Terms and conditions
These terms set out the agreements that apply when you give Trudodak an assignment. We have written them as clearly as we can. This is a translation: if the English and Dutch texts differ, the Dutch version prevails. Any questions? Call us on +31 40 253 91 51 or email info@trudodak.nl.
1. Definitions
In these terms:
- Trudodak, we, us: the roofing company Trudodak, Kermisberg 18, 5508 DW Veldhoven, the Netherlands, Chamber of Commerce number 69069727.
- Client, you: the person or organisation that gives Trudodak an assignment or receives a quotation from us.
- Consumer: a client acting as a private individual, not for a profession or business.
- Business client: a client acting for a profession or business.
- Work: the roofing work we carry out for you, including the materials we supply for it.
- New roof: a roof or roof covering that we install completely new. This includes a roof renovation in which we replace the entire roof covering. A repair or the replacement of part of a roof is not a new roof.
- In writing: by letter or by email.
2. When do these terms apply?
2.1 These terms apply to all our quotations and to every assignment you give us.
2.2 We send these terms with every quotation. You can also find them at www.trudodak.nl/en/terms-and-conditions/.
2.3 Different arrangements only apply if we have agreed them in writing, for example in the quotation. What the quotation says takes precedence over these terms.
2.4 The client's own terms and conditions do not apply unless we have accepted them in writing.
2.5 If a provision of these terms is invalid, the other provisions remain in force. The invalid provision is then replaced by an arrangement that comes as close as possible to its purpose.
2.6 If you are a consumer, you always keep the rights the law gives you. These terms do not take those rights away.
3. Quotation and price
3.1 Our quotations are without obligation and valid for 30 days, unless the quotation states a different period.
3.2 A quotation is based on what we could see during the inspection and on the information you gave us. The quotation states what is and is not included in the price.
3.3 Unless the quotation mentions them, the following are not included in the price: repairing hidden defects (see article 7), removing asbestos, removing and refitting solar panels, and applying for permits.
3.4 Prices for consumers include VAT. Prices for business clients exclude VAT unless stated otherwise.
3.5 An obvious mistake or typing error in a quotation, such as an amount with clearly one zero too many or too few, is not binding.
4. Assignment and cooling-off period
4.1 The assignment is concluded once you have accepted the quotation in writing, for example by signing it or by emailing us your approval. For an emergency repair you can also give the assignment verbally or by phone. We will then confirm it in writing as soon as possible.
4.2 Cooling-off period. If you, as a consumer, conclude the agreement at your home, by phone or by email (that is, not at our office), you have a cooling-off period of 14 days. During that period you can withdraw from (cancel) the agreement without giving a reason. The cooling-off period starts on the day after the agreement is concluded.
4.3 Want to withdraw? Let us know in writing within the cooling-off period, for example by email to info@trudodak.nl. You may use the model form at the bottom of this page, but you do not have to. If you have already paid anything, you will get it back within 14 days, minus the amount under article 4.4 where that applies.
4.4 Would you like us to start work within the cooling-off period? Then you must expressly ask us to. If you then withdraw within the cooling-off period after all, you pay for the part of the work we have carried out up to that moment. If the work is fully completed within the cooling-off period and you stated beforehand that you understood you would then lose the cooling-off period, you can no longer withdraw.
4.5 No cooling-off period for emergencies. If you asked us yourself to come out for an urgent repair, such as a leak or storm damage, there is no cooling-off period for that repair. If, during that visit and at your request, we also carry out other work that is not urgent, the cooling-off period does apply to that other work.
4.6 There is no cooling-off period for business clients.
5. Execution and planning
5.1 We carry out the work expertly, in line with what was agreed and with the rules that apply to roofing work.
5.2 We may have (part of) the work carried out by skilled professionals who are not employed by us. We remain responsible for the work.
5.3 A start or completion date we give is an expectation, not a firm deadline. Roofing depends on the weather. In rain, frost, snow or strong wind we may postpone or interrupt the work, because it cannot then be done safely or properly. We will then agree a new schedule with you.
5.4 If we run significantly late for another reason, you can give us a reasonable period in writing to start or finish the work. If we do not meet that period, you may terminate the agreement for the part that has not yet been carried out.
