{"id":959,"date":"2019-10-31T14:53:08","date_gmt":"2019-10-31T13:53:08","guid":{"rendered":"https:\/\/vrm.nl\/algemene-voorwaarden\/"},"modified":"2026-09-11T14:00:36","modified_gmt":"2026-09-11T12:00:36","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/vrm.nl\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":" \n

You can also download the conditions below as a PDF file<\/strong>: click here<\/strong><\/a>. <\/p> \n \n

METAALUNIE CONDITIONS<\/strong>January 1, 2025 General terms and conditions of delivery issued by Koninklijke Metaalunie, filed with the registry of the Rotterdam District Court.<\/p> \n \n

Article 1: Applicability<\/strong>1.1. The Metaalunie member using these conditions is referred to as the contractor. The counterparty is referred to as the client.1.2. These conditions apply to all offers made by a Metaalunie member, to all agreements one concludes, and to all agreements resulting therefrom, insofar as the Metaalunie member is the contractor.1.3. In the event of a conflict between a provision of the concluded agreement and these conditions, the provision of the agreement shall prevail.1.4. Only Metaalunie members may use these conditions. <\/p> \n \n

Article 2: Offers<\/strong>2.1. All offers from the contractor are without obligation and revocable, including offers that include a term for acceptance. The contractor has the right to revoke his offer up to two working days after the day the acceptance reached him.2.2. The prices stated by the contractor in the offer are expressed in euros, exclusive of VAT and other government-imposed levies or taxes. Furthermore, the prices exclude travel, accommodation, packaging, storage, and transport costs, as well as costs for loading, stowing, unloading, and assistance with customs formalities.2.3. Unless otherwise stipulated, the offer does not include:a. earthworks, piling, hacking, breaking, foundation work, carpentry, plastering, painting, wallpapering, repair work, or any other structural work;b. the installation of connections for gas, water, electricity, internet, or other infrastructure facilities;c. measures to prevent or limit damage, theft, or loss of items present at or near the work site;d. removal of materials, soil, construction supplies, or waste;e. vertical and horizontal transport. <\/p> \n \n

Article 3: Confidentiality<\/strong>3.1. All information provided by or on behalf of the contractor to the client (such as offers, designs, images, drawings, and know-how) of whatever nature and in whatever form is confidential. The client shall use this information only for the execution of the agreement. One shall not disclose or reproduce the information.3.2. If the client breaches an obligation from paragraph 1, one shall owe an immediately payable penalty of \u20ac25,000 per violation. The contractor may claim this penalty in addition to compensation for damages under the law.3.3. At the first request, within a period set by the contractor, the client must, at the contractor’s choice, return the information from paragraph 1 or destroy it in a manner to be determined by the contractor, without being allowed to retain a copy in any form. In the event of a violation of this provision, the client shall owe the contractor an immediately payable penalty of \u20ac1,000 per day. The contractor may claim this penalty in addition to compensation for damages under the law. <\/p> \n \n

Article 4: Advice and information provided<\/strong>4.1. The client cannot derive any rights from advice and information from the contractor that do not relate to the assignment.4.2. If the client provides information to the contractor, the contractor may assume its accuracy and completeness when making an offer and executing the agreement.4.3. The contractor is not obliged to warn about, or independently investigate, any inaccuracies in the assignment, defects and unsuitability of items originating from the client and errors or defects in plans, drawings, calculations, specifications, or execution instructions provided by the client,4.4. The client indemnifies the contractor against any claim from third parties in connection with (the use of) information provided by or on behalf of the client. This includes, among other things, advice, instructions, drawings, calculations, designs, materials, brands, samples, and models. The client shall compensate all damage suffered by the contractor. This also includes the full costs of defense. <\/p> \n \n

Article 5: Delivery time<\/strong>5.1. All delivery times, including a delivery date, week, month, term, or execution period in these conditions, are indicative. In the event of an overrun, the client must always give the contractor notice of default.5.2. The delivery time applies only when the client and contractor have reached agreement on all commercial and technical details in a timely manner, all information, including final and approved drawings and the like, is in the possession of the contractor, all items to be made available by the client have been received by the contractor, the agreed (installment) payment has been received on time, and the other conditions for the execution of the assignment have been met. If the delivery time no longer applies, the contractor may determine a new delivery time, taking his planning into account.5.3. The delivery time no longer applies if there are circumstances other than those known to the contractor when one specified the delivery time and those circumstances are for the account and risk of the client, including changes to the assignment, additional or less work, or suspension by the contractor. If the delivery time no longer applies, the contractor may determine a new delivery time, taking his planning into account.5.4. The client must compensate the contractor for all costs and damage incurred or suffered by the contractor as a result of a change in the delivery time as referred to in paragraph 2 and paragraph 3, without a notice of default being required.5.5. Exceeding the delivery time does not entitle the client to compensation or full or partial dissolution. The client indemnifies the contractor against claims from third parties as a result of exceeding the delivery time. <\/p> \n \n

