Terms and conditions – Alpha Ventilatie Eco B.V.

Article 1 – Definitions

In these Terms and Conditions, the following capitalized terms (in singular or plural) are defined as follows:

Installation: The installation and setup of a complete ventilation system (mechanical ventilation unit or heat recovery ventilation unit).
Client: The individual or legal entity entering into an Alpha Subscription with the Contractor to provide services, tasks, and supplies.
Contractor: Alpha Ventilatie Eco B.V., Strijkviertel 48B, 3454PN, De Meern (Utrecht).

Article 2 – Installation

2.1 Drilling of Holes
2.1.1 Despite using high-quality and advanced equipment to detect electric cables, water pipes, beams, and other structural elements, the Contractor cannot guarantee that no damage will occur to hidden pipes, cables, or structural components during work.
2.1.2 The Client is responsible for providing accurate and complete information regarding the drilling locations. If there is any uncertainty about the location of cables, pipes, or other potential obstacles, the Client is advised to consult the relevant piping plans of the building or property.
2.1.3 The Contractor accepts no liability for damage to pipes, cables, or other hidden structural elements unless such damage is due to willful misconduct or gross negligence by the Contractor.

2.2 Power Supply
2.2.1 The Client must ensure that a suitable power supply is available at the work site for the machines used during the work. This includes providing a working socket within reasonable distance of the workplace. If no power supply/electricity is available on the installation day, a follow-up appointment must be scheduled. Note: an additional fee of €399 will apply.
2.2.2 If there is no suitable power supply within reach of the work site, the Client is responsible for providing an alternative power source. The Contractor cannot be held liable for delays or additional costs resulting from the lack of an adequate power supply. See also Article 2.2.1.
2.2.3 Installing a new ventilation system may cause the standard 3-speed switch to no longer function fully, correctly, or at all. The Client is not responsible for ensuring the proper operation of the 3-speed switch; an electrician should be consulted for this.

2.3 Liability
2.3.1 Except in cases of willful misconduct or gross negligence by the Contractor, the Contractor is not liable for any direct or indirect damage, including but not limited to consequential damage, arising from the execution of the work. This includes, but is not limited to, damage to movable and immovable property, damage to persons (both the Client and third parties), and damage to animals.
2.3.2 The Contractor’s liability is in all cases limited to the amount paid out by the Contractor’s liability insurance, plus the deductible borne by the Contractor under the policy terms.
3.3 The Contractor is not liable for damage resulting from the provision of incorrect or incomplete information by the Client.

2.4 Cancellation After Commencement or Completion of Work
2.4.1 The Client acknowledges and agrees that the assignment cannot be canceled or reversed after the work has started. Due to the irreversible nature of the installation, termination of the agreement is no longer possible after installation. Any termination requests must be submitted before installation and are subject to applicable cancellation terms.
2.4.2 Upon completion of the work, the installation is irreversible. This applies in particular to work involving drilled holes in roofs or walls.
2.4.3 The Client is responsible for carefully considering the necessity and suitability of the work before commissioning. The Contractor advises the Client to seek timely advice if there are doubts about the consequences of the work.
2.4.4 If the Client decides to cancel the assignment on the day of installation after the arrival of the technicians on-site, 15% of the total amount including VAT will be charged.

2.5 Adjustments to Ventilation System by Client (During Installation)
2.5.1 If the Client wishes to make adjustments to the (partially) installed ventilation system, including ventilation ducts, during installation, leading to additional work and extended work time for the Contractor, €800 per additional half-day will be charged. This amount excludes any additional materials. The Contractor assumes the pre-established plan will be fully implemented without changes that were not previously indicated.
2.5.2 If the Client wishes to make adjustments to the existing plan/quote, this must be discussed with the Contractor in advance.

2.6 Balancing the Ventilation System
2.6.1 If the system balancing cannot take place on the installation day due to circumstances beyond the Contractor’s control, such as ongoing renovations or a missing power connection, the Contractor will balance the system later. Note: an additional fee of €399 will apply. This fee is set because postponing an assignment at the last moment results in the entire installation team being without work, leading to loss of work hours and costs. Although the full damage amount is significantly higher, at €800 per half-day per team, a reduced fee of €399 has been set to limit costs for the Client.
2.6.2 The Client must schedule a new appointment for balancing the ventilation system with the Contractor’s planning department. The Contractor accepts no liability for delays arising from these circumstances, nor for any additional costs associated with rescheduling the work.

