General Conditions of Verdasol B.V.
Version 2.4 December 2024
Article 1. Definitions
1.1 The general terms and conditions shall apply to all our offers, offers, opinions, and agreements (hereinafter referred to as "offer" on the one hand or "offer" on the other hand), as well as to the performance of work by Verdasol and related undertakings and subcontractors. Terms or conditions set by the customer that differ from or do not appear in these terms and conditions are binding on Verdasol only if and to the extent that they have been accepted in writing by Verdasol.
1.2 For the purposes of the general conditions:
. The opposite person: the natural or legal person who receives offers, offers and advice from us in accordance with paragraph 1 or concludes agreements with us regarding the purchase and possible installation of the product.
Vendor: Verdasol B.V., 65-D, 1322CK Almere, KvK: 75309009, email: info@verdasol.nl
. Agreement: the agreement between the supplier and the other party to buy the product and any installation thereof.
Product: solar panels, insulation, heat pumps, LED and installations and/or other items, accessories, material or complete systems as specified in the agreement.
♪ Written: messages written or sent electronically, except for apps.
Article 2. The Offer, Agreement and Inspection:
2.1 All offers and offers from the supplier are without obligation, unless otherwise stated, and are based on and subject to the accuracy of the information provided by the other party to the request.
2.2 The supplier's data on returns and payback times are based on simulation software such as 2Solar, OpusFlow and PVGIS, using long-term solar radiation data. These data are indicative and are for information only. Actual yields may vary and be influenced by factors such as:
- Weather conditions and seasonal variations;
- Shadow formation by trees, buildings, or other objects;
- Pollution of solar panels, such as dust, dirt or bird poop;
- The geographical location and specific conditions on the spot;
- Maintenance levels and other external influences.
Although the supplier is working to calculate the reported data as accurately as possible, the supplier cannot provide guarantees as to the actual yield or return of the installation, unless explicitly and in writing agreed in the agreement.
Supplier shall not be liable for deviations in revenues unless they are demonstrably due to a technical defect to the supplier's supplied and installed system.
2.3 The tender shall include a description of the activities, services and products to be carried out and the price and, where applicable, the cost of additional work, inspection and method of payment. When the offer is made, the other party receives these general terms and conditions applicable to them.
2.4 The contract is concluded by accepting the offer from the supplier including these terms and conditions by the other party. The other party shall do so in writing; the other party agrees to the offer by means of a signature or initial on each page of the offer including these general terms and conditions or digitally via the appropriate button in the offer, whereby the other party automatically agrees to our general terms and conditions.
2.5 The agreement will only be concluded if the roof of the real estate and the electrical installation are suitable to install and connect the product, or if measures are taken for the installation to enable it. Supplier can facilitate the meter cabinet/electric installation. The Supplier will make a remote assessment of the situation of the other party as far as possible after receipt of the tender application. In order to ensure the suitability of the roof to which the installation has to be connected or of the electrical installation, the supplier will, after agreement of the other party, have an inspection, also known as a fireplace, carried out prior to the installation on site. If this inspection makes it clear that the product cannot be assembled or cannot be fully assembled, or if there is general doubt with the supplier, the agreement will not go through.
2.6 If the inspection shows that the installation can be carried out, but that additional work is required for this purpose and the price as included in the offer will have to be adjusted, then the other party will be asked to have the installation carried out. The other party will then receive a new offer including the additional work. Article 2.3 shall then apply to the conclusion of the Agreement.
2.7 The costs of an inspection will only be charged to the other party by the supplier if the inspection is carried out at the request of the other party or if the other party terminates the agreement in accordance with Article 3 of these General Terms and Conditions.
Article 3: Right of withdrawal and dissolution
3.1 After entering into the contract, the other party, if there is a consumer purchase, has the right to cancel the contract free of charge and without giving reason within the statutory period of 14 days starting on the date of conclusion of the contract.
3.2 In order to exercise this right of withdrawal, the other party may contact the supplier in writing via the other party's account manager or the supplier's business details as stated on the agreement. However, the agreement can no longer be cancelled if, at the other party's written request, the work has already been carried out within the statutory period of 14 days.
3.3 The legal reflection period starts on the day of signature. Once the equipment is laid, it is part of the house and the think-out period expires.
