General terms & conditions

L&P Group B.V.

 

 

Article 1. Definitions 

 

In these general terms and conditions, the following definitions shall apply:

 

• Contractor: L&P Group B.V., also called: " L&P";

 

• Client: the party with whom L&P has entered into an agreement for contracting work, possibly being a natural person, in appropriate cases also the owner and/or lessor of the immovable property which is the subject of the contract work; 

 

• Consumer: a natural person who is not acting in the exercise of a profession or business and who commissions L&P to perform remodelling, maintenance, or restoration;

 

• Remodelling: a structural alteration to an immovable property;

 

• Maintenance: all that work which serves to maintain the original function of a property, the technical performance of its components; 

 

• Restoration: all that work which restores the immovable property and any elements of interior and exterior to good (original) condition and which goes beyond normal maintenance; 

 

• Workable days: working days from Monday to Friday between 8:30 a.m. and 4:30 p.m.

 

Article 2. Scope

 

2.1 These Terms and Conditions apply to all quotations issued by L&P and to all agreements entered into between a consumer/client and L&P in connection with the performance of a renovation, maintenance, or restoration project. These terms and conditions also apply to all other legal acts and legal relationships between L&P and the consumer/client, including but not limited to communications, proposals, offers, orders, and services, unless expressly agreed otherwise in writing between the parties.

 

2.2 Deviations from these general terms and conditions shall be valid only if agreed in writing between the parties and signed by authorized representatives of both parties.

 

2.3 In case of conflict between these general terms and conditions and the specific terms and conditions agreed upon in writing between the parties, the specific terms and conditions shall prevail, unless otherwise provided by law.

 

2.4 If one or more provisions of these general terms and conditions are held to be invalid, void or unenforceable under applicable law, such provision shall be interpreted and modified to approximate as closely as possible the original intent of the provision in a manner that is valid and enforceable under applicable law. The validity and enforceability of the remainder of the provisions of these Terms and Conditions shall not be affected.

 

2.5 L&P reserves the right to change these Terms and Conditions at any time. L&P will actively inform existing customers of ongoing projects of changes to the Terms and Conditions. In addition, it will be clearly stated on the L&P website that the terms and conditions have been modified. It is the responsibility of the consumer/client to be aware of the most recent version of the Terms and Conditions.

 

2.6 The provisions of Articles 4.4 and 15.6 apply universally to all agreements, offers, modifications, and cost adjustments governed by these General Conditions. In the event of ambiguity or conflict between these provisions and other articles, Articles 4.4 and 15.6 shall prevail unless otherwise expressly agreed in writing by the parties.

 

Article 3. The offer (quotation)

 

3.1 Each quotation issued by L&P will be dated and will remain valid for 30 days after receipt by the consumer/client unless otherwise stated in the quote itself.

 

3.2 Quotations will preferably be made in writing or electronically. In situations where measures must be taken with due urgency to prevent or limit damage, L&P may issue an oral quotation. These oral quotes will be confirmed in written or electronic form as soon as possible.

 

3.3 The quotation will contain a detailed description of the work to be performed, the intended use, the work to be performed, and the materials to be supplied. The description will be sufficiently detailed to enable a proper assessment of the quotation by the consumer/client.

 

3.4 The quotation will indicate when the work commences and provide an estimate of the duration of the work. In the event of a significant delay or change in the schedule, L&P will notify the consumer/client.

 

3.5 The quotation will provide insight into the pricing method used for the work to be performed: contract price or cost-plus.

 

3.5.1 Contract price: L&P usually does not work with a fixed contract price. If a customer/client does require a contract sum, it is required that the customer/client provides all necessary architectural drawings and specifications, including construction drawings, specification drawings, working drawings, floor plans, detail drawings, installation drawings and site drawings. In this case, contingencies will also be included in the contract price.

 

3.5.2 Cost-plus: Under the cost-plus pricing method, L&P will provide a detailed statement of price factors, including hourly labour rates and unit prices of materials. The target price will be established based on estimated costs. Typically, the final price may vary by ±10% from this target price, provided no changes to the scope of work or additional tasks are requested by the consumer/client.

 

Any additional work or changes to the scope, as defined in Articles 4.4 and 15.6, will be invoiced separately based on actual labour hours and materials used.

