GENERAL TERMS AND CONDITIONS FOR THE PURCHASE AND INSTALLATION OF (HYBRID) HEAT PUMPS
Applicability
1.1 These general terms and conditions (“GTC”) apply to all agreements between Alpha Ventilatie Eco B.V. (“Alpha”) and the Customer (“Customer”) concerning the sale and installation of an Alpha Ventilatie Eco B.V. heat pump (“Heat Pump”).
Installation Check
2.1 Before Alpha Ventilatie Eco B.V. can issue a quote, it will conduct an installation check at the Customer’s premises to assess if and how installation of the heat pump is possible (“Installation Check”). During the check, Alpha Ventilatie Eco B.V. may ask the Customer questions about the property and the central heating system.
2.2 The Customer is required to provide complete and accurate information during the Installation Check. Any inaccurate or incomplete information could impact the scope of installation work and costs charged by Alpha Ventilatie Eco B.V.
2.3 If, before, during, or after installation, it is found that the information provided by the Customer regarding the property and the central heating system is incorrect or incomplete, this will be at the Customer’s own risk and cost.
The Offer
3.1 Any offer or quotation from Alpha Ventilatie Eco B.V. is non-binding and serves only as an invitation for the Customer to place an order.
3.2 An agreement for the purchase and installation of a heat pump (“Agreement”) takes effect once Alpha Ventilatie Eco B.V. accepts the Customer’s order in writing or commences the work. If Alpha Ventilatie Eco B.V. performs work at the Customer’s request before an agreement is finalized, the Customer will compensate Alpha Ventilatie Eco B.V. at standard rates, payable upon receipt of an invoice.
3.3 Alpha Ventilatie Eco B.V. will exercise care in providing information regarding the specifications, properties, and other data of the heat pump but cannot guarantee that this information is entirely free from deviations. Displayed or available specifications are indicative only.
3.4 The Customer acknowledges that any savings estimated on the website, during the Installation Check, or in the offer are indicative. Actual savings depend on factors outside Alpha Ventilatie Eco B.V.’s control, such as climate variations, changes in heating habits, fluctuations in gas and/or electricity prices, and changes in tax laws or regulations.
3.5 Alpha Ventilatie Eco B.V. expressly excludes liability for factors mentioned in this article and other factors reasonably beyond its control.
3.6 The drawings, technical descriptions, designs, and calculations included in the offer and prepared by or for Alpha Ventilatie Eco B.V. remain the property of Alpha Ventilatie Eco B.V. They may not be shared with or shown to third parties to obtain a comparable offer, nor duplicated by the Customer or any third party.
The Agreement
4.1 After accepting an order, Alpha Ventilatie Eco B.V. reserves the right to cancel the order before delivery without any liability and without being required to state a reason. In such cases, Alpha Ventilatie Eco B.V. is only obligated to refund any advance payments already made by the Customer.
Right of Withdrawal
5.1 If the Customer purchases the heat pump remotely (e.g., online) as a consumer, the Customer has a statutory right of withdrawal as outlined in this section. A “consumer” is defined as a natural person acting outside their trade or profession.
5.2 The cooling-off period starts when Alpha Ventilatie Eco B.V. accepts the order in writing and continues up to 14 days after the acceptance of the offer (“Cooling-Off Period”). Within this period, the Customer may cancel the agreement without providing a reason.
5.3 If the Customer wishes to withdraw from the agreement within the cooling-off period, Alpha Ventilatie Eco B.V. may charge fees depending on the circumstances and timing of the cancellation:
- If the Customer withdraws within the cooling-off period, no fee is charged.
- If the Customer withdraws within the cooling-off period after the heat pump has been delivered but before installation, Alpha Ventilatie Eco B.V. may charge a return transportation fee of €250.
5.4 If the Customer decides to cancel the agreement outside the 14-day cooling-off period, a cancellation fee of 10% of the total amount, including VAT, will be charged. The invoice for this fee will be sent within 5 days of cancellation and must be paid within 14 days.
5.5 Once work has started and/or been completed, it is no longer possible to cancel the heat pump installation. The installation of the heat pump is irreversible, including making holes in the roof for the ventilation pipe. This requires careful planning, resources, and specialized craftsmanship, making it essential for the Customer to carefully consider whether heat pump installation is suitable before work begins.
5.6 If the Customer is absent on the installation day or fails to notify Alpha Ventilatie Eco B.V. in advance, a cancellation fee of €399 will be charged.
5.7 If, on the installation day, the Customer decides to cancel after the technicians have arrived on-site, 15% of the total amount, including VAT, will be charged.
Customer Obligations
6.1 The Customer must ensure that Alpha Ventilatie Eco B.V. or an installer appointed by Alpha Ventilatie Eco B.V. can carry out the installation of the heat pump without any obstructions. This may include modifications to the property, such as drilling holes in the roof or walls, to facilitate the installation.
6.2 The Customer is responsible for obtaining all necessary permits, approvals, and consents and making required notifications for the installation and use of the heat pump. If these are not obtained, the Customer bears full responsibility for any associated risks and penalties.
