General Terms and Conditions
These general terms and conditions apply to all quotations, agreements and services of Tekenpunt. PLEASE NOTE: this is a draft that we recommend having reviewed by a legal adviser before publication and use.
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
- Tekenpunt: the sole trader/business Tekenpunt, registered in Amsterdam, Chamber of Commerce number [KVK-NUMMER].
- Client: the natural person or legal entity that places an assignment with Tekenpunt.
- Agreement: the written or electronic agreement between Tekenpunt and the client for the provision of services.
- Services: the preparation of architectural drawings, the preparation and submission of building permit applications, the performance of structural calculations, the creation of 3D visualisations and related work.
- Drawings: all designs, drawings, calculations, reports and other written or digital documents produced by Tekenpunt.
- Revision: an amendment to delivered drawings at the request of the client or in response to observations from the municipality or aesthetic review committee.
Article 2. Applicability
These general terms and conditions apply to all quotations from Tekenpunt and to all agreements entered into between Tekenpunt and the client, unless otherwise agreed in writing.
Any purchasing terms or other general terms and conditions of the client are expressly rejected, unless Tekenpunt has accepted them in writing.
Deviations from or additions to these terms are only valid if they have been expressly agreed in writing.
Article 3. Quotations and formation of agreement
All quotations from Tekenpunt are without obligation and valid for 30 days from the date of issue, unless a different period is stated in the quotation.
An agreement is formed at the moment the client has accepted the quotation in writing or electronically and Tekenpunt has confirmed the assignment. Payment of the deposit shall also constitute acceptance of the quotation.
Oral agreements are only binding on Tekenpunt once they have been confirmed in writing by Tekenpunt.
Tekenpunt reserves the right to decline an assignment without giving reasons.
Article 4. Prices
All prices used by Tekenpunt are indicative (starting prices) and are exclusive of VAT unless expressly stated otherwise. The final price is determined after an intake assessment and depends on the circumstances, the type of renovation, the complexity of the project, the condition of any existing drawings and any specific municipal or aesthetic review requirements.
Prices published on the website are based on a standard situation and are subject to change. No rights may be derived from price indications on the website.
Additional work arising from incorrect or incomplete information provided by the client, from project changes made by the client, or from requirements of the municipality or aesthetic review committee that could not have been foreseen at the outset, will be quoted and invoiced separately.
Tekenpunt reserves the right to adjust prices in the event of changes in legislation or regulation or in the event of significant cost increases.
Article 5. Payment
Payment shall be made via Mollie or the bank account stated by Tekenpunt on the invoice. Tekenpunt may require a deposit before commencing work. The amount of the deposit will be stated in the quotation.
Invoices must be paid within 14 days of the invoice date, unless a different payment term has been agreed in writing.
In the event of late payment, the client shall be in default by operation of law. Tekenpunt is entitled to charge statutory commercial interest (for business clients) or statutory interest (for consumers) from the due date.
Tekenpunt reserves the right to suspend work for as long as an outstanding invoice has not been paid.
Objections to an invoice must be communicated to Tekenpunt in writing within 14 days of the invoice date. After this period, the invoice shall be deemed correct.
Article 6. Delivery and turnaround time
Stated turnaround times are indicative and do not constitute time-of-the-essence deadlines unless expressly agreed in writing. Tekenpunt aims for a turnaround time of approximately 4 weeks for standard assignments and 1 to 2 weeks for urgent assignments.
The turnaround time begins once Tekenpunt has received all necessary information, documents and data from the client and the (deposit) payment has been credited.
Exceeding the turnaround time does not entitle the client to compensation, a reduction or termination of the agreement, unless the delay is solely attributable to Tekenpunt and a time-of-the-essence deadline had been agreed in writing.
Delivery of drawings and documents takes place digitally unless otherwise agreed in writing.
Article 7. Revisions and amendments
The number of included revisions is stated per assignment in the quotation. Additional revisions or modifications resulting from changed requirements of the client will be charged as additional work.