 

3.6 The quotation will outline potential additional costs that may arise during the performance of the work, including but not limited to transportation costs, equipment rental costs, and permit fees. If additional costs become necessary due to changes in scope or unforeseen circumstances, as outlined in Articles 4.4 and 15.6, these will be calculated based on actual labour hours and materials used, and subsequently invoiced to the consumer/client.

 

3.7 If the quotation is accepted, the consumer/client must confirm this in writing or electronically to L&P, after which the quotation becomes a binding contract.

 

3.8 The quotation will contain a clear and detailed description of the method, terms, and deadlines of payment, including any advance payments, instalment payments, and the final date of payment after completion of the work.

 

3.9 All documents such as quotations, drawings, technical descriptions, designs, calculations, and computations made by or on behalf of L&P will remain the exclusive property of L&P. These documents may not be made available to third parties, copied, or otherwise reproduced without the prior written permission of L&P. If not commissioned, these documents must be returned to L&P within 14 days of a request to that effect from L&P.

 

3.10 If the consumer/client accepts the quotation and later decides to cancel or modify the contract, the consumer/client will be obliged to reimburse all costs incurred by L&P up to that time and the costs resulting from the cancellation or modification. L&P will inform the consumer/client in writing of these potential costs prior to issuing the offer. The consumer/client must accept these terms in writing before the contract is valid.

 

If the consumer/client does not accept the quotation, L&P may only charge the costs of preparing the quotation if L&P has informed the consumer/client in writing of these potential costs prior to issuing the quotation and the consumer/client has expressly agreed in writing.

 

3.11 A copy of these General Terms and Conditions will accompany the quotation. In addition, L&P will provide a digital link or other easily accessible medium where the most recent version of these Terms and Conditions can be viewed and downloaded.

 

3.12 The quotation is based on the information available and provided to L&P at the time the quotation is prepared. L&P reserves the right to adjust the quotation if there are changes in the work, materials, labour, or other costs as a result of information that becomes available after the quotation is issued.

 

Article 4. Creation, implementation, and modification

 

4.1 The agreement is established by acceptance of the offer by the consumer/client. Acceptance is, where possible, by written or electronic means. In the event of electronic acceptance by the consumer/client, L&P will confirm receipt of acceptance of the offer by the consumer/client electronically within a reasonable period (e.g. 48 hours). If the consumer/client accepts the offer orally, L&P will confirm acceptance in writing or electronically as soon as possible, but no later than 7 days.

 

4.2 Each quotation issued by L&P is based on the performance of the agreement by L&P under normal circumstances and during normal working hours. If the work must be carried out under circumstances that can be considered non-normal or outside normal working hours, L&P has the right to charge additional costs, provided the consumer/client has been notified in writing in advance.

 

4.3 If it has been agreed that the agreement will be performed in phases, L&P may suspend the performance of those parts belonging to a subsequent phase until the consumer/client has approved in writing the results of the preceding phase. If the consumer/client does not respond within a reasonable period, L&P will send a reminder for approval.

4.4 If, during the execution of the agreed-upon work, it becomes evident that modifications or additional tasks are necessary to ensure proper completion, such work shall be compensated in accordance with the hourly rates specified in the approved budget. Compensation will be based on the actual labour hours expended and materials used. The Client and the Contracting Party agree that all such additional work and materials shall be invoiced accordingly.

 

Article 5. Termination condition

 

5.1 Every agreement entered into with L&P contains the resolutive condition that L&P will prove sufficient creditworthiness of the consumer/client at the sole discretion of L&P. L&P reserves the right to test the creditworthiness of the consumer/client through a third party and/or the right to request a deposit or security before commencing the work.

 

5.2 If, based on the information received, L&P decides not to proceed with the consumer/client, it will inform the consumer/client in writing or electronically as soon as possible but no later than 14 days after the date of the agreement.

 

5.3 If L&P cancels the contract on the grounds of insufficient creditworthiness of the consumer/client, this will not have any financial consequences for the consumer/client unless costs have already been incurred or obligations incurred in anticipation of the performance of the contract. In that case, the consumer/client will be responsible for the costs or obligations incurred.

 

Article 6. Intellectual property rights

 

6.1 L&P reserves all intellectual property rights to all designs, illustrations, drawings and models provided by L&P. Use, including changing, reproducing, making public and whether or not after processing in a collection or database, is only permitted with the express written permission of L&P.

 

6.2 The designs, images, drawings and models referred to in the first paragraph remain the inalienable property of L&P and must be returned without delay upon first request. If these documents are not returned within 14 days of this request, the consumer/client will be liable for a penalty.

