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1-1: These conditions apply to all agreements entered into by Glaseco B.V., established in Amsterdam, hereinafter referred to as Glaseco.
1-2: Special provisions that deviate from the conditions of Glaseco are only binding if they have been agreed in writing.
2-1: All offers and/or quotations are without obligation, unless expressly stated otherwise. The stated prices apply to delivery ex works or warehouse of Glaseco, excluding VAT and excluding any packaging, unless delivery is to private individuals, the stated prices include VAT.
2-2: Verbal offers by Glaseco or its subordinates are not binding, unless they have been confirmed by it.
2-3: Data in printed matter provided by Glaseco are subject to change without prior notice. They do not bind Glaseco.
Agreements or contracts with subordinate members of Glaseco’s staff do not bind the latter, insofar as they have not been confirmed by Glaseco. In this context, subordinate staff are all employees and staff who do not have a power of attorney.
4-1: The agreement for the purchase and sale of goods and/or performance of work only becomes binding for Glaseco after its confirmation.
4-2: Every agreement entered into with Glaseco contains the condition precedent that Glaseco will prove sufficient creditworthiness of the client, this solely at its discretion.
4-3: Data concerning the offered goods such as properties, dimensions, weights, etc., as well as data in printed matter, drawings, images, etc. provided by Glaseco with the offer, are not binding for Glaseco and are provided in good faith. The client is obliged to ensure that printed matter, drawings, images, etc. are neither copied nor provided to third parties, nor that the content thereof is communicated to third parties.
4-4: If during the execution of the Agreement it appears that it is necessary to change or supplement the work to be performed for proper execution, the Parties will adjust the Agreement accordingly in a timely manner and in mutual consultation.
4-5: If the Parties agree that the Agreement will be changed or supplemented, the time of completion of the execution may be affected.
Glaseco will inform the Client of this as soon as possible.
4-6: If the change or supplement to the Agreement will have financial and/or qualitative consequences, Glaseco will inform the Client of this in advance.
4-7: If a fixed fee has been agreed, Glaseco will indicate to what extent the change or supplement to the Agreement will result in an excess of this fee.
4-8: Notwithstanding paragraph 3, Glaseco will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Glaseco.
5-1: Glaseco only accepts the applicability of general terms and conditions of contract partners and/or third parties if these are expressly agreed in writing.
5-2: However, any applicability of the aforementioned general terms and conditions does not affect the applicability of the general terms and conditions of Glaseco, unless they conflict with the general terms and conditions of contract partners and/or third parties.
5-3: General terms and conditions are only accepted by Glaseco under the above conditions and only apply to the transaction intended for this purpose. Subsequent transactions will not automatically be processed again via these purchasing conditions.
6-1: Glaseco reserves all intellectual property rights to all designs, images, drawings and models etc. provided by it. Reproduction, publication and copying are only permitted with Glaseco’s express written permission.
6-2: The designs, images, drawings and models etc. referred to in the first paragraph remain Glaseco’s inalienable property and must be returned immediately upon Glaseco’s first request.
6-3: For each act performed in violation of this provision, the other party owes a fixed fine of € 5,000.00, without prejudice to Glaseco’s right to claim full compensation.
7-1: The agreed delivery times are not fatal terms, unless expressly agreed otherwise. In the event of late delivery, the client must give Glaseco written notice of default. The delivery times are fixed
7-2: If ordered goods have not been collected by the client after the delivery period has expired, these goods will be stored at his expense and risk.
7-3: Glaseco cannot be held liable for delays in delivery caused by the factory.
Each partial delivery, including the delivery of goods from a composite order, can be invoiced; in such a case, payment must be made in accordance with the provisions of the article “Payment”.
9-1: All agreements are always concluded on the basis of the prices applicable at the time of conclusion.
9-2: Price lists and advertising materials are subject to change and do not bind Glaseco.
9-3: If after the agreement the prices of wages, social security contributions, sales tax or import tariffs etc. are increased, or exchange rate fluctuations of both domestic and foreign currencies occur, even if these occur as a result of circumstances that could already be foreseen at the time of the offer, these can be passed on. If this occurs within three months after the conclusion of the agreement, both parties have the right to terminate the agreement.