6.3 The Customer must provide Alpha Ventilatie Eco B.V. with access to necessary electrical and water connections for the installation of the heat pump.
6.4 The Customer must ensure that any work or deliveries not under the responsibility of Alpha Ventilatie Eco B.V. and conducted by third parties are completed on time and in such a way that they do not delay Alpha Ventilatie Eco B.V.’s work. If delays occur, the Customer must notify Alpha Ventilatie Eco B.V. at least 5 working days before the scheduled start of the work.
6.5 If the start or progress of Alpha Ventilatie Eco B.V.’s work is delayed or made partially or entirely impossible due to circumstances for which the Customer is responsible, resulting in damages to Alpha Ventilatie Eco B.V., the Customer is required to compensate for those damages.
6.6 The Customer also bears the risk of damage caused by:
- 6.6.1 Defects in materials or tools provided by the Customer.
- 6.6.2 Inaccuracies in information provided by or on behalf of the Customer.
- 6.6.3 An unsafe work environment.
6.7 The Customer has no right to copy, modify, reverse-engineer, disassemble, or otherwise alter or add to the heat pump or its components.
Scheduling
7.1 The delivery dates provided by Alpha Ventilatie Eco B.V. are indicative only and are not binding. These dates are targets and depend on actual deliveries from the manufacturer. Alpha Ventilatie Eco B.V. will endeavor to meet these dates as closely as possible but cannot be held responsible for delays beyond its direct control, such as delays from the manufacturer or other external factors.
Customer Obligations During Installation
8.1 Alpha Ventilatie Eco B.V. will carry out the heat pump installation work properly and in accordance with the Agreement.
8.2 If circumstances arise during installation that result in additional costs, Alpha Ventilatie Eco B.V. will inform the Customer as soon as possible of these cost increases and the reasons for them.
8.3 If Alpha Ventilatie Eco B.V. cannot reach the Customer, it will suspend installation work unless an unforeseen complication requires immediate action.
8.4 The Customer is required to cover any additional costs that Alpha Ventilatie Eco B.V. incurs due to an unforeseen complication requiring immediate action that is reasonably necessary to limit damages.
8.5 If the unforeseen complication does not require immediate action, Alpha Ventilatie Eco B.V. and the Customer will consult regarding the extra costs before Alpha Ventilatie Eco B.V. proceeds with any additional work.
Completion
9.1 The installation work on the heat pump is considered complete when Alpha Ventilatie Eco B.V. or an installer appointed by Alpha Ventilatie Eco B.V. informs the Customer that the work is finished and the Customer has accepted the work in the prescribed (digital) manner.
9.2 Additionally, the installation work is considered complete in the following cases:
- 9.2.1 Eight days have passed since the Customer received notification from Alpha Ventilatie Eco B.V. that the work is complete, and the Customer has not accepted or explicitly rejected the work within that period.
- 9.2.2 The Customer puts the heat pump back into operation.
Payment
10.1 The Customer is responsible for paying for the heat pump and its installation according to the payment terms outlined in the offer and upon completion of the work. As a general guideline: 50% of the quoted amount must be paid before the start of the work, but no later than 5 working days before the start. The remaining 50% is due after the installation is fully completed.
10.2 If payment is not made on time, Alpha Ventilatie Eco B.V. reserves the right to suspend installation work on the heat pump and any preparations until full payment is received.
10.3 Payment for other work, such as for unforeseen complications, must be made by the Customer no later than 14 days after the invoice date.
10.4 If the Customer fails to make timely payment, they are legally considered in default without further notice. Alpha Ventilatie Eco B.V. will send a single payment reminder after the payment due date has passed, advising the Customer of their default and giving them 14 days to make payment from the date of the reminder.
10.5 On any overdue payments, the Customer will owe interest at a rate of 1% per month from the invoice due date unless the statutory commercial interest is higher, in which case the statutory commercial interest applies. Interest will be calculated from the time the Customer is in default until the full amount is paid.
10.6 If the Customer is in default with payment of an invoice, Alpha Ventilatie Eco B.V. reserves the right to charge collection costs, calculated according to statutory regulations, with a minimum fee of €40.
10.7 Payments made by the Customer will first cover the interest and costs due and then the oldest outstanding invoices, even if the Customer indicates otherwise.
Retention of Ownership
11.1 Alpha Ventilatie Eco B.V. retains ownership of the delivered heat pump until the Customer has fulfilled all payment obligations in full.
11.2 As long as ownership of the heat pump has not been transferred to the Customer, the Customer may not pledge, transfer ownership, grant any rights to third parties, or otherwise encumber the heat pump.
11.3 If third parties seize the heat pump or seek to establish rights to it, the Customer must notify Alpha Ventilatie Eco B.V. as soon as possible.
11.4 The Customer agrees to keep the heat pump in good condition and clearly marked as the property of Alpha Ventilatie Eco B.V.
Warranty
12.1 Alpha Ventilatie Eco B.V. provides a warranty on the heat pump in accordance with the warranty terms specified in the offer and/or included warranty certificates.