 

6.3 For each act performed in violation of this provision, the consumer/client will be liable to a fixed penalty of €5,000.00 per violation, without prejudice to L&P's right to claim full damages.

 

6.4 L&P reserves the right to prohibit the consumer/client from using the materials and information if it believes that this may be the case.

 

6.5 If a dispute arises over intellectual property rights, L&P has the right to suspend the work until the dispute is satisfactorily resolved.

 

Article 7. Obligations of L&P

 

7.1 L&P is obliged to perform the assigned work in accordance with the provisions of the agreement, taking into account the applicable laws and regulations and current technical standards. L&P will ensure professional, careful execution with skilled personnel and suitable materials.

 

7.2 L&P accepts the assignment subject to the provision that the permits, waivers and allocations required for the work will be granted in a timely manner. If any such permit, dispensation or allocation is not granted or not granted in time, L&P will not be liable for any delays or additional costs.

 

7.3 If it becomes apparent during the performance that the work can only be carried out in a modified manner due to a cause not attributable to L&P, L&P is obliged to immediately inform the consumer/client of the changes in the performance which are deemed necessary and to carry them out after consultation with them. Any additional or reduced costs resulting from these changes will be settled.

 

7.4 L&P will take the necessary measures to prevent or limit nuisance or damage to the consumer/client and third parties.

 

7.5 L&P will keep the consumer/client regularly informed of the progress of the work.

 

7.6 L&P will continue the work as much as possible unless circumstances beyond its control (e.g., weather conditions, strikes, etc.) require the work to be interrupted. In such cases, L&P will inform the consumer/client as soon as possible.

 

7.7 L&P will not unnecessarily or unreasonably delay the work. In the event of a delay, L&P will notify the consumer/client as soon as possible and propose a new deadline for the completion of the work.

 

Article 8. Obligations of the consumer/client

 

8.1 The consumer/client must ensure that all permits, exemptions, and other orders necessary to perform the work are obtained in a timely manner.  

 

The consumer/client is obliged to send a copy of the aforementioned documents to L&P at its first request.

 

8.2 The consumer/client is obliged to provide L&P with all information that L&P, in its opinion, requires for the correct execution of the agreement. The offer is based on the information provided by the consumer/client (including, for example, a drawing and architectural information), whereby L&P may rely on its accuracy and completeness. 

 

8.3 The information provided by the consumer/client will serve as the starting point for the formation of the agreement. Consumer/client guarantees the accuracy, completeness, and reliability of the information provided to L&P, even if it comes from third parties. 

 

8.4 If L&P is directly dependent on the consumer/client for information, the consumer/client indemnifies L&P for any damages resulting from incomplete or incorrect information. Additionally, any costs or delays arising from such inaccuracies, including modifications or additional work required as defined in Articles 4.4 and 15.6, will be calculated based on actual labor hours and materials used and invoiced to the consumer/client.

 

8.5 The consumer/client undertakes to ensure that the Contractor is able to carry out its work undisturbed and at the agreed time, and that in carrying out its work it is provided with the necessary facilities, such as:

 

• regarding the building, land or water, in or on which the work is to be performed; 
• have adequate opportunity for supply, storage and/or disposal of construction materials and tools; 
• connection facilities for electrical machinery, lighting, heating, gas, compressed air and water.
• facilities prescribed under the Occupational Health and Safety Act (Arbowet) and regulations.

8.6 The undisturbed performance of work expressly includes the obligation of the consumer/client to make the place where the work is to be performed empty and freely accessible. If the place in question is not empty or freely accessible, it is up to L&P to decide whether the work can be carried out or whether it will be suspended.

 

8.7 Client/Consumer is liable for all damages resulting from loss, theft, burning, or damage to tools, materials, and other property of L&P located at the site where the work is performed.

 

8.8 If the consumer/client fails to comply with its obligations as described in the preceding paragraphs, resulting in a delay in the performance of the work, the work will be carried out as soon as L&P's schedule permits. In addition, the Client will be liable for all resulting damages for the Contractor. 

 

8.9 The cost of the necessary gas, water, and electricity shall be borne by the consumer/client. 

 

8.10 The consumer/client must ensure that the work to be performed by third parties, which is not part of the work agreed with L&P, is performed in such a way and in such a timely manner that the performance of the work is not delayed as a result. 