9-4: If the price fluctuation amounts to more than 5% of the agreed transaction, both parties have the right to demand a full settlement.
Glaseco is entitled to request a down payment of at least 50% when entering into the agreement. If the agreement is terminated due to an attributable failure in the performance on the part of Glaseco, the client has the right to reimbursement of the down payment made, in addition to compensation, as further regulated in these conditions, of which in any case the statutory interest on the amount paid in advance by him forms part.
11-1: If the client cancels the order and/or refuses to accept the goods, he is obliged to accept and pay for the materials and raw materials already purchased by Glaseco, whether or not processed or finished, at cost price, including wages and social security contributions, and is furthermore obliged to Glaseco to pay full compensation for the work already performed. The client will also owe Glaseco the amount of 1/3 of the agreed price as compensation. The client is furthermore obliged to indemnify Glaseco against claims from third parties as a result of the cancellation of the order and/or refusal of the goods.
11-2: Without prejudice to the provisions of the previous paragraph of this article, Glaseco reserves all rights to demand full compliance with the agreement and/or full compensation.
12-1: The shipment will take place in the manner indicated by Glaseco. If the client wishes to receive a shipment in a different way, such as by express or fast shipping, the additional costs associated with this will be at his expense.
12-2: The terrain where the goods are to be delivered must be easily accessible and drivable and the surface must also be flat and sufficiently paved. The client must ensure that the location where he wishes to have the goods delivered can be reached by heavy traffic up to a maximum distance of 10 metres. The client will indemnify Glaseco against all damage and costs that may arise as a result of the location being inaccessible or difficult to reach by heavy traffic.
12-3: If the terrain and/or the access road to the terrain or building is insufficiently paved or is unsuitable for preparation by heavy traffic, Glaseco may terminate the agreement without having to consult with the client and the additional costs that arise as a result will be at the expense of the client.
13-1: Glaseco is not liable for the costs, damages and interest that may arise as a direct or indirect result of: Glaseco is not liable for cracks and/or loose stones that occur during or after installation; Force majeure, as further described in these conditions; Acts or omissions of the client, his subordinates, or other persons employed by or on behalf of him; Negligence of the client in the maintenance of the delivered goods; Damage to the delivered goods as a result of mechanical and chemical or biological influences from outside; Normal wear and tear of the delivered goods as a result of daily use; Discoloration of the delivered goods as a result of the effects of light; Any other external cause.
13-2: Glaseco is liable up to a maximum of the invoice value for damage to the work, accessories, materials and equipment, as well as to the work and/or property of the client and/or third parties, insofar as this is caused by the fault of Glaseco or of those employed by Glaseco on the work assigned to it.
13-3: Glaseco will in principle not be obliged to compensate for business and/or consequential damage suffered by a client, depending on the nature of the fault.
13-4: In the event of the discovery of asbestos, Glaseco is not responsible for its removal. In such cases, the client will be informed of the situation. The client must hire a company that specialises in the removal of asbestos. If this situation is discovered by Glaseco, Glaseco has the right to stop the work until the client has removed the asbestos.
14-1: During a further agreed period after delivery, Glaseco grants the client a written guarantee for material and manufacturing defects that occur during normal use. Glaseco’s guarantee does not apply if the defects are the result of improper use, of causes other than material and manufacturing defects. If the customer claims that the product is defective as a result of Glaseco’s error, Glaseco will send a service center to identify the problem. If the service center determines that the damage or defect is the result of improper use, the costs associated with the service visit will be charged to the customer.
14-2: For all goods and materials that Glaseco does not manufacture itself, it never grants more guarantee than is given to it by its supplier. Guarantee is only provided on delivered materials, but not on wages or hours, these are charged.
14-3: For sold and delivered goods with factory or importer’s or wholesale guarantee, only the guarantee provisions set by these suppliers apply.