3.4 In the event of dismantling, the Supplier may offset any damage to the product received.
3.5 In the case of removal of an already installed product, the supplier shall not be obliged to remove modifications made during the installation and/or to remove any structural measures taken. Supplier will carefully remove the installed product from the real estate. Supplier and/or installer is not required to restore walls, ceilings or other items affected by the assembly and/or removal of the product in its original state. This also applies to any discoloration and damage to tiles. If:
. The other party after a legal notice of default by the supplier continues to fail to fulfil any financial obligation under the agreement; or
. The other party is declared bankrupt or an application has been made; or
. The other party's suspension of payment has been granted or a request has been made; or
. In respect of the other party, the Law on Debt Settlement Natural Persons has been declared applicable or a request has been made; or
The amount to be reported shall be the sum of the following:
. After the conclusion of the agreement, it appears that the information provided to us by the other party is incorrect or incomplete; the supplier has the right to terminate the agreement in whole or in part without notice by means of a written statement and to terminate guarantees. The costs of this may be charged to the other party.
Article 4 Price and payment
4.1 The offer can be accepted in writing by the other party, including these terms and conditions. The deposit is standard 50% of the total amount, unless otherwise agreed. After receiving the deposit, the supplier will prepare and schedule the installation.
4.2 Payment after installation: After completion of the installation, the remaining 50% of the total amount must be paid directly to the mechanic. This can be done via debit or bank transfer, unless otherwise agreed in advance. The other party shall ensure that the necessary arrangements have been made to make this payment on the day of installation.
4.3 If the other party does not pay the remaining 50% immediately after the installation, the other party, without any notice of default, is in default. In order to remind the other party of an outstanding payment, the supplier sends a reminder in which the other party is informed that the other party is in default and offers the opportunity to pay within 7 days of receipt of this notice. The Supplier may postpone its obligations, such as providing service and support, until the other party has fulfilled the payment obligations. If the late payment continues and the other party does not pay within a reasonable period of time and is not reachable, the supplier will activate a collection agency and, if applicable, may temporarily disable the converters until payment is made. In addition, legal interest will be calculated from the expiry date of the invoice.
4.4 If the other party is unable to pay due to liquidation, bankruptcy, seizure or suspension of payment, the claims of the supplier to the other party are immediately due.
4.5 Complaints, guarantees and any other claims shall not suspend the payment obligations of the other party.
4.6 Special offers are only valid for as long as stocks last and/or as stated in the promotional terms and/or offer.
Article 5 Assembly and installation work
5.1 The installation shall be carried out properly and according to the terms of the contract by the installer and in accordance with NEN 1010 on behalf of the supplier. The installation shall be carried out in accordance with the relevant requirements. The location of the installation and the manner of execution of the pipe construction shall be determined by the installer in agreement with the other party, subject to the legal requirements.
5.2 The work is carried out within the installer's regular working hours (07:00 - 19:00), unless otherwise agreed with the other party.
5.3 The Supplier is entitled to carry out the delivery and installation of the product in parts.
5.4 The time limits for installation indicated by or on behalf of the supplier shall be an indication. The Supplier shall endeavour to comply with the deadlines specified by it, but shall not be liable for any damage suffered by the other party as a result of failure to assemble and install within a specified period. In such a case, the supplier will contact the other party to schedule a new appointment.
5.5 If the supplier is unable to carry out the installation on the installation date or if the installation work is delayed, the supplier may charge the other party the resulting costs for example change in the cable journey and/or other additional work.
5.6 The other party can reschedule the appointment free of charge up to 14 working days before the agreed date for installation, after which the costs of 400 euros incurred by the supplier in that context are borne by the other party. The Supplier shall not reimburse any costs incurred by the other party for being present during the installation.
5.7 Should the installation prove that the other party's roof (construction) is not good enough and that there is a need to change the laying plan on the spot or that the installation cannot be continued, 400 euros will be charged.