 

Article 9. Unforeseen circumstances

 

9.1 The consumer/client bears the risk of encountering an unexpected situation that significantly complicates or hinders the performance of the work unless L&P should reasonably have been aware of this situation. This means that if L&P encounters a problem or obstacle that impedes the progress of the work, and this could not have been foreseen based on the information provided, the consumer/client will be liable for it.

 

9.2 If unforeseen circumstances arise with respect to the commencement or performance of the work, L&P will notify the consumer/client as soon as possible, after which both parties will consult to find a solution.

 

9.3 In the event that L&P cannot reach the consumer/client, L&P must suspend the work unless the unforeseen circumstance requires immediate action. This ensures that the work will not be continued without consultation unless an urgent situation requires it.

 

9.4 Any additional costs incurred by L&P in connection with an unforeseen circumstance requiring immediate action will be reimbursed by the consumer/client, unless the circumstance is deemed reasonable for L&P to bear. These additional costs, including any modifications or additional work as defined in Articles 4.4 and 15.6, will be calculated based on actual labor hours and materials used and invoiced to the consumer/client.

 

9.5 If the unforeseen circumstance does not require immediate action, the consumer/client may order additional or less work. This means that in such situations, the consumer/client may decide to add or reduce additional work, depending on the nature of the contingency.

 

Article 10. Asbestos removal

 

10.1 In L&P services, asbestos removal is considered a separate service and is therefore not routinely included in L&P quotes or project costs.

 

10.2 Should asbestos be discovered during the course of the project, the cost of its safe removal and disposal will be charged separately. These costs will be in addition to the initially agreed price for the construction or renovation.

 

10.3 To avoid these possible additional costs, the consumer/client should inform L&P prior to the start of the project if they are aware of the presence of asbestos at the site. This will enable L&P to take the necessary measures and organize the asbestos removal in a safe and regulatory manner.

 

Article 11. Changes to the Agreement and more/less work.

 

11.1 Changes to the agreement desired by the consumer/client after the conclusion of the agreement with L&P must be communicated to L&P in writing before L&P begins the execution of the agreement. This also applies to any repair requests.

 

11.2 This requirement for written communication also applies if the consumer/client wishes to make a change or repair to the performance of the agreement. Such changes will only become part of the agreement between L&P and the consumer/client after written submission by the consumer/client and written acceptance by L&P or after L&P commences the performance of such changes.

 

11.3 If L&P is of the opinion that the changes requested by the consumer/client make proper performance of the agreement impossible, L&P has the right to dissolve the agreement out of court. In this case, L&P will not be liable for any damage the consumer/client may suffer as a result.

 

11.4 When L&P accepts the changes or starts implementing them, the consumer/client will be obliged to pay all resulting (additional) costs, including costs for additional work, to L&P. This is without prejudice to the consumer/client's other payment obligations under the agreement with L&P.

 

11.5 If the changes cause a delay in the performance of the agreement, the time limits specified by L&P will be extended for the duration of the delay. L&P will not be liable for any resulting delay.

 

11.6 If L&P believes that there is additional work, L&P will notify the consumer/client in writing as soon as possible, including an indication of the impact on the period of completion and the costs associated with the additional work.

 

11.7 If the consumer/client has not objected to the additional work within four working days of receipt of the notification referred to in paragraph 6, the consumer/client will be deemed to have accepted the additional work. The consumer/client will then be obliged to pay the resulting (additional) costs to L&P.

 

11.8 If the consumer/customer specifies specific products or brands and these products are defective after installation, the cost of any repair or replacement work will be charged to the consumer/customer as additional work.

 

11.9 L&P reserves the right to refuse changes to the contract if they are deemed unreasonable, impracticable or if they interfere with L&P' ability to perform the work to the agreed standards. Additionally, L&P may refuse changes that result in significant deviations from the target price or scope of work, as outlined in Articles 4.4 and 15.6, unless mutually agreed upon with the Client.

 

Article 12. Contingencies 

 

12.1 Contingencies are amounts included in the contract and in the contract price. They are intended for one of the following purposes:

 

• purchasing construction materials;
• procurement and processing of construction materials;
• the performance of work that has not been determined in sufficient detail as of the date of the contract and which requires further work to be completed by the consumer/client. For each set item, the contract shall specify to which it relates.

 

12.2 If the nature of the contingencies is not specified or is insufficiently specified, it shall be deemed to relate only to the purchase of construction materials.

