Breitner
9.4 on Trustoo (27)
EN

Terms and conditions

Full text, version August 2026. This is a translation for your convenience. The Dutch text is the binding version. Prefer the short explanation? That is on the previous page.

Article 1. Definitions

  1. BREITNER: the building company carrying out the work, based in Noord-Holland.
  2. Client: the natural person not acting in the exercise of a profession or business who instructs BREITNER to carry out the work.
  3. Work: the building work BREITNER carries out under the agreement.
  4. Agreement: the quote accepted by both parties, including everything belonging to it.
  5. Terms: these terms and conditions.

Article 2. Applicability and order of precedence

  1. These terms apply to every quote and every agreement between BREITNER and a client.
  2. BREITNER provides these terms to the client before or when the agreement is concluded. The client can also read them on the website at any time and receive them free of charge on request.
  3. Where the agreement and these terms differ, the agreement prevails. Where these terms differ from the summary on the website, these terms prevail.
  4. Terms of the client do not apply unless BREITNER has accepted them in writing.

Article 3. The quote

  1. BREITNER issues the quote in writing. It sets out what the work involves, which materials are included, the price and the payment instalments.
  2. The quote is valid for thirty days, unless it states a different period.
  3. Work not in the quote is not included. In the quote BREITNER states as clearly as possible what is expressly excluded.
  4. There is no charge for the quote.
  5. If the quote states a target price rather than a fixed price, BREITNER warns the client in good time if that price is likely to be exceeded. The target price is not exceeded by more than ten per cent without the client having had the opportunity to limit or simplify the work.

Article 4. How the agreement is concluded

  1. The agreement is concluded when the client accepts the quote in writing or electronically.
  2. BREITNER records later agreements and changes in writing and confirms them to the client.

Article 5. Cooling-off period

  1. If the agreement was concluded away from BREITNER's business premises, for instance at the client's home, or exclusively by electronic means, the client has fourteen days to withdraw. That period starts the day after the agreement is concluded.
  2. Within those fourteen days the client can dissolve the agreement without giving a reason. A message by email or letter is enough. BREITNER confirms receipt.
  3. BREITNER only starts the work after the cooling-off period has ended, unless the client expressly requests in writing that it start earlier.
  4. If the client dissolves the agreement after work has started at their request, they pay for the part carried out at that moment, in proportion to the agreement as a whole.

Article 6. The price

  1. All amounts include VAT, unless expressly stated otherwise.
  2. If the VAT rate or another government levy changes after the agreement is concluded, the price is adjusted accordingly.
  3. If BREITNER works on a cost-plus basis, the hourly rate and the materials margin are stated in the quote. BREITNER keeps track of the hours spent and shows them on request.
  4. Prices of materials BREITNER has to purchase may be adjusted to the purchase price from three months after the agreement is concluded. BREITNER reports this beforehand and substantiates it. In that case the client may dissolve the agreement for the part not yet carried out.

Article 7. Extra and reduced work

  1. If the client wants to add or change something, BREITNER prepares an addition stating the price and the effect on the planning.
  2. BREITNER only carries out extra work after the client has agreed to it. BREITNER records that agreement in writing.
  3. BREITNER only charges an additional price if it has pointed out the need for it in good time, unless the client should have understood that need themselves.
  4. If work is dropped, the price is reduced by what BREITNER saves as a result.
  5. In an emergency where consultation cannot reasonably be awaited, for instance a leak or instability, BREITNER may do what is needed to limit damage. It reports this as soon as possible and charges only the actual costs.

Article 8. Duty to warn

  1. If BREITNER sees an error in the instruction, in information provided by the client, in a third party's design or in the existing condition of the building, it warns the client. It does so in writing, unambiguously and in good time.
  2. If the client wants to proceed as planned after that warning, BREITNER records this in writing. The consequences are then for the client's account.

Article 9. Planning and execution

  1. The agreement states a start date and an expected duration. That duration is an estimate and not a strict deadline, unless the parties expressly agree a strict date.
  2. BREITNER carries out the work with its own people. Where that is not possible for a particular part, it brings in a third party. BREITNER remains responsible for that work.
  3. If the planning threatens to run late, BREITNER reports this as soon as possible, with the reason and the new expectation.
  4. BREITNER works on working days between 07.00 and 17.00. Working at other times happens only by arrangement.
  5. BREITNER leaves the work area safe and tidy each day and removes its own building waste.

Article 10. What the client provides

  1. The client makes sure BREITNER can reach the work on the agreed days, and provides water and electricity free of charge.
  2. The client arranges the permits, exemptions and permissions required, including permission from an owners association or from neighbours. BREITNER thinks along and supplies the information it has.
  3. The client reports what they know about the condition of the building and about pipes, asbestos and structures that are not visible.
  4. The client removes loose belongings from the rooms being worked in. If something that should have been moved is left behind, BREITNER is not liable for damage to it.
  5. If the client supplies materials themselves, they bear the risk for the suitability and quality of those materials. BREITNER warns if it has doubts.
  6. If BREITNER cannot work because the client does not meet an obligation under this article, it may charge the resulting costs and waiting hours. It reports this beforehand.

