General terms and conditions of contracting and sale for contracts from January 1, 2025, TNS Lansdaal.
Our general terms and conditions of contracting and sale apply to all our quotes and agreements, of which they form an integral part. By approving the quote, the customer also agrees to the general terms and conditions of contracting and sale of TNS Lansdaal tiling and sanitary ware, hereinafter referred to as TNS.
2. Quotes are always based on provisional quantities = VH (plans, measurements for renovation work, quantities provided by the customer, quantities stated in supplier quotes, etc.), while actual quantities = WH are invoiced (measurements after completion of work, actual delivered quantities). Estimates and estimates are never binding.
3. The installation prices listed in our quotes are for first-choice tiles with the lowest tolerances for dimensions, squareness, and flatness, installed on substrates (screed, plaster, etc.) of flatness class 1. They are only valid after inspection of the substrate (screed, plaster, etc.) and the tiles to be installed. Any additional costs are the responsibility of the customer. TNS also reserves the right to refuse installation.
4. The amounts stated in our price quote or in our construction contracts are always exclusive of VAT. VAT is always the customer's responsibility.
5. Quotations are always non-binding. In the event of errors, typographical errors, or omissions, TNS is not bound by them, and the customer accepts that TNS can issue an invoice at the correct price/quantity. Price increases by third-party suppliers after the agreement has been concluded are and remain the responsibility of the customer, regardless of the period elapsed between the date of conclusion of the agreement and its execution.
6. If the customer only partially approves the quotation and/or makes changes when approving it, TNS may review the rates of the quotation in question.
7. If the quote is returned to us signed for approval, we will include your work in our schedule and order the necessary materials. If the quote selection is subsequently changed, we will charge for the materials ordered.
8. Sold goods will not be returned or exchanged unless otherwise agreed between the seller and the buyer. In that case, a depreciation will be applied to cover the costs incurred.
9. Cancellation of an approved quote, either before the start of work or during its execution, will result in a fixed compensation of 20% of the total amount of the quote in question. Any materials already ordered/delivered or work already completed will also be charged.
10. If we terminate or cancel the agreement ourselves, or if the agreement is terminated due to our actions, the customer, if they are a consumer, is entitled to the same compensation from us. Should the customer make a claim, the amount of any profit TNS could have gained from the contract will be set at 10% of the cancelled work.
11. In accordance with legal requirements, it is the client's responsibility to appoint a safety coordinator and obtain the necessary permits. Any provisions imposed by the safety coordinator that were unknown at the time the quote was submitted are not included in our quote, unless otherwise stated. These provisions will be charged to the client.
12. TNS will invoice 40% upon acceptance of the quote, 30% upon commencement of work, and 30% upon completion. TNS will offset all paid advances and interim invoices (partial invoices) when preparing the final invoice. In the event of non-payment, TNS may suspend work until all outstanding invoices have been paid in full. Continued non-payment will be considered a cancellation.
13. Delivery and execution times are always communicated without obligation. Any delay cannot give rise to termination or cancellation of the agreement, nor does it entitle the customer to any compensation, suspend payment obligations, and/or refuse to accept goods. If the customer refuses to immediately accept goods presented correctly and undamaged, the resulting costs, such as freight, storage, and unnecessary travel expenses, will be borne by the customer.
14. In the event of force majeure, TNS may justify an extension of the delivery and execution period, without the customer being entitled to compensation. Examples of force majeure include: accidents, adverse weather conditions, strikes, labor and material shortages, illness, power and utility outages, supplier delays, and any other event that constitutes an insurmountable obstacle or forces us to temporarily or permanently suspend work.
15. If the agreed delivery and execution deadline for the work is postponed by the client (owner / site manager / works coordinator / architect), TNS may invoice for materials already ordered for the site and/or charge storage costs, and the client is liable for compensation of €25/day for lost profits. TNS will determine when it can resume the work, without any compensation for delay being due.
16. If the customer requests additional work during the execution of the works, either modifications or additional work, TNS is entitled to an extension of the execution period.
17. When ordering tiles, a 15% cutting loss allowance is always added based on the size of the materials to be installed, the surface area and complexity of the spaces where the materials will be placed, breakage during transport on site and installation, cutting waste from laying patterns, etc.
If the customer purchases materials themselves, they must take this into account. If, upon execution, it turns out there are insufficient materials, TNS cannot be held liable. Any additional work resulting from this will be carried out on a time-and-materials basis.
18. The client is responsible for obtaining the necessary permits and insurance for the entire duration of the work. TNS is not required to take any special precautions or conduct a preliminary investigation in this regard. Failing this, any compensation, remedial measures, or fines will be borne entirely by the client.
19. Electricity, running water, and, if necessary, a lift will be provided for the execution of the work at the customer's expense. If the goods and materials cannot be transported by lift, the customer will have to bring them to the location themselves. Space for cleaning our work equipment must also be available. There must also be a suitable area for cutting tiles and/or carrying out other work. The customer is responsible for covering the floors, stairs, lift, etc. Self-adhesive masking fleece is recommended.
20. The client must provide a parking space of at least 10 meters and 3 meters wide on the site. If this parking space is located on a public road, the client is responsible for all necessary taxes and permits. Necessary leveling and embankment of the terrain are the client's full responsibility.