Article 3 – Warranty

3.1 Product Warranty
3.1.1 The statutory warranty applies to all products supplied by the Contractor, providing the Client with protection against defects arising from normal use of the product for a period of two years from the purchase date. The statutory warranty implies that a product must do what a consumer can reasonably expect it to do.
3.1.2 Additionally, certain products may have a manufacturer’s warranty. This manufacturer’s warranty is provided by the manufacturer and may be longer or more comprehensive than the statutory warranty in specific cases. The terms of this manufacturer’s warranty vary by product and manufacturer, and the Client is advised to consult the product documentation carefully for the exact terms and duration of the manufacturer’s warranty. If a product shows defects covered by the warranty during the warranty period, the Contractor will repair or replace the product free of charge unless otherwise agreed or unless repair is impossible.

3.2 Installation Warranty
3.2.1 The Contractor offers a lifetime installation warranty on all installation work carried out by the Contractor. This warranty is valid for the entire duration of the installed product or system, provided that any defects or issues are due to errors in our installation.
3.2.2 The installation warranty covers the free repair of issues that directly result from poor installation by the Contractor. If a defect or malfunction occurs due to external factors, improper use, or inadequate maintenance by the Client or third parties, it is not covered under the installation warranty. In such cases, the Contractor reserves the right to perform repairs or restoration work at the Client’s expense.

3.3 Warranty Exclusions
3.3.1 Warranties apply only when the product or installation is used and maintained correctly according to the instructions of [Company Name] and/or the manufacturer. Damage or defects resulting from misuse, insufficient maintenance, changes made by the Client or third parties, or external influences such as extreme weather conditions are not covered by the warranty.
3.3.2 The warranty becomes void if the Client or a third party makes modifications or repairs to the product or installation without the Contractor’s prior consent.

3.4 Warranty Claim
3.4.1 If the Client wishes to claim the warranty, they must contact the Contractor within a reasonable period after discovering the defect and provide a detailed description of the problem. Upon request, the Contractor may ask the Client to submit the defective product or installation component for inspection or to provide additional information. The Contractor will assess within a reasonable time whether the warranty applies and determine what measures are necessary to resolve the issue.

Article 4 – Quote

4.1 Standard Quote
4.1.1 A standard quote from the Contractor is prepared based on an initial assessment of the situation by the advisor and is valid for up to 30 days, unless otherwise indicated. All prices in the quote include VAT unless explicitly stated otherwise.
4.1.2 The Client approves the quote by signing it or by giving written approval via email. After approval, an appointment is scheduled for an on-site assessment by a work preparer who evaluates the situation and conducts the work preparation.
4.1.3 During the work preparation, it may be determined that additional or reduced work is needed, depending on structural aspects of the property that were not previously discussed. These adjustments are established in consultation with the Client and may impact the final price.
4.1.4 For the work preparation and on-site planning, a one-time fee of €199 is charged, payable by card after the work preparation. This amount will be deducted from the total quote amount if the Client agrees to the installation and finalizes the assignment.
4.1.5 Based on the report from the work preparer, the quote becomes final. If the total costs are higher than those stated in the original quote, the Client has the right to cancel the assignment at no charge. If the costs are lower, the quote amount is adjusted downward.
4.1.6 Approval of the final quote is binding; however, the Client has a 7-day cooling-off period after signing, during which the assignment can be canceled at no charge.
4.1.7 Any changes or additions to the quote must be reported in writing before the quote is accepted by the Client. The Client is responsible for carefully reviewing the quote for accuracy and completeness.

4.2 Indicative Quote (if applicable)
4.2.1 An indicative quote is intended as an initial estimate of the costs and work. If it is an indicative quote, this is clearly stated on the document. This quote is non-binding and can be accepted by the Client without obligation by signing or by approval via email.
4.2.2 After approval of the indicative quote, an appointment is scheduled for an on-site assessment. The work preparer prepares a report and initiates the work preparation so that the installation can be carried out quickly after approval of the final quote.
4.2.3 For the work preparation and on-site planning, a one-time fee of €199 is charged, payable by card after the work preparation. This amount is deducted from the quote amount after final approval and installation.
4.2.4 Based on the work preparation, the advisor prepares a final quote, which is sent to the Client via email within 5 working days. The final quote may be up to 15% higher or lower than the indicative quote.
4.2.5 Approval of the final quote is binding; however, the Client has a 7-day cooling-off period after signing, during which the assignment can be canceled at no charge.

4.3 Non-binding Nature and Validity of Quotes
4.3.1 Unless explicitly stated otherwise, quotes from the Contractor are non-binding. This means that the Contractor reserves the right to withdraw or adjust a quote in the event of unforeseen circumstances, such as price increases from suppliers or other external factors.
4.3.2 A quote is valid for 30 days, unless otherwise agreed. After this period, the quote automatically expires, and a new quote can be requested if desired.

4.4 Cancellation of the Final Quote After 7-Day Cooling-Off Period
4.4.1 If the Client decides to cancel the final quote after it has already been accepted, the Contractor reserves the right to charge 10% of the quote amount including VAT. This amount is intended to cover administrative costs, work preparation, and costs already incurred for the purchase of materials and products.
4.4.2 In the case of an indicative quote, the Client can cancel it free of charge until the signing of the final quote.