Article 11. Handover and handover file

  1. BREITNER announces when the work is ready for handover. The parties inspect the work together.
  2. Anything not yet in order is recorded in the handover document. BREITNER repairs those points within a reasonable period.
  3. The work counts as handed over once the client has accepted it. Minor points that do not stand in the way of use do not prevent handover.
  4. On handover BREITNER provides a file about the work. It sets out what was carried out, which materials and installations were used, and what maintenance is needed. This provision cannot be departed from to the client's detriment.
  5. After handover BREITNER remains liable for defects not discovered at handover, unless those defects are not attributable to it. This provision cannot be departed from to the client's detriment.
  6. The handover date is the start date of the warranty.

Article 12. Payment

  1. The payment instalments are set out in the quote and follow the progress of the work. BREITNER does not ask for payment in advance for work that has yet to start.
  2. Invoices are paid within fourteen days of the invoice date, unless agreed otherwise.
  3. Extra work is invoiced with the next instalment after it is carried out, or on handover.

Article 13. Late payment

  1. If the client does not pay on time, BREITNER sends a reminder with a period of fourteen days to pay after all, free of charge.
  2. If the client still does not pay, they owe statutory interest and out-of-court collection costs according to the statutory scale.
  3. BREITNER may suspend the work while a due invoice is outstanding. It reports this beforehand and does not suspend where that would be unreasonable in the circumstances.
  4. Materials supplied by BREITNER that have not yet been paid for remain its property in so far as they can be removed without damage.

Article 14. Termination by the client

  1. The client may terminate the agreement in whole or in part at any time.
  2. On termination the client pays the agreed price, less the costs BREITNER saves as a result. BREITNER substantiates that calculation.
  3. BREITNER makes every effort to keep the saving as large as possible, for instance by cancelling orders or deploying people elsewhere.

Article 15. Suspension and termination by BREITNER

  1. BREITNER may suspend the work or end the agreement if the client fails to meet a material obligation and does not remedy this after a written notice with a reasonable period.
  2. If performance becomes impossible for a cause attributable to the client, BREITNER is entitled to the price for the part carried out and to compensation for the costs it has already incurred.

Article 16. Warranty

  1. BREITNER provides a warranty on the work. The terms per type of work and how to report a defect are set out in the warranty scheme, which forms part of the agreement.
  2. That warranty comes on top of the client's statutory rights and does not limit them.

Article 17. Liability

  1. BREITNER is liable for damage resulting from an attributable failure, according to the rules of the law.
  2. BREITNER is not liable for damage to existing parts of the building that does not result from its work, nor for damage caused by information the client supplied incorrectly or incompletely, provided BREITNER met its duty to warn.
  3. These terms do not limit BREITNER's liability any further than the law allows. In the case of intent or deliberate recklessness no limitation applies at all.

Article 18. Insurance and security

  1. Before the agreement is concluded, BREITNER informs the client in writing and unambiguously whether, and if so how, performance of its obligations is covered by insurance or another form of financial security. That information is in the quote.

Article 19. Force majeure

  1. If BREITNER cannot carry out the work for a cause not attributable to it, the work is postponed for the duration of that cause. Think of extreme weather, a government building ban or a supplier failing with no alternative available.
  2. If that situation lasts longer than sixty days, either party may end the agreement for the part not yet carried out. What has been carried out is settled.

Article 20. Complaints and disputes

  1. If the client is unhappy about something, they report it to BREITNER. BREITNER responds on the substance within fourteen days.
  2. If the parties cannot resolve it together, the dispute may be put before the competent Dutch court. These terms do not take that right away and do not prescribe arbitration.

Article 21. Personal data

  1. BREITNER processes the client's personal data in order to issue the quote, carry out the work and keep its records. How that works is set out in the privacy statement.
  2. BREITNER only publishes photos of the work if the client has given permission. That permission can be withdrawn at any time.

Article 22. Final provisions

  1. If a provision of these terms is void or is annulled, the remaining provisions continue to apply. The parties then replace it with a valid provision that comes as close to it as possible.
  2. BREITNER may amend these terms. For a current agreement, the version provided when it was concluded continues to apply.
  3. Dutch law applies to the agreement.
  4. These terms were drawn up in Dutch. Translations are provided for understanding. If a translation differs, the Dutch text applies.

Version August 2026. Questions about these terms? Call 06 40 88 66 58 or email info@breitnerbouw.nl. We are happy to explain.