5.5 If the roof has to stay open during the work, we will provide proper temporary covering.
6. What we ask of you
6.1 You make sure we can carry out the work at the agreed time. This means, among other things:
- that we can easily reach the roof and the work area;
- that there is space for materials and, where needed, a skip, scaffolding or ladder;
- that we can use electricity and water free of charge;
- that spaces under the roof, such as the attic, are clear and accessible if we asked you for this in advance.
6.2 If we need to use a neighbour's property for the work, you arrange permission for this, unless we agree otherwise.
6.3 You tell us beforehand what you know that matters for the work, such as previous leaks, (possible) asbestos, pipes or cables in or on the roof, and solar panels or other installations.
6.4 If a cause on your side means we cannot start or continue the work, we may charge the reasonable extra costs this causes.
7. Additional work, reduced work and hidden defects
7.1 Additional work is work that is not in the quotation. We only carry out additional work after consulting you. We tell you in advance roughly what it will cost and record it in writing where possible.
7.2 What lies under a roof covering often only becomes visible once the roof is opened up: think of rotten roof boarding, damaged beams or asbestos. If we discover something like this, we stop that part of the work and consult you before continuing.
7.3 If immediate action is needed to prevent damage, for example because the roof is open and it starts to rain, we may take the necessary measures without consulting you first. We will let you know as soon as possible. The reasonable costs of this count as additional work.
7.4 Asbestos is removed in accordance with the legal rules, by a certified company where required. The costs are not included in the price unless the quotation says so.
7.5 If work that was in the quotation is dropped (reduced work), we deduct it from the price.
8. Completion
8.1 When the work is finished, we will let you know. We are happy to inspect it together with you.
8.2 The work is completed once you have approved it. If you do not tell us within 8 days of our notice that the work is finished that you reject it, the work is also considered completed.
8.3 Minor defects that do not stand in the way of use are not a reason to reject the work. We note them and fix them as soon as possible.
8.4 Even after completion, we are liable under the law for defects you did not discover at completion, unless the defect cannot be attributed to us.
9. Payment
9.1 For larger assignments we ask for a down payment of 50% of the contract price. The quotation states whether this applies to your assignment. You pay the down payment before we start work. Until it has been received, we may postpone the start.
9.2 You pay the balance, or for smaller assignments the full amount, after completion, within 5 days of the invoice date.
9.3 If you, as a consumer, do not pay on time, we first send you a reminder giving you 14 days to pay. If you still do not pay, you owe the statutory interest and collection costs in accordance with the Dutch Extrajudicial Collection Costs Decree.
9.4 If something is wrong with the work, you as a consumer may withhold the part of the payment that is proportionate to the defect. You pay the rest as normal.
9.5 Materials we have delivered but not yet installed remain our property until you have paid the invoice.
10. Guarantee
10.1 We give a 10-year guarantee on a new roof that we have installed. The guarantee starts on the day of completion.
10.2 If, within those 10 years, a defect arises in the new roof that results from our workmanship or from materials we supplied and installed, we will repair it free of charge. If a manufacturer gives a longer guarantee on a material, we will help you make use of it.
10.3 For other work, such as repairs, maintenance and insulation, the guarantee stated in the quotation or on the invoice applies. If nothing is stated there, your statutory rights apply.
10.4 An emergency repair or temporary measure, such as provisionally sealing a leak, is intended to prevent further damage until the permanent repair. We give no guarantee on it.
10.5 The guarantee does not cover damage or defects caused by:
- normal wear and ageing, and colour differences or discolouration of materials;
- storms, hail, lightning or other exceptional weather conditions;
- work on the roof by others, such as installing solar panels, aerials or satellite dishes;
- insufficient maintenance, such as blocked gutters and drains;
- incorrect use or loading of the roof, such as walking on it or placing items on it when the roof is not designed for this;
- animals, such as birds, martens or vermin;
- moisture or condensation due to insufficient ventilation or the structural condition of the building, unless this results from our work or our advice;
- parts of the roof or roof structure that we did not renew.
10.6 If you discover a defect, report it to us in writing as soon as possible, with a description and photos if you can. As a consumer, you are always on time if you report it within two months of discovering the defect. In the meantime, do not let others work on the defect, except where needed to prevent further damage.
