy, as soon as possible, defects reported to us in writing within 30 days of completion. The costs of this work are for the account of the other party, unless the cause of the defects is attributable to us.
  7. Normal deviations from a representative sample of a natural product do not entitle the other party to cancel or suspend the agreement or to demand any compensation.
  8. Building materials arising from the work which the other party has declared it wishes to keep must be removed from the site by the other party. All other building materials will be removed by us.

II. Additional and reduced work

  1. The other party has the right to order changes to the work before or during its performance. Only additional work that has been ordered in writing as such will be eligible for performance and settlement. The absence of a written order does not affect the other party's claims to performance, or ours to settlement thereof, if and insofar as it can be proven by other means that the additional work was ordered as such.
  2. We are entitled to charge the other party for costs arising from the following causes:
    1. when the work must be modified for reasons beyond our control, or cannot be carried out normally and without interruption during normal working hours;
    2. when government regulations that were not known or could not have been known to us at the time the agreement was concluded come into force.
  3. If, upon final settlement, it appears that the total of the items referred to in this article results in a reduction of our contract sum, we are entitled to an amount equal to 15% of that reduction.
  4. Article 7A:1646 of the Dutch Civil Code — or (future) equivalent provisions — is excluded.
  5. If statutory regulations or government decisions impose higher requirements on the work than provided for in the agreement, changes to the work necessary to meet those requirements will be settled as additional work.

III. Other party's obligations regarding contracting

  1. The other party undertakes to ensure that we can, in good time and free of charge, have access to:
    1. the permits, exemptions or similar decisions required for the design of the work according to the specifications;
    2. the building, site or water on or at which the work must be carried out;
    3. any detailed drawings showing non-visible cables, pipes and other relevant data;
    4. the provisions that the other party makes pursuant to the agreement;
    5. sufficient opportunity for the supply, removal and secure dry storage of building materials, materials and tools;
    6. sufficient parking space in the immediate vicinity of the work;
    7. connection facilities and the energy required for electrical machinery, lighting, heating, gas, compressed air, water, etc.
  2. The other party guarantees that all statutory requirements regarding safety and working conditions will be continuously observed by it.
  3. The other party bears responsibility for the constructions and working methods prescribed by or on its behalf, including the influence exerted thereon by soil conditions, as well as for orders and instructions given by or on its behalf.
  4. If building materials or aids made available by the other party are defective, the other party is liable for the resulting damage.
  5. The other party must ensure that work and deliveries not part of our work are carried out in such a way and in good time that our performance is not delayed as a result, failing which delay costs will be charged.

IV. Suspension and termination of unfinished work

  1. The other party is entitled to have the performance of the work suspended in whole or in part.
  2. Costs incurred and damage suffered by us as a result must be compensated immediately and without further notice of default.
  3. If the suspension lasts longer than 14 days, we may also demand that the work carried out be settled, regardless of any conflicting payment terms.
  4. If the suspension lasts longer than 28 days, we are entitled to terminate the unfinished work, with the other party being obliged to pay any outstanding instalments as well as compensation for all costs and damage arising from the cancellation, including compensation for loss of profit set at 10% of the contract sum less costs not incurred by us.

V. Supply of materials, etc.

If materials, etc. are supplied by the other party, we will charge 20% of their market price, unless expressly agreed otherwise in writing.

VI. Obligations regarding the sale of properties

As soon as the other party forms the intention to sell the property on or to which we are to carry out work, the other party is obliged to notify us of this without delay. The same obligation applies in the event of sale of the property after completion of the work, if payment has not been made in full.

VII. Invoicing

  1. Unless otherwise agreed in writing, the agreed contract sum will be invoiced in 4 instalments:
    • 30% after commencement of the work
    • 30% after completion of half of the work
    • 30% after completion of 3/4 of the work
    • 10% after full completion
  2. Unless otherwise agreed in writing, additional work will be invoiced together within the completion period stated above. Reduced work is settled in the final invoice.

Prices

  1. Unless stated otherwise, our prices are:
    • based on delivery from our company, warehouse or other storage location;
    • exclusive of VAT, import duties, other taxes, levies and duties;
    • stated in Euros; any exchange rate changes will be passed on.
  2. In the event of an increase in one or more cost price factors, we are entitled to increase the order price accordingly, in observance of any applicable statutory regulations, provided that already known future price increases must be stated in the order confirmation.

Force majeure

  1. Force majeure is understood to mean: any circumstance independent of the will of the parties, or unforeseeable, as a result of which performance of the agreement can no longer reasonably be required of the other party.
  2. If, in our judgement, the force majeure is of a temporary nature, we have the right to suspend performance of the agreement until the circumstance causing the force majeure no longer exists.
  3. If, in our judgement, the force majeure situation is permanent, the parties may agree on the dissolution of the agreement and its consequences.
  4. We are entitled to demand payment for performance rendered under the agreement in question before the force majeure circumstance became apparent.
  5. The party that believes it is (or is about to be) in a state of force majeure must notify the other party immediately.