5.8 If there is evidence on the spot that a ladder/lift has to be provided, 150 euros can be charged.
Article 6 Obligations of the counterparty
6.1 Uncommon For its own risk and account, the other party shall:
. The installer shall, as soon as it is on the spot, be able to access and carry out the work, as agreed in the tender, and shall have the information relevant to the installation, including the location of pipes and the like;
. The location of the installation must be easily accessible; the designated place of installation is suitable for storage and assembly including the installation and use of a ladder lift, (rolling) scaffolding; that the necessary structural, mechanical and electrical facilities are made available to the supplier or installer in a timely manner, that connection points and electrical current are made available to them and that all safety and other precautions are taken in connection with the installation of the products;
. If the roof of the property is equipped with tiles, there are 5-10 spare tiles, including at least 1 ridge and 1 corner pan, available.
(b) appropriate measures shall be taken to prevent damage to other goods and injury to persons likely to arise as a result of the work to be carried out;
. There is no asbestos at the place where the products are placed; where applicable, the supplier shall be able to obtain in good time the authorisations, approvals and authorisations required for the installation and the information to be provided by the other party in connection with the execution of the installation.
. If no main switch appears to be present in the meter cabinet, the system operator's seal shall be broken in order to operate safely. The installer will report this prior to the other party. The other party bears the responsibility and additional costs for repairing the seal.
. Excavation is not included in the work for cable works and is the responsibility of the other party.
lo The other party is responsible for the proper functioning of the group cabinet. If the installer finds at the start of the installation that the installation cannot be carried out safely due to the malfunction of the group cabinet, the costs of adjusting and/or replacing the group cabinet are for the other party. The other party is advised by the account manager about the meter and stop cabinet; the other party cannot derive any rights from that. The installer is leading.
6.3 Shelf life The other party shall ensure that other (preparatory) activities and/or supplies, which are not part of the installation work as specified in the contract, are carried out in such a way that the performance of the work by or on behalf of the supplier is not delayed. If this is the case, the other party must inform the supplier on time, no later than 7 days before the start of the work.
6.4 The other party is responsible for a sound (roof) construction of the property and its carrying capacity and is liable for any damage and costs that the supplier may incur or suffer due to defects in or insufficient capacity of that (roof) construction. The other party is also responsible for a well-functioning Wi-Fi/ethernet connection that can be reached from the installation.
6.5 6.5 The other party guarantees that the other party owns the real estate and is competent to place the installation on the real estate, or has permission to install the landlord, association of owners or other relevant owner of the real estate.
6.6 The other party has the responsibility, before accepting the offer, to verify that no building permit, permission or approval is required for the placement of the products and that such building permit, permission or approval has been issued or obtained.
6.7 The other party bears the risk of damage and costs caused by:
. All inaccuracies in the specified information and/or tasks assigned;
. All inaccuracies in the structures and practices required by the other party;
. The defects in materials or devices made available by the other party;
. The defects in the (im) moving case to which the installation work is carried out.
6.8 After completion of the installation, the installer will carry out a test with the other party to verify that the installation is working properly. Any residual points, imperfections or damage shall be recorded on the acceptance form provided by the installer. If correctly installed and accepted, the other party must sign the acceptance form. Signing of the acceptance form shall constitute acceptance of the installation.
Article 7 Products and retention of title
7.1 However, the Supplier aims to deliver and/or install the products agreed with the other party, but it may occur that the Supplier delivers at least technically equivalent alternative versions of the products without leading to a price increase for the customer. Derogations in the (specifications of) delivered or installed products compared to what is included in the contract are in principle no grounds for compensation and/or termination of the contract.
7.2 The risk of loss or damage of the products passes to the other party at the time of delivery and/or installation or if otherwise agreed in writing. The ownership of all products delivered by the supplier to the other party or installed with the other party remains with the supplier, as long as the other party has not fulfilled all its payment obligations. In that case, the other party will ensure that third parties (including potential buyers of the property, curators, attachment agents and bailiffs) are clear that the supplier owns the products. The Supplier has the right to take back the products delivered to the other party if the other party does not fulfil its obligations or if the supplier has reason to believe that the other party will not fulfil its obligations.
