Terms and Conditions

In these conditions the following definitions apply:

• the General Terms and Conditions: the present provisions
• Client: the person who enters into or wishes to enter into an agreement with Fortuin Isolatie (hereinafter: ‘FORTUIN’).
• Quotation: any written offer from FORTUIN to enter into an agreement with the Client
• Services: all work to be performed by FORTUIN to which the Quotation/agreement/invoice relates and, where appropriate, the products to be delivered by FORTUIN (material objects).
• delivery: the provision/execution of the Services by or on behalf of FORTUIN on behalf of the Client or a third party designated by it.
• in writing: by means of a document signed by both parties, a letter or e-mail message.

1. The General Terms and Conditions apply to every Quotation from FORTUIN and to every agreement between FORTUIN and the Client, unless expressly agreed otherwise in writing.
2. A reference by the Client to its terms and conditions is deemed not to have been accepted by FORTUIN and does not affect the exclusive applicability of the General Terms and Conditions.
3. An agreement is concluded on the day of signing the agreement by FORTUIN or on the day of the written order confirmation by FORTUIN.
4. Changes and additions to any provision in an agreement and/or the General Terms and Conditions can only be agreed in writing.
5. If a change and/or addition as referred to in paragraph 4 is agreed, this change or addition will only apply to the agreement in question, unless expressly stated otherwise.
6. Oral commitments by and agreements with employees of FORTUIN only bind FORTUIN to the extent that they have been confirmed in writing by FORTUIN.

1. All Quotations from FORTUIN are without obligation, unless expressly stated otherwise, and are valid for 2 months after the date.
2. The Quotation is mainly based on data provided by the Client.
3. The offer contains a complete and accurate description of the products and/or services offered, as well as an indication of a period in which the Services can be delivered. The description is sufficiently detailed to enable a proper assessment of the offer by the Client.
4. The Quotation includes the price structure that will apply to the work to be carried out.
5. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

1. During the period of validity stated in the Quotation, the prices of the Services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, FORTUIN may offer products or Services with variable prices, the prices of which are subject to fluctuations in the financial market and over which FORTUIN has no influence.
3. The price in the Quotation is a target price and may deviate by up to 10% (taking into account additional work).
4. The prices stated in the Quotation of Services include VAT.
5. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

1. FORTUIN will, except in cases of force majeure, deliver the Services properly and within the agreed period.
2. The delivery period starts on the date on which the agreement is concluded. If FORTUIN requires data or tools to be provided by the Client for the execution of the agreement, the delivery period commences on the day that all required data or tools are in the possession of FORTUIN, but not earlier than the date on which the agreement is concluded.
3. Exceeding the delivery time – for whatever reason – does not entitle the Client to compensation. The Client also does not have the right to terminate the agreement, unless the delivery period is exceeded to such an extent that the Client can no longer reasonably be expected to continue the agreement. The Client will inform FORTUIN of this in writing and with reasons. FORTUIN has the right to provide the Services within two weeks after termination.
4. FORTUIN will exercise the utmost care when receiving and performing the Services, and will comply with the applicable rules and regulations, in accordance with the requirements of BRL 2110 and URL 28-102 insofar as applicable.
5. FORTUIN has the obligation to inform the Client of the following:
– inaccuracies in the assigned work, including working on a surface that is unsuitable for carrying out the work and the consequences thereof
– inaccuracies in the constructions and working methods required by the Client
– defects in the movable property/object on which the work is carried out
– defects in or unsuitability of materials or resources made available by the Client
This is unless FORTUIN was not aware of these defects or inaccuracies or reasonably should not have been aware of them.
6. All drawings, designs, images, calculations, etc. from FORTUIN remain the property of FORTUIN.

1. The Client gives FORTUIN the opportunity to carry out the work freely.
2. All areas where the Services are to be provided must be clean, dry and sealed/sealed where necessary. If this is not the case, FORTUIN may invoke force majeure.
3. The Client ensures that FORTUIN has timely access to the approvals required for the work (such as permits, etc.) and the information to be provided for the work, including the location of pipes, sewers and the like, at least insofar as these are reasonably known to Client.
4. The Client provides FORTUIN with the water and electricity connections available to it for the purpose of the work.
5. The Client ensures that FORTUIN is not delayed because other work has not been carried out on time (by third parties). If a delay arises, the Client must inform FORTUIN of this as soon as possible.
6. If the Client invokes the warranty provisions as indicated in Article 15 of these terms and conditions, FORTUIN or an expert to be designated by it must be given the opportunity to conduct investigations, if necessary, in order to determine possible liability. a manner that is least burdensome for the consumer.
7. The Client must report defects in the work to FORTUIN in writing within two months after he discovered them or reasonably should have discovered them after delivery.
8. The Client bears the full risk for damage caused by
– inaccuracies in the work assigned by him to FORTUIN
– inaccuracies in the constructions and working methods required by the Client
– defects in the movable property on which the work is carried out
– failure or insufficient compliance with the provisions of point 2 of this article
– defects in materials or tools made available by the Client. – failure to notify FORTUIN of cables, pipes and wires or not to do so in a timely manner;
This does not affect FORTUIN’s obligation to warn the Client on the basis of the provisions of Article 5, paragraph 3.

The Client has the right to order additional or reduced work provided that the balance of the resulting settlements does not exceed 10% of the contract sum or target price. This must be agreed in writing. In the event of reduced work, the Client will be charged a reasonable compensation for the loss suffered by the Client, the amount of which depends on the extent of the reduced work. The compensation will not exceed 20% of the reduced price.