21. The necessary stairs or ladders must be available on site so that all floors are safely accessible.
22. Unless otherwise agreed in writing, the risk passes to the customer after delivery/installation of the goods. The customer is liable for any damage to and theft of the goods from the moment of delivery to the site. The customer must take out adequate insurance for all of this, including against fire and storm damage, all of which is in our favor.
23. The site must be completely cleared, with dirt and debris removed (surface brushed clean). Stairs, walls, doors, etc., must be masked off by the customer. It must be windproof and lockable. The site must also be frost-free. When applying sprayed PUR, the surface must be dry and free of all dirt (vacuumed). A temperature of at least 5°C is required.
24. No other work may be carried out during our work. This also applies to the drying time after installation.
25. If there are pipes in the wall or underground, you are required to report these to us by marking them on the plan or have them located by a specialized company. Otherwise, we are not responsible for any drilling or damage to the pipes and any potential consequences.
26. We guarantee the tiles we install, provided they are placed on a surface we approve (screed, plaster, etc.). The surface must be dry, clean, dust-free, and free of plaster residue. If the surface is not suitable, we will clean it on request. The tiles delivered may have slight variations, for which we cannot be held responsible.
27. Any cracks that appear in the floor or tiling as a result of the building settling cannot be held our responsibility.
28. If, during the execution of the work, our staff is asked to assist with moving furniture or any other objects, this will be done entirely at the customer's own risk. No compensation may be claimed from us for breakage or damage of any kind, as the premises must, in principle, be completely vacated. The working hours for this will be charged.
29. The installed floor may only be walked on after a drying period of approximately 2 to 3 days (without any load). After 14 days, the floor may bear an initial, well-distributed load (no point loads). The floor may only be definitively put into use after a minimum of 28 days, and the underfloor heating can be gradually started. During the 28-day drying period, the use of construction dryers and external heating devices is prohibited to prevent the grout from "burning." Damage resulting from carelessness and/or walking on the floor too early is the full responsibility of the client, as are any repair costs.
30. If tile adhesive consumption exceeds expectations due to deep profiling on the underside of the tile or bulging, the customer will be responsible for the excess consumption. If additional tiles and/or skirting boards need to be ordered, these will be charged to the customer.
31. Joints sealed with a flexible sealant are by definition maintenance joints. This means they must be checked regularly by the customer. TNS cannot be held responsible for the loosening of the sealant joints.
32. We determine the placement and number of expansion joints. If the customer does not want these, we cannot be held responsible for any cracks or fissures in the floor.
34. Additional work that could not have been foreseen when viewing the project will be carried out in consultation and invoiced as additional work.
35. The parties waive the acceptance formalities upon taking possession of the work after completion of the work. This constitutes approval of the work, unless a valid dispute is submitted by registered letter within eight days of completion of the work.
36. The invoice serves as proof of warranty for the customer with respect to TNS. The warranty period begins on the date stated on the invoice. This warranty does not apply if the defect results from premature commissioning, improper use, external causes, improper maintenance, or normal wear and tear.
37. Liability with regard to the products supplied and used is limited to the warranties and guarantees provided by the manufacturer.
38. All our invoices must be paid within 7 days, unless a different due date is stated on the invoice. If payment is not received after multiple reminders, late payment interest of 10% will be due from the end of the payment term until the invoice date. Fixed fees will also be charged.
· Debts less than or equal to 150 euros 20 euros
· Debts between 150.01 and 500 euros: 30 euros + 10% of the amount due.
· Debts over 500 euros: 65 euros + 5% of the amount owed with a maximum of 2000 euros.
To cover accounting and administrative expenses resulting from late payment. All collection costs are not included in this lump sum compensation and are the customer's responsibility.
39. Disputes regarding deliveries, performance, or invoicing must be submitted within 7 days of delivery, performance, and/or invoicing by registered letter. We are not liable for visible defects notified after the aforementioned period. The contract cannot be terminated on this basis. A complaint does not under any circumstances suspend the buyer/client's payment obligation. All delivered goods remain the property of TNS until they have been paid for in full. Hidden defects that are not covered by the specific statutory warranty rules must be invoked within one year of performance.
40. If TNS decides to conduct an expert assessment following a complaint from the client, the costs of the experts will be borne by the client.
41. All disputes relating to invoices, deliveries or work to which they relate shall fall under the exclusive jurisdiction of the courts of the district in which our registered office is located.
Liability after delivery
After the day on which the work is deemed completed, the contractor is no longer liable for any defects in the work. 2. The provision in the first paragraph is subject to an exception if a defect exists:
42. These general terms and conditions of contract and sale may be supplemented or confirmed by additional conditions attached to our quotations and order confirmations, of which they form an integral part.
43. The invalidity, nullity, and/or unenforceability of one or more provisions described in these terms and conditions does not affect the validity and enforceability of the other provisions. Dutch law applies to everything not explicitly covered in these general terms and conditions of contract and sale.
TNS Lansdaal
President kennedystraat 31
5321 TH Hedel
Chamber of Commerce 85228567
Btw ID NL169931508 1B
Email: info@tnslansdaal.nl
Site: www.tnslansdaal.nl