Article 5 – Payments

5.1 Payment for Work Preparation (if applicable)
5.1.1 For the on-site work preparation by a work preparer, a one-time fee of €199 is charged. This payment must be made directly after the work preparation via card to the work preparer on-site. If the Client agrees to the quote and ultimately proceeds with the installation assignment, this amount of €199 will be deducted from the total quote amount. In case of cancellation or if the installation does not go ahead, this amount remains due and will not be refunded.

5.2 Payment for Installation
5.2.1 The Client is required to pay 50% of the total installation amount in advance. This deposit must be paid no later than 7 to 14 days before the installation begins. If installation is scheduled within 7 days of approval, the deposit must be credited to the Client’s account before the work starts. Installation will not commence without receipt of this deposit.
5.2.2 The remaining balance, consisting of 50% of the total amount minus the previously paid €199 for the work preparation, must be paid immediately after the installation. This payment must be made via card to the technician on-site unless otherwise agreed (e.g., payment on invoice). Note: The Client must ensure that the card limit is increased at least 24 hours before installation to complete the full transaction in one payment. If payment on invoice has been agreed, this invoice must be paid within the specified term.

5.3 Consequences of Late Payment
If the Client does not meet their payment obligations on time, resulting in postponement of the installation, the Contractor reserves the right to charge a standard fee of €399.

Article 6 – Obligations of the Client

6.1.1 The Client is required to ensure that the Contractor, once an appointment has been scheduled, gains access to the property where the ventilation system installation will take place. Additionally, the installation site must be accessible to the technicians, free from obstacles such as items, people, or other objects. If the installation cannot proceed on the installation day, a fee of €399 will be charged. This fee is set because postponing an assignment at the last moment results in the entire installation team being without work, leading to loss of work hours and costs. Although the full damage amount is significantly higher, at €800 per half-day per team, a reduced fee of €399 has been set to limit costs for the Client.
6.1.2 The Client provides connection options for the power and water supply required for the work and any other means and usage thereof at no charge.

6.2 Absence
6.2.1 If the Contractor finds the Client absent at the start of the assignment, a message will be left requesting the Client to contact the Contractor. In this case, a fee of €399 will be charged. See also Article 6.1.1.

Article 7 – Damage

7.1.1 The Contractor strives to carry out the installation with the utmost care and craftsmanship. Nevertheless, the Contractor accepts no liability for damage arising directly or indirectly from the installation of the ventilation system. This includes, but is not limited to, damage to walls, stairs, holes, dents, and stains.
7.1.2 Except as provided by mandatory law regarding (product) liability, the Contractor is not liable for any damage of any nature, including consequential damage, arising directly or indirectly, including but not limited to damage to movable or immovable property, as well as to persons (both the Client and third parties) and/or animals, unless there is intent or gross negligence.
7.1.3 The Contractor is not liable for damage resulting from freezing, lightning strikes, contamination of internal piping, pipe leakage, or failures in the gas or electrical network.
7.1.4 The Contractor is not liable for the operation and/or installation of existing systems and connections.
7.1.5 If, after system inspection, work or facilities are carried out on the system or related installations, flue gas outlets, wall outlets, or ventilation facilities by the Client or third parties, with or without the Client’s order, the Contractor is not liable for any resulting damage.
7.1.6 Despite using high-quality equipment to detect electrical wiring, water pipes, beams, etc., the Contractor cannot guarantee that no damage will occur to such cables and/or pipes during the work. The Client is responsible for verifying whether it is feasible to drill at the specified location, for example, by consulting the building’s piping diagrams.
7.1.7 Except as provided by mandatory law regarding (product) liability, the Contractor is not liable for any damage of any nature, including consequential damage, arising directly or indirectly, including but not limited to damage to movable or immovable property, as well as to persons (both the Client and third parties) and/or animals, unless there is intent or gross negligence.

Article 8 – Amendment of Terms and Conditions

The Contractor may amend the Terms and Conditions and/or Fees. The Contractor will notify such changes at least 8 weeks before implementation.

Article 9 – Privacy and Data Protection

The Contractor requests personal data when a service or product is requested. This data is used for accepting the Application, executing the Agreement, risk management, and for marketing purposes. If the Client does not wish to receive information about products and services, this can be communicated in writing to the Contractor.

Article 10 – Applicability of Terms and Conditions

10.1 These Terms and Conditions apply to all assignments. In case of conflict, these Terms and Conditions shall prevail.
10.2 The invalidity of one or more provisions in these Terms and Conditions does not affect the validity of the remaining provisions.
10.3 All disputes that may arise between the Contractor and the Client will be settled by the competent court of the District of Midden-Nederland, Utrecht location.

Last modified: 01-02-2024