10.7 We will come and inspect the defect as soon as possible. If it is covered by the guarantee, we repair it free of charge. If it is not, we discuss the repair and the costs with you. We only charge for the inspection in that case if we told you so in advance.
10.8 A repair under guarantee does not extend the guarantee period.
10.9 As long as the invoice for the work has not been paid in full, we may postpone guarantee work. This does not apply to an amount you withhold because of the defect under article 9.4.
10.10 This guarantee is in addition to your statutory rights and does not take them away.
11. Liability and insurance
11.1 Trudodak has public liability insurance and CAR (Construction All Risks) insurance, which covers damage to the work while it is being carried out. On request, we will give you the details of our insurer and the cover. We do not have separate insurance for the guarantee, for example in case Trudodak ceases to exist.
11.2 If we are liable for damage, that liability is limited to the amount our insurer pays out in that case, plus our own excess. If the insurer pays nothing, our liability is limited to the amount of the assignment.
11.3 The limitation in article 11.2 does not apply to personal injury, nor if the damage was caused by intent or deliberate recklessness on the part of us or our management.
11.4 We are not liable for damage caused by incorrect or incomplete information you gave us, or by defects in the existing structure that we could not reasonably have discovered.
12. Cancellation and termination
12.1 You can always cancel the assignment, also after the cooling-off period. Under the law you then pay the agreed price minus the costs we save as a result of the cancellation, such as materials we have not yet ordered. We will show you how we calculated that amount.
12.2 We may suspend the work or terminate the agreement if you do not pay an amount you owe, such as the down payment, even after a written reminder giving you a reasonable period. The same applies if you do not let us carry out the work.
13. Force majeure
13.1 If force majeure (temporarily) prevents us from keeping our agreements, they are postponed. Force majeure includes, for example, extreme weather, illness, supplier problems, strikes or government measures.
13.2 If the force majeure lasts longer than two months, both you and we may terminate the agreement for the part that has not yet been carried out. You pay proportionately for what has already been done.
14. Complaints
14.1 Not happy with something? Let us know as soon as possible, by phone or email. We will respond in substance within 14 days.
14.2 Trudodak is not affiliated with a disputes committee. If we cannot resolve it together, the dispute can be brought before the court (see article 16).
15. Additional terms for business clients
If you are a business client, the following terms apply in addition to, and where necessary instead of, the articles above:
15.1 If you do not pay on time, you owe the statutory commercial interest from the due date without a reminder being needed. You also pay collection costs of 15% of the outstanding amount, with a minimum of € 150.
15.2 You may not set off a payment against a claim on us. If there is a defect, you may only withhold the part of the payment that is proportionate to the defect.
15.3 You report defects that are visible at completion at the time of completion. You report other defects within 14 days of discovering them.
15.4 We are not liable for indirect damage, such as consequential loss, lost profit and business interruption. In all cases our liability is limited to the amount our insurer pays out or, if it pays nothing, to the invoice amount of the assignment excluding VAT. This does not apply in the case of intent or deliberate recklessness.
15.5 A claim against us lapses if you have not started proceedings within one year of reporting the defect or damage to us.
15.6 Disputes are submitted to the District Court of Oost-Brabant.
16. Applicable law and disputes
16.1 Dutch law applies to all our quotations and agreements.
16.2 If you have a complaint or dispute with us, we first try to resolve it together.
16.3 If that does not work, the dispute can be brought before the court that has jurisdiction under the law. For business clients, article 15.6 applies.
17. Privacy
17.1 We handle your data with care. Our privacy statement explains how.
18. Changes
18.1 We may change these terms. Your assignment is governed by the terms that applied when you gave it.
Annex: model withdrawal form
Only complete and return this form if you, as a consumer, wish to withdraw from the agreement (see article 4).
To: Trudodak, Kermisberg 18, 5508 DW Veldhoven, the Netherlands, info@trudodak.nl
I/We* hereby give notice that I/we* withdraw from my/our* contract for the provision of the following work:
.....................................................................
Ordered on: ...........................................
Name: ...........................................................
Address: ...........................................................
Signature (only if this form is sent on paper): ..........................
Date: ...........................................................
* Delete as appropriate.