14-4: The warranty does not include: goods to which modifications or self-repairs have been carried out without the written permission of Glaseco; consequences of weather anomalies and incorrect storage; consequences of the use of replacement parts or additional equipment that are not original Glaseco parts; minor deviations that do not affect the usability or value of the product.
14-5: The warranty does not apply if the customer orders and installs a product contrary to the advice of Glaseco or the factory that produces the product. For example, the installation of dark window and door colours on the sunny side is not recommended due to an increased risk of warping or discolouration. The customer bears this risk.
15-1: All materials to be processed must be of good quality, suitable for their intended purpose and meet the requirements set.
15-2: Glaseco gives the customer the opportunity to inspect the materials. The inspection must take place upon arrival at the work site (possibly on agreed samples) or at the first opportunity thereafter, provided that in the latter case the progress of the work is not jeopardized. Glaseco is authorized to be present at the inspection or to be represented.
15-3: The client is authorized to have the materials examined by third parties. The associated costs are for the client’s account, except in the event of rejection, in which case the costs are for the account of Glaseco. Materials made available by the client are deemed to have been approved.
15-4: Minor changes (e.g. minor model changes) of or to the materials supplied by Glaseco do not give reason for rejection.
16-1: The client is obliged to thoroughly inspect the work or goods for defects immediately after delivery and, if any are found, to inform Glaseco in writing immediately. If the client does not inform Glaseco of defects that could have been noticed during thorough inspection within 8 days after the day of delivery or completion, the client is deemed to agree with the condition in which the purchased goods were delivered or completed and any right to complain lapses.
16-2: Glaseco must be given the opportunity to check submitted complaints. If an agreement is reached, a written statement will be drawn up that must be signed by both parties.
16-3: If, in the opinion of Glaseco, the complaint is justified, Glaseco will either pay a fair compensation up to a maximum of the invoice value of the delivered goods, or replace the delivered goods free of charge after returning them in their original condition.
16-4: All warranty and repair work invoked by the client will only be carried out by Glaseco after the final invoice has been paid in full.
17-:1 The work only includes that which has been agreed in writing between the parties.
17-2: The client has the right to order changes to the work before or during its execution. Only additional work that has been ordered as such and in writing will be eligible for execution and settlement. The absence of a written order does not affect the claims of the client to the execution, or of Glaseco to the settlement thereof, if and to the extent that it can be proven by other means that the additional work has been ordered as such.
17-3: Costs incurred by Glaseco that are not its fault may be charged to the client.
The client authorises Glaseco to have the order carried out by a third party to be designated by him, at a time desired by Glaseco.
19-1: Changes to the original order, of whatever nature, made in writing or verbally by or on behalf of the client, which cause higher costs than could have been anticipated in the quotation, will be charged extra to the client.
19-2: Any changes to the execution of the order that the client subsequently requests after the order has been placed must be notified to Glaseco in good time and in writing. If the changes are given verbally or by telephone, the risk for the implementation of the changes is borne by the client.
19-3: Changes made may result in the delivery time agreed for the changes being exceeded by Glaseco beyond its responsibility.
20-1: Extraordinary circumstances, such as storm damage and other natural disasters, obstruction by third parties, obstruction in transport in general, complete or partial strikes, riots, war or threat of war both here in the country and in the country of origin of the materials, exclusions, loss or damage of goods during transport to Glaseco or the client, non-delivery or late delivery of goods by suppliers of Glaseco, export and import bans, complete or partial mobilization, obstructive measures by any government, fire, disruptions and accidents in the company or in the means of transport of Glaseco, or in the means of transport of third parties, the imposition of levies or other government measures, which entail a change in the actual circumstances, constitute force majeure for Glaseco, which releases it from its obligation to deliver or perform work, without the client being able to assert any right to compensation of any nature or however named.
20-2: In these or similar cases, Glaseco is entitled, entirely at its own discretion, to either cancel the purchase agreement or the agreement for the execution of work, or to suspend or amend it, respectively, until the extraordinary circumstances have ceased to exist, in which case the client is obliged to pay for any performance delivered.