 

12.3 If a contingency relates exclusively to the purchase of building materials, the cost of processing those building materials shall be included in the contract price.

 

12.4 Expenses charged to the contingencies shall be calculated at the prices charged to L&P. Unless otherwise agreed, the consumer/client shall owe a 10% fee on these expenses. This fee shall also be charged to the line item.

 

12.5 L&P will provide transparency on expenditures charged to the contingency. In the event of an overrun of the contingency, this will be reported to the consumer/client as soon as possible.

 

12.6 Any remaining amounts from set items at the end of the agreement will be refunded to the consumer/client unless otherwise agreed.

 

12.7 L&P reserves the right to adjust the contingency due to unforeseen market changes, especially in relation to the price of construction materials. Any such change must be communicated to and approved by the consumer/client.

 

Article 13. Engagement of third parties

 

13.1 L&P reserves the right, at its discretion and without prior notice to the consumer/client, to subcontract part or all of the assignment to a third party of its choice.

 

13.2 L&P will exercise due diligence in selecting such a third party and reasonably ensure that such a third party meets the required standards and qualifications to properly perform the assignment.

 

13.3 Although L&P will carefully select the third party, L&P assumes no liability for any errors, omissions, damages, losses, delays, or other failures caused by such third party during the performance of the assignment. Nor shall L&P be liable for any acts or omissions of the third party, including but not limited to any negligence, delays, insolvency, bankruptcy or liquidation of the third party.

 

13.4 Any additional costs incurred by engaging a third party will, unless otherwise agreed in writing, be passed on to the consumer/client.

 

13.5 In the event that the third party goes bankrupt or ceases its business operations during the performance of the assignment, L&P will make every effort to find an alternative third party to complete the assignment. However, L&P is under no obligation to do so and will not be liable for any delays or additional costs that may arise as a result.

 

Article 14. Down payment

 

14.1 L&P reserves the right to require a deposit when entering into the agreement. The amount of this deposit is at least 40% of the total agreed price unless otherwise agreed in writing between L&P and the consumer/client.

 

14.2 The deposit shall be paid within seven (7) days of the signing of the agreement unless otherwise agreed in writing.

 

14.3 If the consumer/client does not pay the deposit within the stipulated period, L&P is entitled to dissolve the agreement without any liability for any damages or costs on the part of the consumer/client.

 

14.4 In the event of cancellation of the agreement by the consumer/client, the down payment will cover the costs incurred up to that point and lost profit margin unless otherwise agreed in writing.

 

Article 15. Prices and Rates.

 

15.1 Unless otherwise stated, all prices and rates provided by L&P are exclusive of sales tax and any other levies imposed by the government. The prices and rates quoted apply to the agreement as described in the order confirmation/quotation, taking into account the specifications provided, and the period(s) specified.

 

15.2 The parties may agree on a fixed price when entering into the agreement. If no fixed price is agreed upon, the price shall be determined on the basis of the actual number of hours spent (direction) at the usual L&P hourly rates unless a different rate has been agreed upon.

 

15.3 If work is performed on a cost-plus basis, L&P can provide a guide price. This guide price is the most accurate estimate of the total price, including hours, materials, and other costs.

 

15.4 For assignments with a duration of more than 4 weeks, L&P may choose to charge the costs periodically (e.g., weekly).

 

15.5 L&P reserves the right to pass on to the client any price-increasing factors which have arisen after the quotation has been issued or the agreement has been concluded.

 

15.6 The offered price is a target price. L&P calculates this target price based on estimated costs. 

 

Typically, the final price may vary by ±10% from the target price, provided that the Consumer/Client does not make changes to the agreed-upon scope of work during the project or request additional work beyond the approved budget.

 

Additional costs arising from changes to the scope of renovation and construction work include:

 

• Costs related to changes in the type, grade, or dimensions of finishing materials;
• Costs arising from changes to the area, volume of work, or materials required;
• Costs resulting from adjustments to the estimated thickness of layers necessary to level walls, ceilings, or floors.

 

Additional work is defined as any work requested by the Client that is not included in the approved budget, as well as any materials required to carry out such work.

 

15.7 All costs resulting from the client's negligence, including failure to provide information or materials in a timely manner, may be charged to the client by L&P.  

 

Article 16. Materials

 

16.1 All materials used in connection with the contract must be of good quality, suitable for their intended purpose, and comply with set requirements, standards, and regulations.