12.2 The warranty applies solely to manufacturing and material defects in the heat pump during the warranty period unless otherwise stated in the warranty terms.
12.3 The warranty will be void if the Customer performs or arranges for modifications, repairs, or maintenance on the heat pump without prior written consent from Alpha Ventilatie Eco B.V.
12.4 Any warranty claims must be submitted in writing and within the warranty period to Alpha Ventilatie Eco B.V.
12.5 Alpha Ventilatie Eco B.V. will assess the validity of any warranty claim at its discretion. If the claim is justified, Alpha Ventilatie Eco B.V. reserves the right to repair or replace the heat pump or refund the purchase price partially or in full.
12.6 The warranty is non-transferable to third parties without prior written consent from Alpha Ventilatie Eco B.V.
12.7 The warranty does not cover damages or defects resulting from misuse, negligence, accidents, unauthorized repairs, improper installation, abnormal conditions, or any other cause not attributable to manufacturing or material defects.
12.8 For warranty claims, the Customer must provide the original invoice and warranty certificates.
Liability
13.1 Alpha Ventilatie Eco B.V. is not liable for any direct or indirect damages, including consequential damages, resulting from the use of the heat pump, unless caused by intentional misconduct or gross negligence by Alpha Ventilatie Eco B.V.
13.2 In no case will Alpha Ventilatie Eco B.V.’s liability exceed the purchase price of the heat pump.
13.3 The Customer is responsible for the proper and safe use of the heat pump and must follow Alpha Ventilatie Eco B.V.’s instructions and manuals carefully.
13.4 Alpha Ventilatie Eco B.V. is not liable for damages caused by incorrect installation, improper use, inadequate maintenance, or any other actions that conflict with the instructions and manuals of Alpha Ventilatie Eco B.V.
13.5 Drilling Holes
- 13.5.1 Despite using high-quality and advanced equipment to detect electrical cables, water pipes, beams, and other structural components, the Contractor cannot guarantee that no damage will occur to hidden pipes, cables, or structural elements during the work.
- 13.5.2 The Customer is responsible for providing accurate and complete information regarding drilling locations. If there is uncertainty about the location of cables, pipes, or other possible obstacles, the Customer is advised to consult the relevant building drawings.
- 13.5.3 The Contractor accepts no liability for damage to pipes, cables, or other hidden construction elements unless the damage results from intent or gross negligence by the Contractor.
13.6 Power Supply
- 13.6.1 The Customer must ensure that an adequate power supply is available at the worksite for the machinery used during the installation. This includes providing a working power outlet within a reasonable distance of the work area. If no power supply is available on the installation day, a follow-up appointment will be scheduled with an additional fee of €399.
- 13.6.2 If there is no suitable power supply within reach of the work area, the Customer is responsible for providing an alternative power source. The Contractor cannot be held liable for delays or additional costs resulting from the absence of a suitable power supply. See also Article 2.2.1.
Force Majeure
14.1 In the event of force majeure, Alpha Ventilatie Eco B.V. is not required to fulfill its obligations. Force majeure includes any circumstance beyond Alpha Ventilatie Eco B.V.’s control that wholly or partially prevents the fulfillment of its obligations.
14.2 In cases of force majeure, Alpha Ventilatie Eco B.V. has the right to suspend or partially or fully dissolve the agreement without being liable for any compensation.
14.3 Force majeure includes but is not limited to war, terrorism, civil unrest, natural disasters, fire, strikes, government measures, supplier failures, transportation issues, and technical malfunctions.
Disputes and Governing Law
15.1 All agreements between Alpha Ventilatie Eco B.V. and the Customer are governed by Dutch law.
15.2 Disputes arising from or related to the agreement will initially be submitted to the competent court in the district where Alpha Ventilatie Eco B.V. is located.
15.3 If the Customer is a consumer, they have the right, within one month after Alpha Ventilatie Eco B.V. invokes this provision in writing, to choose to have the dispute resolved by the court legally designated as competent.
Privacy and Data Protection
16.1 Alpha Ventilatie Eco B.V. processes the Customer’s personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
16.2 The Customer agrees to the processing of their personal data for the execution of the agreement, delivery of the heat pump, and compliance with legal obligations.
16.3 Alpha Ventilatie Eco B.V. will not use the Customer’s personal data for other purposes without prior consent unless necessary for a legitimate interest of Alpha Ventilatie Eco B.V. or if legally required.
16.4 Alpha Ventilatie Eco B.V. takes appropriate technical and organizational measures to secure the Customer’s personal data against loss or unauthorized processing.
16.5 The Customer has the right to access, correct, delete, or transfer their personal data as described in Alpha Ventilatie Eco B.V.’s privacy policy.
Final Provisions
17.1 Any deviations from these general terms and conditions are only valid if agreed upon in writing between Alpha Ventilatie Eco B.V. and the Customer.
17.2 If any provision in these general terms and conditions is declared null or invalid, the remaining provisions remain in full effect. In such a case, Alpha Ventilatie Eco B.V. and the Customer will consult to agree on a new provision that aligns as closely as possible with the purpose and intent of the nullified or invalid provision.