21-1: As long as Glaseco has not received full payment in respect of an agreement between the parties with regard to the performance of work or the purchase/sale (including any damages, costs and interest included), the delivered goods remain the property of Glaseco.
21-2: Glaseco has the right to reclaim and take possession of these goods if the negligent client files for bankruptcy or is declared bankrupt, applies for or obtains a suspension of payments, the debt restructuring scheme pursuant to the Natural Persons Debt Restructuring Act is declared applicable to him or if all or part of his property or assets are seized.
21-3: All acts of disposal with regard to the goods sold and delivered are prohibited to the client as long as he has not met his payment obligations.
22-1: If the client in any way breaches his obligations, he will be in default for that reason alone, without any notice of default being required. Without prejudice to the provisions of the Civil Code, Glaseco will have the right in the event of breach to suspend his obligations under the concluded agreement, to declare the agreement dissolved in whole or in part without judicial intervention, at his discretion.
22-2: The parties have the right to dissolve the agreement with immediate effect, without judicial intervention, by registered letter if: The other party fails to fulfil one or more obligations arising from the agreement and after he has been granted a reasonable period to fulfil them. Furthermore, if the client fails to fulfil one or more obligations, Glaseco has the right, at his discretion, to suspend the performance of the agreement. The other party files for bankruptcy or is declared bankrupt, files for or obtains a moratorium, the debt restructuring scheme pursuant to the Debt Restructuring (Data-based Persons) Act is declared applicable to it or all or part of its property or assets are seized. The other party dies, is placed under guardianship or is dissolved. The other party ceases or transfers its business or intends to leave the Netherlands.
22-3: If Glaseco invokes paragraph 2 of this article, it is entitled to claim any amount owed by the client on the basis of services already provided by Glaseco in its entirety, without any warning or notice of default being required, all without prejudice to the right of Glaseco to compensation for costs, damages and interest.
23-1: Payments, including those in installments, must be made within 7 days of submission of the invoice, unless otherwise agreed in writing.
23-2: Glaseco is entitled, if payment of the amount due has not been received by it within the set term, to charge the client interest of 1.25% per month, calculated from the date of dispatch of the invoices.
23-3: Glaseco is furthermore entitled, in addition to the principal sum and interest, to claim from the client all costs, both judicial and extrajudicial, caused by the non-payment, including the costs of a lawyer, attorney, agent, bailiff and collection agency.
23-4: All judicial and extrajudicial costs to be incurred shall be borne by the client. The extrajudicial costs shall be calculated in accordance with the Voorwerk II report or, if this Report is no longer up to date, in accordance with the rates that will then be deemed reasonable by the Dutch Association for the Judiciary. The extrajudicial costs are also increased by all costs for legal advice and assistance.
23-5: The mere fact that Glaseco has secured the assistance of a third party demonstrates the size and the obligation to pay the extrajudicial costs.
All agreements concluded and/or actions performed by Glaseco are exclusively subject to Dutch law; these agreements and/or actions are deemed to have been concluded or performed in the Netherlands.
All disputes arising from the agreements concluded between the parties, including the mere collection of the amount owed, will be brought before the Civil Court of the place of business of Glaseco, if it so wishes, insofar as the Civil Court is legally authorised to do so.
26-1: These terms and conditions apply to all quotations, agreements and work relating to the installation of windows and doors.
26-2: The customer must ensure that all permits and approvals from the municipality and other competent authorities have been obtained before the work commences.
27-1: Obtaining the necessary building permits and any other required approvals is the responsibility of the customer.
27-2: If the installation cannot be carried out due to the lack of a permit or approval, the customer is obliged to reimburse all costs already incurred by the supplier.
28-1: The supplier will carry out the installation according to the agreed schedule, provided that the correct permits have been provided by the customer.
28-2: If there is a delay due to the lack of the required permits, the supplier has the right to postpone the installation without liability for
The customer must have a valid building insurance that provides cover for any damage during the installation. Glaseco is not responsible for any damage that is not covered by insurance.
Hidden defects must be reported to Glaseco in writing within 30 days after delivery. After this period, it is assumed that the customer has fully approved the work.