Revisions arising from observations by the municipality, the aesthetic review committee or the environmental services body are included in the quotation, unless the observations relate to starting points that have been changed or incorrectly provided by the client.
Changes to the assignment made by the client after acceptance of the quotation may result in an adjustment of the price and turnaround time.
Article 8. Client obligations
The client shall ensure that Tekenpunt has timely access to all information, documents and data necessary for the proper performance of the assignment. This includes, without limitation, accurate dimensions and measurements of the existing situation, ownership information, cadastral data and any existing drawings.
The client warrants the accuracy, completeness and reliability of the information provided by them. Incorrect or incomplete information may result in additional work and delays, which shall be charged to the client.
The client is responsible for informing Tekenpunt in a timely manner of any relevant changes to the situation or the project.
Tekenpunt is not liable for loss arising as a result of incorrect or incomplete information provided by the client.
Article 9. Liability
Tekenpunt performs assignments with the care expected of a professional drawing office. Tekenpunt is not liable for loss arising from:
- The refusal of a building permit by the municipality or aesthetic review committee. Tekenpunt provides technical and architectural expertise, but the granting of a permit is a decision of the competent authority. Submitting an application does not guarantee that a permit will be granted.
- Incorrect or incomplete information provided by the client.
- Loss arising from unlawful use of the delivered drawings or documents.
- Indirect loss, consequential loss, loss of profit or reputational damage.
- Failures of third parties engaged by Tekenpunt.
Article 9 (continued). Limitation of liability
The liability of Tekenpunt shall at all times be limited to the amount paid out in the relevant case by Tekenpunt's professional indemnity insurance. If the insurer does not make payment or the loss is not covered by the insurance, liability shall be limited to the invoice amount for the relevant assignment.
Claims for compensation lapse if the client has not notified Tekenpunt of its liability in writing within 30 days of discovering the loss.
This limitation of liability does not apply in the event of wilful misconduct or gross negligence on the part of Tekenpunt.
Article 10. Intellectual property
All drawings, designs, calculations and other documents produced by Tekenpunt remain the intellectual property of Tekenpunt unless otherwise agreed in writing.
Upon full payment, Tekenpunt grants the client a non-exclusive licence to use the drawings for the purpose for which they were produced, being the submission of a permit application and the realisation of the relevant renovation.
The client is not permitted to reproduce, duplicate, publish, sell or make available to third parties for reuse any drawings or designs without the prior written consent of Tekenpunt.
For as long as an outstanding invoice has not been paid in full, the client may not use the drawings provided.
Article 11. Cancellation
In the event of cancellation of an assignment by the client after acceptance of the quotation, the following costs are due:
Costs already incurred and hours already worked by Tekenpunt will always be charged in full. For work already carried out, the agreed hourly rate or the corresponding proportion of the project price applies.
Cancellation must be communicated to Tekenpunt in writing. The cancellation date is the date on which the written notice is received.
- Cancellation before commencement of work: the deposit will be retained to cover administrative costs and reserved capacity.
- Cancellation after commencement of work: all costs incurred and hours worked up to that point will be charged. This may amount to the full invoice amount if the work is at an advanced stage.
Article 12. Complaints
Complaints regarding the performance of the assignment or the delivered drawings must be reported to Tekenpunt in writing as soon as possible and no later than 14 days after delivery. After this period, the right to complain lapses.
Complaints do not entitle the client to suspend payment.
Tekenpunt endeavours to handle complaints within 14 days of receipt. If a complaint is found to be justified, Tekenpunt shall, at its own discretion, redo the work, grant a reduction on the invoice or pay compensation, up to a maximum of the invoice amount.
Article 13. Governing law and disputes
All agreements between Tekenpunt and the client are governed exclusively by Dutch law.
Disputes are preferably resolved by mutual agreement. If the parties are unable to resolve a dispute amicably, it shall be submitted to the competent court in the district of Amsterdam, unless mandatory law designates another court.
For consumers (private individuals), the mandatory provisions of Dutch consumer law apply. In the event of any conflict between these terms and statutory consumer rights, the statutory rights shall prevail.