 

16.2 L&P will give the consumer/client the opportunity to inspect the materials upon arrival at the work site or as soon as possible thereafter, provided this does not impede the progress of the work. L&P has the right to be present or represented at such inspection.

 

16.3 The consumer/client has the right to have the materials inspected by an independent third party. The costs of such inspections will be borne by the client unless the materials are rejected, in which case L&P will bear the costs. Materials provided by the client shall be deemed approved.

 

16.4 The consumer/client is responsible for the removal of materials from the work that he/she has indicated he/she wishes to retain. Unless otherwise agreed, L&P will dispose of all other materials. If the client so desires, these materials may accrue to L&P, subject to a reasonable settlement.

 

16.5 Minor changes (for example, minor model changes) of or to the materials supplied by L&P will not constitute grounds for rejection unless they significantly alter the functionality or aesthetic value of the materials or if these changes are not in accordance with the agreed specifications.

 

16.6 L&P is not liable for damages resulting from defects in materials provided by the consumer/client unless such defects could have been discovered by L&P upon inspection of the materials.

 

Article 17. Completion

 

17.1 The work will be considered completed when L&P has notified the consumer/client that the work has been completed and the client has accepted the work.

 

17.2 If the consumer/client has not expressly accepted the work, the work will be deemed completed at the time L&P notifies the consumer/client in writing or orally or after the expiration of 8 days after L&P notifies the client in writing that the work has been completed and the consumer/client has not inspected the work within that period, or if the client has put the completed work to use.

 

17.3 Minor defects which do not affect the functionality of the work will be remedied by L&P as soon as possible and cannot be a reason for the consumer/client to refuse approval. L&P is obliged to repair defects that have been reported to it in writing within 45 days of completion. The costs associated with such remedial work shall be borne by the consumer/client unless the defects are attributable to L&P.

 

17.4 If a specific completion date is agreed upon, it will be automatically extended in the event of delays that cannot be attributed to L&P, including but not limited to extra work, unworkable weather conditions, strikes, lockouts, war, threat of war, or other extraordinary circumstances. Any delays caused by modifications or additional work, as defined in Articles 4.4 and 15.6, will also result in an extension of the completion date, with associated costs calculated based on actual labor hours and materials used and invoiced to the consumer/client.

 

17.5 If the client refuses to accept the work without a valid reason, L&P reserves the right to demand payment for the work performed, as well as for any additional costs incurred due to the delay in completion.

 

Article 18. Service Period

 

18.1 After completion, there is a service period of six months. L&P will repair any defects that come to light during this service period as quickly as possible but always within a reasonable period. This is with the exception of defects which L&P proves are due to acts or omissions of the client.

 

18.2 If the client notifies L&P in writing or electronically within the service period of a deviation from the agreed services that causes damage, L&P is obliged to still provide the agreed services unless L&P has communicated the deviation to the consumer/client in writing or electronically prior to delivery and the client has agreed to this. If compliance cannot reasonably be expected of L&P, the client is entitled to compensation.

 

18.3 L&P is not responsible for repairing damage caused by normal wear and tear, improper use, negligence, or when the consumer/client has made or caused changes to the work without L&P' permission.

 

18.4 L&P is entitled to charge costs for repair work and costs of investigating the cause of a defect if it appears that the cause of the defect is attributable to the client or if there are circumstances outside the warranty.

 

Article 19. Liability

 

19.1 L&P is only liable for damage suffered by the consumer/client if and insofar as this damage is covered by L&P' liability insurance.

 

19.2 Unless there is intent or gross carelessness on the part of L&P, L&P is not liable for any direct or indirect damage of the consumer/client or third parties arising from the performance of the agreement. This includes damage to property of the Client or third parties, trading loss, loss of profit, missed savings, and damage due to business interruption.

 

19.3 L&P is not liable for acts, omissions, errors and/or the quality of the work of third parties engaged in the performance of the agreement, even if such damage is partly caused by the intent or gross carelessness of the third party.

 

19.4 If, despite the above provisions, liability rests with L&P, this liability will be limited to a maximum of the invoice amount (excluding VAT) charged to the consumer/client for the materials supplied/work performed, with a maximum of € 2,500. Exceptions are cases of intent or gross negligence on the part of L&P.

 

19.5 To the extent that an invoice has not yet been sent to the client, "invoice amount" shall mean the agreed fixed price or customary rate that would be charged to the consumer/client.