Article 6: Delivery and transfer of risk<\/strong>6.1. Delivery takes place at the moment the contractor makes the item available to the client at his business location and has notified him of this. From that moment on, the item is at the client’s risk.6.2. If, after concluding the agreement, the contractor nevertheless takes care of the transport in whole or in part at the client’s request or assists the client in this (such as storage, loading, stowing, or unloading), this is for the client’s account and risk. The client can insure himself against these risks.6.3. If, after delivery, transport is carried out by or on behalf of the client and the contractor must have access to (transport) documents in the client’s possession, the client must make those documents available to the contractor free of charge at the first request.6.4. In the event of a trade-in and the client retains the item to be traded in pending delivery of the new item, the risk of the item to be traded in remains with the client until the moment one has placed it in the contractor’s possession. If the client cannot deliver the item to be traded in in the state it was in when the agreement was concluded, the contractor may dissolve the agreement in whole or in part. <\/p> \n \n

Article 7: Price change<\/strong>The contractor may pass on an increase in cost-price-determining factors that occurred after the conclusion of the agreement to the client. The client must pay the price increase at the first request of the contractor. <\/p> \n \n

Article 8: Force majeure<\/strong>8.1. If the contractor cannot fulfill his obligations due to a circumstance beyond his actual control, this cannot be attributed to him and constitutes force majeure. In that case, the contractor is not liable for the damage suffered by the client as a result. Except as provided in the fourth paragraph of this article, the client is also not authorized to dissolve the agreement in that case in whole or in part.8.2. The circumstances referred to in the first paragraph of this article include in any case (danger of) (civil) war, terrorism, riot, outbreaks of infectious diseases and the resulting government measures or advice, natural disasters, extreme weather conditions, import or trade restrictions, explosion, fire, water damage, sabotage, cybercrime, disruption of digital infrastructure, failures in the supply of energy, (partial) loss, theft or loss of tools, materials or information, defects in machines, road blocks, blockades of railways, waterways or airports, strikes or work stoppages, personnel shortages and the circumstance that third parties engaged by the contractor, such as suppliers, subcontractors and transporters, or other parties on which the contractor depends, do not fulfill their obligations or do not do so on time.8.3. The contractor has the right to suspend the fulfillment of his obligations if one is temporarily prevented by force majeure from fulfilling his obligations towards the client. When the force majeure situation has ended, the contractor will fulfill his obligations as soon as his planning allows.8.4. If there is force majeure and fulfillment is or becomes permanently impossible, or the temporary force majeure situation has lasted more than six months, the contractor is authorized to dissolve the agreement in whole or in part with immediate effect. In those cases, the client is authorized to dissolve the agreement with immediate effect, but only for that part of the obligations that has not yet been fulfilled by the contractor.8.5. Parties have no right to compensation for damage suffered or to be suffered as a result of force majeure, suspension, or dissolution within the meaning of this article. Article 9: Additional work<\/strong>Additional work is calculated on the basis of the prices applicable to the contractor at the time the additional work is performed. The client must pay the price of the additional work at the first request of the contractor. <\/p> \n \n

Article 10: Execution of the work<\/strong>10.1. The client shall ensure that the contractor can perform his work safely, undisturbed, uninterruptedly, and at the agreed time. The client shall in any case ensure at his own account and risk that:a. all permits, exemptions, and other decisions necessary to carry out the work have been obtained in a timely manner. The client is obliged to provide the contractor with a copy of the aforementioned documents at the first request;b. he informs the contractor in writing and in a timely manner about all (safety) regulations applicable at the location;c. the contractor has access to the necessary auxiliary persons, tools, and facilities (such as gas, water, electricity, internet, access roads suitable for any necessary transport, lifting and hoisting cranes, sanitary facilities, and a lockable dry storage space) during the execution of his work;d. all work necessary for the execution of the work that does not belong to the agreement has been carried out in a timely manner.10.2. The client bears the risk and is liable for damage to and theft or loss of all items located at or near the place where the work is performed or at another agreed place, such as the item delivered or to be delivered, tools, materials intended for the work, or equipment used in the execution of the work. This does not apply if the client proves that the damage, theft, or loss was caused by the contractor himself.10.3. Without prejudice to the provisions of paragraph 2 of this article, the client must insure himself sufficiently against the risks mentioned in that paragraph. In the event of damage, the client is obliged to report this immediately to his insurer for further handling and settlement. <\/p> \n \n

