architectmetmodellen

Rev. H 9 February 2017 (translated)

General terms and conditions in relation to execution of work by Ekinetix B.V. (LLC, limited liability company):

General:

These conditions will form an integral part of the agreement in each tendered contract regarding the performance of work, except on the basis of a written mutual agreement between Ekinetix B.V. and the client which deviates from these conditions. In the event that one or more of the articles listed in these general terms and conditions are rendered null and void either in part or in their entirety, the applicability of the remaining articles will not be affected.

 

  1. All work performed or to be performed by Ekinetix B.V. falls under the 2013 revised version of ‘De Nieuwe Regeling 2011’ (The New Scheme 2011) (hereinafter to be referred to as DNR 2011). De Nieuwe Regeling (DNR) pertains to the legal relationship of the architect, engineer and/or advisor client.
  2. The commercial offer is valid for 30 days following the original offer, unless otherwise agreed upon in writing. A commercial offer is made on the basis of the relevant rules and regulations at the time of the commercial offer.
  3. Price and delivery time can only be guaranteed if all provided information is correct, accurately documented and shared in a timely manner.
  4. The order consists of a commercial offer signed by the client which is agreed upon by both parties and/or a submitted purchase order which refers to the latest drawn up version of the commercial offer, all contract documents which are indicated in the purchase order and all other specific arrangements which have been made between Ekinetix B.V. and the client.
  5. If the order entails that Ekinetix B.V. will monitor implementation of the work in question, unless otherwise specified that such monitoring will be conducted on a daily basis, Ekinetix B.V. is only liable for the periods during which they have provided supervision as specifically described in the order.
  6. Ekinetix B.V. does not cover CAR (All Risk) insurance unless explicitly agreed upon. Ekinetix B.V. recommends its clients to cover for All Risk insurance for works wherever possible.
  7. In the event that Ekinetix B.V., in accordance with article 6 of the DNR 2011, works with one or more consultancy firms, architecture firms or other third parties at the request of the client, Ekinetix B.V. will not be liable for the work done by the other parties, unless and insofar as Ekinetix B.V. has explicitly assumed liability. In such cases, the client is responsible for providing information from the third parties to Ekinetix B.V.
  8. The client and Ekinetix B.V. will handle all relevant information confidentially and will only use the provided information for the execution of the order. Ekinetix B.V. is authorised to use the order as a reference.
  9. Ekinetix B.V. will not be liable for delays and/or expenses which are beyond their control.
  10. All documents and other data records provided by Ekinetix B.V. to the client for approval (including designs) are automatically deemed to have been approved if the client does not make any unequivocal statements to the contrary within two weeks of the date of providing the order.
  11. In the event that Ekinetix B.V., in the context of the execution of the order, makes use of one or more other firms or experts, Ekinetix B.V. will be liable for the work done by those third parties.
  12. Ekinetix B.V. is authorised to change its rates. In the event that, under or pursuant to the relevant wage or price control provisions, the rates do change, those rates will come into effect on the first day of month wherein the provisions also come into effect. Rate increases will be communicated to the client in writing and will be applied to the work to be completed from that point forward.
  13. Stated rates and compensation for distance travelled in kilometres are valid up to 31 December of the current working year.
  14. Unless otherwise specified, travel expenses are offset as hours worked and there is no rate per kilometre. In other cases, compensation for each kilometre travelled for business will be in effect as specified in the order. Miscellaneous travel and lodging expenses are offset against current costs.
  15. Paid work which is completed by third parties commissioned by Ekinetix B.V. will have a surcharge of 5%.
  16. Hours worked are invoiced on a monthly basis, unless otherwise agreed upon.
  17. Working activities are based on a 5-day work week (Monday through Friday) and 8 hours of work a day during regular hours (7:00 – 18:00).
  • Work conducted outside of regular hours or on Saturday will have a 50% surcharge.
  • Work conducted on Sundays or on holidays will have a 200% surcharge.
  • No work will be conducted without permission from the client.
  1. Orders accepted with a specified price will be invoiced as follows:
  • 50% for the order
  • 50% for completed work
  1. Payment must be made within 30 days of receiving the invoice for the order, unless otherwise specified in writing. If the aforementioned payment deadlines are exceeded, statutory interest will be added.
  2. In the event that the client still fails to pay Ekinetix B.V. at that point, Ekinetix B.V. is entitled to cede its claim and the client is accountable for the associated costs, plus levied taxes. Furthermore, the client is responsible to pay all other receivables and costs owed to Ekinetix B.V.
  3. The client may, at any time, call upon Ekinetix B.V. to cease any further work activities in a written statement as long as a notice period of four weeks in advance is observed.
  4. In the event of disputes, the civil court of Rotterdam can settle for the two parties unless the parties agree to arbitrate.