Intellectual property

  1. If intellectual property rights exist by law on goods (such as models, designs, images, drawings, software, quotations and the like) produced by or on behalf of us during the preparation or performance of the agreement, these rights belong to us in full.
  2. The other party guarantees at all times that the use of data or other materials provided by the other party will not put us in breach of statutory regulations or protected rights of third parties. It further fully indemnifies us against all direct and indirect consequences of claims that third parties may assert against us on the basis of a breach of this guarantee.

Liability

  1. We exclude all liability insofar as it is not regulated by law.
  2. Our liability will never exceed the total amount of the relevant contract sum.
  3. Subject to the generally applicable rules of law of public order and good faith, we are not obliged to pay any compensation for damage of any kind, direct or indirect, including business damage, to movable or immovable property, or to persons, whether suffered by the other party or by third parties, insofar as it is not attributable to us.
  4. In any event we are not liable for damage arising from or caused by (incorrect) use of the delivered goods or their unsuitability for the purpose for which the other party acquired them.
  5. By the mere acceptance of the delivered goods by or on behalf of the other party, we are indemnified against any claims from the other party and/or third parties for compensation, regardless of whether the damage arose from composition and/or manufacturing defects or any other cause.
  6. After 30 days from completion of the work, we are no longer liable for defects in the work, except in the case provided for in Article 7A:1645 of the Dutch Civil Code, or if the work contains a hidden defect and we are notified thereof in writing within 4 weeks of discovery.
  7. A legal claim regarding a hidden defect can no longer be brought by the other party or its successors in title after 3 years from the moment of completion.
  8. This limitation of liability applies if and insofar as our liability insurers do not provide cover for damage caused to the other party and/or third parties.
  9. Liability for so-called environmental damage is fully excluded.

Complaints

  1. Complaints will only be considered by us if they reach us directly in writing within 8 days of delivery of the relevant performance, with an accurate statement of the nature and grounds of the complaint.
  2. Complaints about invoices must likewise be submitted in writing, within 8 days of the invoice date.
  3. After these periods have elapsed, the other party is deemed to have approved the delivered goods or the invoice, as applicable. Complaints thereafter will no longer be considered by us.
  4. If a complaint is found by us to be justified, we are only obliged to still deliver the agreed performance.
  5. If a complaint is found to be justified, this does not suspend the client's payment obligation.

Warranty

  1. Subject to the limitations set out below, we provide a warranty for a period to be agreed on the products and work delivered by us. This warranty is limited to manufacturing defects and therefore does not cover defects caused by any form of wear or consumption of parts of the delivered goods.
  2. For components or additions sourced from third parties, we do not provide a longer warranty than that provided to us by that third-party supplier.
  3. The warranty lapses if the delivered goods are used improperly by the other party and/or third parties engaged by it.
  4. The warranty likewise lapses if work or changes are carried out on the delivered goods by the other party and/or third parties engaged by it, or if a choice of construction or material differing from ours has been made.
  5. If we replace parts in fulfilment of our warranty obligation, the replaced parts become our property.
  6. If the other party fails, partially fails, or fails to timely fulfil any obligation arising from the agreement between the parties, we are not obliged to provide warranty for as long as that situation continues.

Retention of title

  1. Delivered goods remain our property until all deliveries and work performed, or still to be performed, by us under the agreement, including interest and costs, have been paid for by the other party. In the event of suspension of payment, bankruptcy, liquidation of the other party, or death where the other party is a natural person, we are entitled to cancel the order in whole or in part without notice of default or judicial intervention, and to reclaim the unpaid part of the delivered goods. Cancellation and reclaiming do not affect our right to compensation for loss or damage. In these cases, any claim by us against the other party will become immediately and fully due and payable.
  2. The goods may be resold or used by the other party in the course of its normal business operations, but may not be pledged or otherwise serve as security for a claim of a third party.
  3. As security for the correct payment of all our claims, on whatever grounds, we furthermore obtain a non-possessory right of pledge — arising when the claim comes into existence — on all goods into which the materials delivered by us have been incorporated, or of which they form part. The order signed by the other party and our subsequent written acceptance thereof serve as a private deed within the meaning of the law.

Payment

  1. Unless otherwise agreed in writing, payment must be made in cash without discount or set-off upon delivery, or by transfer to a bank account designated by us within 14 days of the invoice date. The value date shown on our bank statements is decisive and is therefore regarded as the payment date.
  2. All payments made by the other party are applied first to any interest and collection costs incurred by us, and then to the oldest outstanding invoices.
  3. Should the other party:
    1. be declared bankrupt, surrender its estate, apply for suspension of payment, or have attachment levied on the whole or part of its property;
    2. die or be placed under guardianship;
    3. fail to comply with any obligation imposed on it by law or by these terms;
    4. fail to pay an invoice amount, or part thereof, within the period set for it;
    5. proceed to cease or transfer its business or a significant part thereof, including contributing its business to a company to be established or already existing, or change the objective of its business;
    6. notify us that it intends to sell the property on or to which we (must) carry out our work,

    we shall, by the mere occurrence of any of the above circumstances, have the right either to consider the agreement dissolved without any judicial intervention being required, or to immediately and fully claim any amount owed by the other party for services rendered by us, without any warning or notice of default being necessary, all without prejudice to our right to compensation for costs, damages and interest.