 

19.6 The client indemnifies L&P against all claims by third parties relating to damage in connection with the agreements performed by L&P, unless it has been established that these claims are the result of intent or gross negligence on the part of L&P and the client can prove that it is not at fault.

 

19.7 L&P is not liable for damages caused by the consumer/client's failure to comply with the obligations set forth in Article 8.1.

 

19.8 L&P shall not be liable for damage to underground facilities or lines unless L&P has been notified in advance in writing of the exact location of such facilities or lines.

 

19.9 The limitations of liability for direct damage included in these General Terms and Conditions are not applicable if the damage is due to intent or gross negligence on the part of L&P or its subordinates.

 

Article 20. Default of the consumer/client 

 

20.1 The consumer / client is in default from the expiry of the payment date. L&P will send a payment reminder after that date has passed and will give the consumer the opportunity to pay within 14 days after receipt of this payment reminder.

 

20.2 If, after the expiry of the 14-day period of the payment reminder, payment is still not made, L&P is entitled to charge interest from the expiry of the payment date above the invoice amount. This interest rate is equal to the legal interest rate plus contractual interest. Contractual interest is equal to 1% per month. In addition, L&P may halt the work, provided it has given the consumer/client a written reminder to still pay within 7 days after the expiry of the payment reminder period and such payment has not been made. This stoppage shall not prevent L&P from claiming compensation for damages and costs resulting from the consumer's default. L&P will ensure that the damages and costs remain within reasonable limits.

 

20.3 If damage to the work occurs during the shutdown of the work pursuant to the preceding paragraph, it will not be at the expense of L&P, provided it has previously informed the consumer in writing of this consequence associated with the shutdown.

 

Article 21. Default of L&P 

21.1 If L&P fails to comply with its obligations regarding the commencement or continuation of the work, the consumer/client may give it notice to commence or continue the performance of the work as soon as possible. The demand will preferably be made in writing. 

 

21.2 The consumer/client is authorized to have the work performed or continued by third parties if L&P remains in default after the expiration of 10 working days after receipt of the reminder referred to in the previous paragraph. 

 

21.3 In the case referred to in the previous paragraph, the consumer is entitled to compensation for the damage and costs resulting from L&P' default. 

 

21.4 The consumer shall ensure that the costs incurred by L&P as a result of the application of the previous paragraphs are within reasonable limits. 

 

Article 22. Suspension of payment 

 

22.1 If the work does not comply with the contract, or in the event of non-compliance, the consumer/client has the right to suspend payment if the applicable legal requirements have been met and the amount to be suspended is in reasonable proportion to the observed failure. Preferably, the consumer/client will inform L&P in writing or electronically on what ground the suspension is based. 

 

Article 23.  Complaint handling 

 

23.1 Complaints about the performance of the agreement must be described as fully and clearly as possible and must be submitted in writing or electronically to L&P in a timely manner after the consumer/client has discovered the defects. Failure to submit the complaint in a timely manner may result in the consumer/client losing its rights in this regard. 

 

23.2 If the consumer/client informs L&P of a shortcoming in the work, L&P is obliged to inform the consumer as soon as possible whether it is prepared to remedy the shortcoming. If it is not prepared to do so, it will state the reasons. 

 

Article 24. Due date 

 

24.1 All claims of the consumer/client and third parties will expire if they are not instituted in court within one year, counting from the day following the day on which the consumer/client, respectively, the third party was aware or could reasonably have been aware of the facts, on which he bases his claim, but in any case, such claims will expire after a period of two years, counting from the date of providing the assignment to L&P and/or entering into the agreement with L&P or, in the absence thereof, the performance of the work by L&P. 

 

Article 25. Processing personal data. 

 

25.1 To the extent that Personal Data is processed in the course of performing the Work, such Personal Data will be processed in a proper and careful manner and in accordance with the Personal Data Protection Act and General Data Protection Regulation. 

 

25.2 Technical and organizational measures will be taken to protect the Personal Data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing. 

 

Article 26. Applicable law and competent court. 

 

26.1 All offers, order confirmations, and agreements shall be governed exclusively by Dutch law. 

 

26.2 All disputes between L&P and the consumer/client will, unless otherwise required by mandatory law, be subject to the jurisdiction of the competent court in Amsterdam, on the understanding that L&P has the right to submit claims, whether or not simultaneously, against the consumer/client to other judicial bodies which are competent to hear such claims on the basis of national or international rules of law. The foregoing is without prejudice to the right of parties to appeal and cassation.