Article 11: Completion of the work<\/strong>11.1. The work is considered completed when:a. the client has approved the work;b. the work has been put into use. If part of the work has been put into use, that part is considered completed;c. the contractor has notified the client in writing that the work is finished and the client has not reported in writing within 14 days after the day of this notification that the work has not been approved;d. the client does not approve the work on the basis of minor defects or missing parts that can be repaired or delivered within 30 days and that do not prevent the work from being put into use.11.2. The contractor is not obliged to provide the client with a file within the meaning of Article 7:757a of the Dutch Civil Code regarding the construction work created and to be delivered (a ‘transfer or completion file’).11.3. If the client does not approve the work, he is obliged to make this known to the contractor in writing, stating reasons. The client must give the contractor the opportunity to still complete the work. <\/p> \n \n

Article 12: Liability<\/strong>12.1. If the contractor is liable on any grounds whatsoever, that liability is at all times limited as determined in the following paragraphs.12.2. If the contractor has any insurance concluded by or on his behalf that provides coverage, the contractor’s obligation to compensate damage is limited to the amount paid out under this insurance in the relevant case.12.3. If the contractor has no insurance as referred to in the previous paragraph or no amount is paid out under such insurance for whatever reason, the obligation to compensate damage is limited to a maximum of 15% of the contract sum (excluding VAT). If the agreement consists of parts or partial deliveries, this obligation is limited to a maximum of 15% (excluding VAT) of the contract sum of the part or partial delivery in connection with which the contractor’s liability arose. In the case of a continuing performance contract, the obligation to compensate damage is limited to a maximum of 15% (excluding VAT) of the contract sum over the last twelve months preceding the event causing the damage. <\/p> \n \n

12.4. The following are not eligible for compensation:a. consequential damage. Consequential damage includes, among other things: stagnation damage, loss of production, lost profit, missed savings and subsidies, tax disadvantages, wasted costs, internal costs of the client, reduced goodwill and damage to reputation, fines, damage resulting from the client’s liability towards third parties, damage in connection with damage, destruction or loss of data or documents, transport costs and travel and accommodation costs, storage costs, costs for replacement equipment and labor, and costs in connection with recalls;b. damage to goods under custody. Damage to goods under custody is understood to mean damage caused by or during the execution of the work to items being worked on or to items located in the vicinity of the place where the work is being carried out;c. damage to or caused by or with equipment made available to the contractor;d. damage caused by the intent or willful recklessness of auxiliary persons or non-managerial subordinates of the contractor;e. damage to material supplied by or on behalf of the client, including as a result of improperly performed processing, mounting, assembly, or installation. The client can, if possible, insure itself against these damages. 12.5. The client shall indemnify the contractor against all third-party claims resulting from a defect in a product delivered by the client to a third party and of which the products or materials delivered by the contractor form a part. The client must compensate all damage suffered by the contractor in this context, including the full costs of defense.12.6. Any claim for compensation by the client shall lapse by the mere passage of twenty-four months after it arose, unless the client has brought the claim before the competent court before the expiry of that term. <\/p> \n \n

Article 13: Warranty and other claims<\/strong>13.1. Unless otherwise agreed in writing, the contractor guarantees the proper execution of the agreed performance for a period of six months after (completive) delivery, as further elaborated in the following paragraphs.13.2. If the parties have agreed on deviating warranty conditions, the provisions of this article apply, unless and insofar as this is in conflict with those deviating warranty conditions.13.3. The client must provide all cooperation free of charge for the investigation by or on behalf of the contractor of a complaint from the client about the performance carried out, failing which all rights of the client in connection with that complaint shall lapse.13.4. If the contractor has rejected a complaint about the performance carried out on good grounds, the client must compensate all costs reasonably incurred in connection with investigating the complaint.13.5. If the agreed performance has not been carried out properly, the contractor will choose whether to still perform it properly, replace the delivered item in whole or in part, or credit the client for a reasonable part of the contract sum.13.6. If the contractor chooses to still perform the performance properly or to replace the delivered item in whole or in part, the client shall in all cases offer him the opportunity to do so. The contractor himself determines the method and time of execution. If the agreed performance (partly) consisted of processing material supplied by the client, the client must supply new material at his own account and risk.13.7. Items repaired or replaced by the contractor must be sent to him by the client. Transport, shipping, and disassembly and assembly are for the client’s account and risk. In addition, travel, accommodation, and travel hours are for the client’s account. The contractor is authorized to demand security or advance payment for these costs.13.8. The contractor only has to implement the warranty once the client has fulfilled all his obligations.13.9. a. Warranty is excluded for defects resulting from:– normal wear and tear;– improper use;– maintenance not carried out or carried out incorrectly;– installation, (dis)assembly, modification, or repair by the client or by third parties;– defects in or unsuitability of items, materials, or aids originating from or prescribed by the client.b. No warranty is given on:– delivered items that were not new at the time of delivery;– the inspection, repair, and overhaul of items;– items for which a manufacturer’s warranty has been granted;– items for which a warranty has been granted to the client by third parties.13.10. The provisions of paragraphs 3 to 8 of this article apply mutatis mutandis to any claims by the client on the grounds of breach of contract, non-conformity, or any other ground whatsoever. <\/p> \n \n