Interest and costs

  1. If payment has not been made within the period stated in the previous article, the other party is in default by operation of law and owes interest of 2% per (part of a) month on the outstanding amount from the invoice date.
  2. All judicial and extrajudicial costs incurred are for the account of the other party. Judicial costs include all actual costs of legal and litigation assistance during legal proceedings that exceed the standard liquidation rate. Extrajudicial collection costs amount to at least 15% of the amount owed by the other party, including the aforementioned interest, with a minimum of €225.

Applicable law

  1. Dutch law applies exclusively to all our offers, agreements and their performance.
  2. The application of the Vienna Sales Convention is expressly excluded, as are future international regulations regarding the sale of movable property.

Disputes

All disputes, including those considered as such by only one party, arising from or related to the agreement to which these terms apply, or to these terms themselves and their interpretation or performance, whether of a factual or legal nature, will be settled by the competent civil court in whose jurisdiction our place of business is located, unless the subdistrict court has jurisdiction.

Additional terms and conditions for subscriptions

Article 1 – Definitions

  1. Provider: the provider of maintenance services offering the subscription.
  2. Customer: the natural or legal person entering into a subscription.
  3. Subscription: a continuing agreement under which the Customer, in exchange for payment, is entitled to (periodic) maintenance services.
  4. Services: all maintenance and repair work offered by the Provider.

Article 2 – Applicability

  1. These additional terms apply to all subscriptions to maintenance services offered by the Provider.
  2. These terms apply in addition to the Provider's general terms and conditions.
  3. In the event of a conflict, these subscription terms prevail insofar as they relate to the subscription.

Article 3 – Subscription types

The Provider offers, among others, the following subscription types:

  1. Basic Subscription
  2. Premium Subscription
  3. Pro Subscription
  4. Homeowners' Association / Commercial Rental Subscription

The exact content, rates, included services, response times and limitations per subscription are determined separately by the Provider and communicated to the Customer.

Article 4 – Formation and duration

  1. A subscription is formed at the moment the Customer accepts the Provider's offer.
  2. The subscription is entered into for an indefinite period with a minimum term of 12 months. After the minimum term expires, the subscription is tacitly renewed unless terminated in time.

Article 5 – Termination

  1. The Customer may terminate the subscription after the minimum term expires, with one month's notice, unless agreed otherwise.
  2. Termination must be made in writing or via a method offered by the Provider.
  3. Early termination before the end of the minimum term may result in a termination fee, unless mandatory law provides otherwise.

Article 6 – Rates and payment

  1. Subscription fees are charged periodically in advance (monthly/annually).
  2. The Provider is entitled to change rates, provided the Customer is notified of this in good time.
  3. If the Customer does not pay on time, the Provider is entitled to suspend the service.

Article 7 – Performance of services

  1. The Provider will perform the services to the best of its knowledge and ability.
  2. Performance periods are indicative, unless expressly agreed otherwise.
  3. The Customer must ensure access to the location where the work is to be carried out.

Article 8 – Limitations and exclusions

  1. Not all work automatically falls within the subscription.
  2. The Provider may exclude certain work or charge for it additionally.
  3. Emergency call-outs, specialist work or use of materials may fall outside the subscription.

Article 9 – Liability

  1. The Provider's liability is limited to direct damage and, at most, to the amount paid out by the liability insurer in the relevant case.
  2. If no payout is made, liability is limited to the amount the Customer paid in subscription fees over the last 12 months.
  3. The Provider is not liable for indirect damage, including consequential damage and loss of profit.

Article 10 – Force majeure

  1. Force majeure means any circumstance beyond the Provider's control that means performance cannot reasonably be required.
  2. In the event of force majeure, the Provider is entitled to suspend performance of the subscription.

Article 11 – Amendment of terms

  1. The Provider reserves the right to amend these terms.
  2. Amendments will be communicated to the Customer in good time and take effect on the announced date.
  3. If the Customer does not agree with the amendment, it has the right to terminate the subscription.

Article 12 – Applicable law and disputes

  1. Dutch law applies exclusively to all agreements and these terms.
  2. Disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

Contact

For questions about these terms and conditions, please contact us via:

Calamiteitenbeheer.com B.V.
Bergse Dorpsstraat 24 B 01
3054GD Rotterdam, The Netherlands
info@calamiteitenbeheer.com
+31 85 060 0517

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