Article 8 Guarantees
The Supplier guarantees the correct functioning of the various system components such as solar panels, converters, cabling, support structures and other materials up to a maximum of 24 months after the delivery date, unless otherwise agreed with the other party. Within this period of time, and subject to the said condition of correct and careful use, the supplier will restore any incorrect inter-operation on its costs. Unless expressly agreed otherwise, transport, assembly and dismantling costs relating to the restoration of system components of products, with a warranty period of more than 24 months after the date of delivery, shall be borne by the other party at the end of 24 months. Lacks of the products or services in respect of which the contractual guarantee is invoked shall be reported to the supplier by e-mail or registered letter as soon as possible, but within a reasonable period of fourteen days after the discovery of the defect, defects and/or damage. After this reasonable period of time, the liability of the supplier for these defects will lapse on the basis of the contractual guarantee. The guarantees as specified in this Article shall not apply if the lack of the products is due to an external cause and/or the cause is not attributable to the supplier, including accidents, damage, short circuit, misuse, misuse, incorrect application
Explicitly excluded from warranty and liability is:
(b) Damage caused by own late maintenance;
(b) Damage not attributable to material and/or assembly defects of work carried out by or on behalf of the supplier, external influences, modifications to installation, repairs and/or innovations carried out by third parties;
Differing colour and discoloration of solar panels;
This is due to the fact that the roof of the other party cannot carry the additional ballast of the solar panels;
. Lacks of work and services provided by third parties;
Damage caused by poor maintenance, such as an air conditioning system.
Article 9 Liability
9.1 The supplier's liability for direct damage, regardless of whether it is based on a civil liability and/or under the agreement, except where there is gross negligence or intent, is per event or related series of events, limited to the amount of the price paid by the other party to the supplier.
9.2 If during the execution of the (installation) work by or on behalf of the supplier damage is done to third parties or to items, other than usual and necessary minor damage associated with the installation, the other party supplier will inform directly and in any case within 2 days after the other party has found the damage, if the supplier or the installer has not already informed the other party himself.
9.3 Supplier shall not be liable for any indirect damage and consequential damage, such as lost turnover and profit, days off, missed commercial opportunities, delay damage, damage due to excess of time limits due to changed circumstances, theft, reputation damage or damage caused by the products and/or services, except in case of intent or gross negligence.
9.4 The Supplier shall not be liable for any damage arising during the performance of the contract as a result of any auxiliary person designated, provided or prescribed by the other party, used goods, materials or instructions. The Supplier shall not be liable for:
(b) Damage caused by acts contrary to the instructions given by the supplier or installer;
(b) Damage caused by a Wi-Fi connection established by the other party itself with the converter of the other party;
Damage caused by storm, hail, lightning or other external calamities, reduced electrical output of the installation due to disturbances in the power grid or due to shadow effects such as growing trees, rooftops of neighbors, etc.
(b) Damage caused by a lack or deficiency of products and/or services replaced or repaired by the supplier within a reasonable period of time;
9.9 The other party shall indemnify the supplier against any claims of third parties, including other co-owners of, or entitled to, the immovable property to which or on which the products are or will be installed, related to the installation, operation and presence of the products, unless the supplier would be liable under any legal provision.
9.10 In case of repeated cancellations of the installation by the supplier for reasons other than force majeure (such as weather conditions or illness of employees), the other party shall be entitled to a fee at the second cancellation. This fee shall be €100.00 and is intended to compensate for any inconveniences and delays. However, it is not intended to sanction the supplier.
9.11 Leakage or other damage that the other party allegedly caused as a result of our installation work should be reported by the other party to their own insurance. It is the other party's responsibility to report such incidents and to have them investigated by their insurance company.
Article 10 Personal data
10.1 Supplier handles all personal data provided to it in accordance with applicable legislation, such as the General Data Protection Regulation (GDPR). Supplier has ensured that the installer and/or other third parties engaged by it ensure the same security of data. Where applicable, a processor agreement has been entered into with those third parties.
10.2 How supplier deals with the other party's personal data is described in our privacy statement, published on our website: www.verdasol.nl
Article 11 Intellectual property rights
11.1 All intellectual property rights on all products, services and installations supplied by the supplier are owned by the supplier.
Article 12 Final provisions
12.1 Supplier has the right to amend or supplement these terms and conditions. In case of major substantive changes, the supplier will inform the other party in good time. In the case of a consumer purchase, if the change results in a performance being provided to the other party that essentially deviates from the original performance, the other party has the right to terminate the contract by the date the amended terms enter into force.
12.2 If one or more of the provisions of these general terms and conditions prove to be contrary to mandatory applicable provisions of the Civil Code, if they prove to be invalid or if they are destroyed, the other provisions of these general terms and conditions will remain in full force.