Article 14: Duty to complain<\/strong>14.1. The client can no longer invoke a defect in the performance if he has not complained in writing to the contractor within fourteen days after he discovered the defect or reasonably should have discovered it.14.2. On pain of forfeiture of all rights, the client must have complained in writing to the contractor about the invoice within the payment term. If the payment term is longer than thirty days, the client must have complained in writing no later than thirty days after the invoice date. <\/p> \n \n

Article 15: Items not taken delivery of<\/strong>15.1. After the delivery time has expired, the client is obliged to actually take delivery of the item that is the subject of the agreement at the agreed place.15.2. The client must provide all cooperation free of charge to enable the contractor to deliver.15.3. Items not taken delivery of are stored at the client’s account and risk.15.4. In the event of a violation of the provisions of paragraph 1 or 2 of this article, the client shall, after the contractor has given him notice of default, owe the contractor a penalty of \u20ac250 per day per violation, with a maximum of \u20ac25,000. This penalty can be claimed in addition to compensation for damages under the law. <\/p> \n \n

Article 16: Payment <\/strong>16.1. Payment is made at the contractor’s place of business or to an account to be designated by the contractor.16.2. Unless otherwise agreed, payment takes place within 30 days after the invoice date.16.3. If the client does not fulfill his payment obligation, he is obliged to comply with a request from the contractor for payment in kind instead of payment of the agreed price.16.4. The client’s right to set off his claims against the contractor or to suspend the fulfillment of his obligations is excluded, unless there is a suspension of payments or bankruptcy of the contractor or the statutory debt restructuring scheme applies to the contractor.16.5. Regardless of whether the contractor has fully performed the agreed performance, everything the client owes or will owe him under the agreement is immediately payable if:a. a payment term has been exceeded;b. the client does not fulfill his obligations under Article 15;c. the client has not, on the basis of Article 17 of these conditionsprovided security at the first request;d. the client’s bankruptcy or suspension of payments has been applied for;e. attachment is levied on the client’s items or claims;f. the client (company) is dissolved or liquidated;g. the client (natural person) requests to be admitted to the statutory debt restructuring scheme, is placed under guardianship, or has died.16.6. In the event of late payment, the client owes interest on the amount to be paid to the contractor starting from the day following the day agreed as the final day of payment up to and including the day on which the client has fulfilled the payment. If the parties have not agreed on a final day of payment, the interest is due from 30 days after it becomes payable. The interest is 12% per year, but is equal to the statutory interest if this is higher. When calculating the interest, a part of the month is seen as a full month. Each time after the end of a year, the amount on which the interest is calculated is increased by the interest due for that year.16.7. The contractor is authorized to set off his debts to the client against claims of companies affiliated with the contractor against the client. In addition, the contractor is authorized to set off his claims against the client against debts that companies affiliated with the contractor have to the client. Furthermore, the contractor is authorized to set off his debts to the client against claims against companies affiliated with the client. Affiliated companies are all companies belonging to the same group within the meaning of Article 2:24b of the Dutch Civil Code and a participation within the meaning of Article 2:24c of the Dutch Civil Code.16.8. In the event of late payment, the client owes the contractor all extrajudicial costs with a minimum of \u20ac 75.-.These costs are calculated over the principal sum based on the following table:– over the first \u20ac 3,000.- 15%– over the excess up to \u20ac 6,000.- 10%– over the excess up to \u20ac 15,000.- 8%– over the excess up to \u20ac 60,000.- 5%– over the excess from \u20ac 60,000.- 3%The extrajudicial costs actually incurred are due if they are higher than follows from the above calculation.16.9. If the contractor is ruled in favor in whole or in large part in legal proceedings, all costs he has incurred in connection with these proceedings shall be for the client’s account.<\/p> \n \n

