Terms and Conditions

Article 1. Definitions

In these terms and conditions, the following definitions apply:
Natural person, consumer not acting in the exercise of a profession or business
Ventilation Service Netherlands and the maintenance technician designated by it
The agreement between the Client and the Contractor for the execution of maintenance during the contract period according to agreed intervals;
The telephone/written discussed work on the system for balanced ventilation with heat recovery and mechanical ventilation unit in accordance with the guidelines prescribed by the system’s manufacturer
The performance of maintenance activities on the ventilation system (for a maximum of 2.5 hours), including the cleaning of the internal parts of the ventilation box (ducts and valves included) and the readjustment of the ventilation system based on valves installed in the ducts.
Measurement of the airflow of the incoming and outgoing ventilation ducts prior to the maintenance, where possible.
The mobile work order provided to the client as part of the maintenance and baseline measurement, containing the results of the measurements of the airflow of incoming and outgoing ventilation ducts.


Article 2: The Price

  1. The agreed price for the maintenance contract and/or the (one-time) maintenance service and/or the initial service, including travel expenses and VAT, but excluding the costs for additional materials and parts.
  2. Price changes may be implemented in response to national price increases from suppliers.
  3. The agreed price for a maintenance contract may be changed at the start of a new contract period.
  4. The contractor is obligated to inform the client in a timely manner before the end of the contract period about any price change, whereby the client retains the right to opt out of renewing the maintenance contract.


Article 3: Formation of the Contract

  1. The contract for a maintenance contract, a (one-time) maintenance service, or an initial or emergency service is established after the contractor has confirmed it in writing to the client.
  2. Included in the contract are the agreed price per year and the maintenance interval.
  3. After the contract is established, a date for performing the maintenance work, as well as a time frame, is determined in consultation with the client.


Article 4: Obligations of the Contractor

  1. The contractor is obligated to perform or ensure the performance of the agreed tasks competently as a skilled tradesman.
  2. The contractor or the maintenance technician designated by the contractor will carry out the maintenance work in accordance with the guidelines provided by the manufacturer of the ventilation system and will use certified measuring equipment.
  3. The contractor must immediately inform the client of any defects found in the ventilation system and/or ventilation ducts, roof penetrations, and/or other items that directly affect the system’s functioning.
  4. After the maintenance work is completed, the client will receive the measurement report from the contractor, which also includes a list of materials and/or parts used.
  5. If the contractor is unable to perform the work on the agreed date, the client will be notified as soon as possible, at least one day in advance (excluding force majeure).
  6. The contractor is liable for damage, as far as it can be attributed to him, up to the maximum amount for which he is insured. Damage caused to wiring that has been run through the ventilation ducts cannot be attributed to the contractor.


Article 5: Obligations of the Client

  1. For the performance of periodic maintenance as part of the maintenance contract, the client is responsible for maintaining the system since the previous maintenance.
  2. If significant changes are observed by the contractor, such as those due to renovations by the client, the contractor’s obligations under the maintenance contract are voided, and the contract can only be reinstated after an initial service has been performed.
  3. The client must provide the contractor with the opportunity to perform the work and must provide the necessary connections for electricity and water required for the job.
  4. The cost of electricity, gas, and water shall be borne by the client.
  5. The work is considered to have been performed if the contractor has been prevented more than once from carrying out the agreed tasks.
  6. If and when the HRV unit is malfunctioning, this must be reported by the client to the contractor. Maintenance or initial service cannot be performed if the unit is malfunctioning.
  7. The client must not make any changes or repairs to the system themselves. Valves should not be disassembled and should only be cleaned externally, taking careful account of the valve’s adjustment.
  8. Relocation must be reported to the contractor no later than three months before the move (or timely).
  9. The client is responsible for timely reporting of any wiring that has been routed through the ventilation ducts. Damage to the wiring is the responsibility of the client. It will be decided in consultation whether and how cleaning can proceed.
  10. Disruptions due to temporary power outages for maintenance are the risk of the client and cannot be attributed to contractor negligence.
  11. Damages must be reported within 24 hours.
  12. If the client fails to cancel at least 24 hours before the scheduled appointment or is not present at the agreed date and time, the contractor reserves the right to charge the full agreed amount, unless otherwise agreed.


Article 6: Payment

  1. If and to the extent that prepayment has been agreed upon, the costs for the maintenance contract are due on the first day of the contract period.
  2. For additional costs for materials and/or parts required for the maintenance, a cost specification will be provided to the client.
  3. The costs for the maintenance contract are to be paid within 30 days after receipt of the invoice. The costs for materials and/or parts are to be paid within 14 days after receipt of the invoice. If the client does not pay on time, they will be considered in default after one payment reminder, which alerts them of their neglect if not paid within 14 days from receiving the reminder, without any further notice.
  4. Interest may be charged by the contractor on the overdue payment from the final payment date mentioned in the reminder until the date of receipt of the amount due. This interest rate is equal to the statutory interest rate pursuant to Article 6:119 of the Civil Code.
  5. After the expiration of the 14-day term mentioned in clause 3, the contractor is authorized to proceed with the collection of the due amount without further notice. In such cases, the associated extrajudicial costs are borne by the client.


Article 7: Non-Compliance with Obligations

  1. The client has the right to a refund of prepaid subscription fees on the first day after the end of the contract period if and to the extent that the contractor, after prior written notice of default, is in breach of his obligations under the maintenance contract on that day.
  2. If one of the parties fails to fulfill its obligations or in the event of a suspension of payments, the other party is entitled to suspend the execution of this agreement.
  3. If one of the parties is unable to fulfill its obligations under this agreement due to a cause that cannot be attributed to them, they must immediately contact the other party.


Article 8: Termination of the Agreement

  1. The client may terminate the agreement before its term ends, but will not be entitled to a refund of any costs already paid.
  2. In the event of the client’s relocation, the client must enable the contractor to offer the new resident the option to take over the contract.


Article 9: Final Provision

Dutch law applies to agreements made on the basis of these general terms and conditions.