1. If the delivery period or the agreed time or period is exceeded by more than 7 working days without there being force majeure and without FORTUIN having informed the Client in advance with reasons, FORTUIN is obliged to compensate the Client for demonstrable direct damage suffered as a result. to be reimbursed, unless the excess cannot reasonably be attributed to him. The amount of the compensation is never higher than the amount for which the work is carried out.
2. The work has been completed when FORTUIN has informed the Client that the work has been completed and the Client has accepted the work at that time.
3. The work is considered to have been completed: – when no later than 7 working days have passed after the Client has received notification from FORTUIN that the work has been completed and the Client has failed to accept the work within that period; – when the Client puts the object on which the work has been carried out back into use, with the understanding that by putting part of the work into use, that part is considered to have been completed, unless the consequence associated with putting it into use (completion ) is not justified.

1. Unless otherwise agreed in writing, payment must be made within seven days of the invoice date stated on the invoice without discount or compensation. The Client does not have the right to suspend its payment obligation. This invoice contains a clear description of the Services performed.
2. The Client is never entitled to offset an obligation on its part, whether due or not, against an obligation of FORTUIN. A complaint from the Client does not suspend any payment obligation towards FORTUIN.
3. The Client is in default simply by expiring a payment term.
4. Without further notice of default, the Client owes interest of 1% per month or part thereof on all amounts not paid no later than the last day of a payment term from the invoice date. 5. If the Client has not paid the amount and interest due even after the expiry of a further payment term set by letter, all judicial and extrajudicial costs of FORTUIN will be borne by the Client. The extrajudicial costs are at least 15% of the invoice amount including VAT, with a minimum of € 500.

1. FORTUIN will issue a warranty certificate with regard to the Insulation work, if agreed. The provisions included in the warranty certificate apply with regard to the warranty for the insulation work. The warranty certificate may deviate from what is stated in the General Terms and Conditions, in such cases what is stated in the warranty certificate takes precedence.
2. The warranty expires for provisions as included in the warranty certificate if:
a. defects in the insulation work which are not reported in writing to FORTUIN, or not as soon as possible after they were discovered or could reasonably have been discovered
b. defects caused by an error, improper use or negligence on the part of the Client who placed the order or his legal successor, or by external causes
c. during the warranty period, without written permission from FORTUIN, an assignment of any kind has been given to a third party to make provisions for the insulation work carried out, or when such provisions have been made by the Client itself. This leads to an exception if the expiry of the warranty is not justified
d. During the warranty period, no periodic maintenance/inspection is carried out on facades and structures that require maintenance
e. moisture penetration unless an explicit guarantee has been given for this.
f. The Client has not fulfilled its payment obligations, with the understanding that the guarantee does not lapse if the Client cannot be blamed for failure to pay on time.

1. Force majeure means any circumstance independent of FORTUIN’s control – even if it could already be foreseen at the time the agreement was concluded – that permanently or temporarily prevents fulfillment of the agreement, as well as, to the extent not already including war, danger of war, terrorism, riot, strike, worker exclusion, transport difficulties, fire and other serious disruptions in the company of FORTUIN or its suppliers.
2. In the event of force majeure, FORTUIN is not obliged to pay compensation, even if FORTUIN may have any advantage as a result of the force majeure.
3. If FORTUIN cannot fulfill its obligations towards the Client due to force majeure, the obligations will be suspended for the duration of the force majeure situation. If a situation of force majeure lasts longer than three months, either party may terminate the agreement.
4. If there is good reason to fear that the Client is no longer able or willing to fulfill its contractual obligations towards FORTUIN, as well as in the event of bankruptcy, suspension of payments, closure, liquidation or full or partial transfer of the company of Client, FORTUIN is entitled to require appropriate security with regard to all contractual obligations and to suspend the agreement pending such security. If security is not provided within a reasonable period, FORTUIN is entitled to terminate the agreement. This provision applies accordingly in the event that the Client is in default.
5. If the Client does not fulfill the obligations under the agreement or related agreement, does not do so on time or does not comply properly, FORTUIN is entitled to terminate the agreement.
6. The provisions of paragraphs 4 and 5 do not affect FORTUIN’s right to claim compensation.

1. Insofar as the Services have been sold by FORTUIN to the Client on the basis of the quality description provided by FORTUIN’s supplier, FORTUIN is not obliged to do more than FORTUIN is entitled to in that case towards the supplier.
2. FORTUIN’s liability is in all cases limited to the purchase price of the Services.
3. FORTUIN is never liable for any other, direct or indirect, damage to the Client or third parties, including consequential damage, immaterial damage, business or environmental damage, unless, and in that case if and insofar as, any insurance taken out by FORTUIN provides cover for this.
4. The Client indemnifies FORTUIN against all claims from third parties, by whatever name, regarding compensation for damage, costs or interest, related to the Services or arising from the use of the Services.
5. Under penalty of forfeiture of its rights, the Client must have filed a legal action in writing within 1 year after the Client could reasonably have become aware of the grounds.

1. If part of the General Terms and Conditions is void or voidable, this will not affect the other provisions of the agreement. A provision that is wholly or partially void or voidable will be replaced by a provision that deviates as little as possible from the original provision.
2. Every legal relationship between FORTUIN and the Client is governed by Dutch law.
3. Application of the Vienna Sales Convention as well as, to the extent possible, of any other relevant existing or future treaty is excluded.
4. All disputes will be settled by the competent Dutch court.