Article 17: Securities<\/strong>17.1. At the first request of the contractor, the client is obliged to provide sufficient security, in the contractor’s opinion, for all payments the client owes the contractor under the agreement. If the client does not comply with this within the set period, he will be in default immediately. In that case, the contractor has the right to dissolve the agreement and recover his damage from the client.17.2. The contractor remains the owner of delivered items as long as the client has not fulfilled his obligations under any agreement with the contractor, including claims such as damage, penalties, interest, and costs.17.3. If, after the items have been delivered to him by the contractor according to the agreement, the client has fulfilled his obligations, the retention of title regarding these items revives if the client does not fulfill his obligations under a later concluded agreement.17.4. As long as a retention of title rests on delivered items, the client cannot encumber or alienate them outside his normal business operations. This clause has property law effect.17.5. After the contractor has invoked his retention of title, he may retrieve the delivered items. The client shall provide all cooperation for this purpose.17.6. In the event of a violation of the provisions of paragraph 5 of this article, the client shall, after the contractor has given him notice of default, owe the contractor a penalty of \u20ac 250,- per day per violation, with a maximum of \u20ac 25,000.-. This penalty can be claimed in addition to compensation for damages under the law.17.7. The contractor has a right of pledge and a right of retention on all items he has or will have in his possession from the client for whatever reason and for all claims he has or might have against the client. <\/p> \n \n

Article 18: Intellectual property rights<\/strong>18.1. The contractor is considered the creator, designer, deviser, or inventor of the works, models, signs, or inventions created in the context of the agreement. The contractor has the exclusive right to apply for a patent, trademark, or model.18.2. The contractor does not transfer any intellectual property rights to the client in the execution of the agreement.18.3. If the performance to be delivered by the contractor (partly) consists of the delivery of computer software, the source code will not be transferred to the client. The client obtains a non-exclusive, worldwide, and perpetual user license for the computer software solely for the purpose of normal use and proper functioning of the item.18.4. The client is not permitted to transfer the license or to issue a sub-license. This provision has property law effect. Only in the event of resale of the item in connection with which the contractor has delivered the computer software does the license pass to the acquirer of the item under the same conditions and restrictions as included in this article, provided that the buyer of the item has accepted these conditions in writing.18.5. The contractor is not liable for damage suffered by the client as a result of an infringement of intellectual property rights of third parties.18.6. The client indemnifies the contractor against any claim from third parties regarding an infringement of intellectual property rights. Article 19: Transfer of rights or obligations<\/strong>The client cannot transfer or pledge rights or obligations under any article of these general terms and conditions or the underlying agreement(s), except with the prior written consent of the contractor. This clause has property law effect. <\/p> \n \n

Article 20: Termination or cancellation of the agreement<\/strong>20.1. The client is not authorized to terminate or cancel the agreement in whole or in part.20.2. The contractor may agree to a request for termination of the agreement. In that case, the client owes a compensation of at least 20% of the agreed or budgeted price. The contractor is authorized to demand a higher compensation or to set further conditions for his consent. <\/p> \n \n

Article 21: Applicable law and competent court<\/strong>21.1. Dutch law applies. The Vienna Sales Convention (C.I.S.G.) or any other international regulation from which exclusion is permitted does not apply.21.2. The Dutch civil court competent in the contractor’s place of business shall have exclusive jurisdiction over disputes arising from or related to the agreement. <\/p> \n","protected":false},"excerpt":{"rendered":"

You can also download the conditions below as a PDF file: click here. METAALUNIE CONDITIONSJanuary 1, 2025 General terms and conditions of delivery issued by Koninklijke Metaalunie, filed with the registry of the Rotterdam District Court. Article 1: Applicability1.1. The Metaalunie member using these conditions is referred to as the […]<\/p>\n","protected":false},"author":1,"featured_media":960,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-simpel.php","meta":{"_acf_changed":false,"wpai_generated_summary":"","footnotes":""},"class_list":["post-959","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nTerms and conditions - VRM<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/vrm.nl\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and conditions - VRM\" \/>\n<meta property=\"og:description\" content=\" You can also download the conditions below as a PDF file: click here. 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METAALUNIE CONDITIONSJanuary 1, 2025 General terms and conditions of delivery issued by Koninklijke Metaalunie, filed with the registry of the Rotterdam District Court. Article 1: Applicability1.1. 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