General
These general terms and conditions apply to every offer, quotation, and agreement between Frank van der Burg or Ted van der Stap, trading under the name The Car Clinic B.V., Chamber of Commerce number 93591160 (hereinafter referred to as The Car Clinic), and a client, insofar as these conditions have not been deviated from in writing by the parties.
Where these general terms and conditions refer to the client, both private clients and business clients are meant. A private client refers to a natural person who assigns the task other than in the exercise of a profession or business. A business client refers to a client who assigns the task in the exercise of their profession or business.
The applicability of any general terms and conditions of the client is expressly rejected.
If one or more provisions of these general terms and conditions are wholly or partially nullified or declared void by a court at any time, this does not affect the validity of the remaining provisions.
Offers and Agreements
Offers are non-binding unless stated otherwise in the offer or if a deadline for acceptance is specified. If the client fails to notify The Car Clinic in writing before this deadline that they do not wish to accept the offer or wish to accept it under different terms or with a different execution date, the offer is deemed to have been accepted as initially presented.
If the client cancels an accepted offer, the client is liable to pay 25% of the agreed amount as cancellation costs to The Car Clinic.
The Car Clinic cannot be held to an offer if the client can reasonably understand that part or all of the offer contains an obvious mistake or clerical error.
The Car Clinic reserves the right to withdraw or amend the offer within five business days after receiving acceptance. The Car Clinic will notify the client in writing of the reason for this decision.
If acceptance deviates (on minor points) from the offer, The Car Clinic is not bound by it. In that case, the agreement does not come into effect according to the deviating acceptance unless The Car Clinic indicates otherwise.
Verbal agreements only bind The Car Clinic when confirmed in writing.
All prices listed in an offer are in euros and exclusive of VAT and other government levies, as well as any costs incurred as part of the agreement, such as travel expenses, accommodation costs, shipping costs, and administrative costs, unless stated otherwise.
Offers do not automatically apply to future orders.
By accepting the offer or assigning the task, the client grants The Car Clinic permission to take photos and videos of the vehicle and use them for promotional purposes for The Car Clinic. The vehicle's license plate will be obscured.
Execution of the Agreement
The Car Clinic will carry out the work to the best of its knowledge and ability and in accordance with the standards of good craftsmanship. The Car Clinic reserves the right, at its discretion, to have certain tasks performed by third parties.
The client must deliver the vehicle at the agreed time and location, free of personal belongings. The Car Clinic accepts no liability for missing personal items.
Agreed or stated timeframes are never strict deadlines. If the deadline is exceeded and The Car Clinic has failed to notify the client in writing, the client may notify The Car Clinic of default in writing.
If the client fails to pick up the vehicle (or related items such as tires/wheels/parts) within 5 working days after The Car Clinic has notified them that the agreed work has been completed, The Car Clinic may charge a reasonable fee for storage.
The Car Clinic reserves the right to exercise a lien on the vehicle if the client has not fully paid for the work performed on the vehicle, even if these are costs for previous work performed for the client or third parties.
Modification of the Agreement
If it becomes apparent during the execution of the task that changes or additions to the work are necessary for proper execution of the agreement, the parties will adjust the agreement in writing by mutual consent.
If the change or addition to the agreement has financial or qualitative consequences or affects the agreed deadline, The Car Clinic will inform the client of this in advance upon request.
The Car Clinic will not charge additional costs if the change or addition to the agreement is due to circumstances attributable to The Car Clinic.
Payment
If the parties agree on an advance payment, it must be received by The Car Clinic before work begins.
The invoice must be paid immediately before delivery or collection of the vehicle unless otherwise agreed in writing and confirmed by The Car Clinic. If payment after delivery is agreed, the due amount must be paid within 7 days of the invoice date.
Disputes about the invoice or other matters do not suspend the client’s payment obligation.
If the client fails to make timely payment, they are immediately and without notice of default in breach. The client will then owe statutory (commercial) interest to The Car Clinic.
All (extra)judicial costs associated with the collection of invoiced amounts, including execution costs, will be borne by the client. The extrajudicial costs amount to 15% of the invoice amount with a minimum of €40.00, unless otherwise determined by law.
Inspection and Complaints
The client is obliged to inspect the work immediately after the vehicle is made available by The Car Clinic.
Complaints regarding the work must be reported by the client in writing and specified to The Car Clinic within 8 days of completion, failing which any claim against The Car Clinic will lapse. Complaints never entitle the client to suspend payments.
Minor, commercially customary, or technically unavoidable deviations in quality, color, size, or finish cannot form grounds for complaints.
The client must allow The Car Clinic to investigate the complaint. If a complaint is found to be unfounded, the costs incurred will be borne by the client.
If a complaint is well-founded, The Car Clinic will take care of the necessary repair work.
Liability
If The Car Clinic is liable, that liability is limited to what is stipulated in this provision.
The Car Clinic is not liable for any damage of any kind, except for direct damage caused by intent or deliberate recklessness by The Car Clinic and unless this limitation of liability is in conflict with mandatory law.
If The Car Clinic is liable for direct damage, this liability is limited to the amount paid out under a concluded (professional) liability insurance policy. If the insurance company does not pay the full amount of the damage, liability is limited to the invoice amount related to the liability.
The Car Clinic is in no event liable for indirect damage, including, but not limited to, business damage, loss of profits, costs of replacement transportation, immaterial damage, and damage to third parties.
The Car Clinic is not liable for theft or loss of the vehicle or for theft or loss of items belonging to the client/contractor or third parties present in or attached to the vehicle that The Car Clinic holds for any reason.
The Car Clinic is not liable for damage resulting from incorrect or incomplete information/data provided by or on behalf of the client.
The Car Clinic is not liable for damage to parts of the vehicle due to work performed by The Car Clinic if those parts were in poor condition.
The client must ensure that the vehicle is sufficiently insured. The client declares that they have taken out insurance and that there is no overdue premium payment during the period the vehicle is housed for the agreed-upon work or storage.
Force Majeure
The Car Clinic is not obliged to fulfill any obligation towards the client if it is hindered, in whole or in part, by force majeure. Force majeure refers to any external cause, as well as any circumstance that reasonably should not be at The Car Clinic’s risk, such as delays by or failure of suppliers, transport impossibilities, strikes, government measures, negligence of suppliers or manufacturers, employee illness, and defects in auxiliary/transport equipment.
During the period that the force majeure continues, The Car Clinic may suspend its obligations under the agreement or demand that the content be amended to allow execution. If the period lasts longer than ninety days, the parties have the right to dissolve the agreement. In no case is The Car Clinic obliged to pay any penalties or compensation. The work already performed under the agreement will then be settled proportionally.
Replacement Parts
If parts or materials are replaced during the work, they become the property of The Car Clinic, unless otherwise agreed. In the latter case, the client must immediately collect the replaced parts or materials after the vehicle’s delivery.
Suspension and Termination
The Car Clinic is authorized to suspend its obligations or dissolve the agreement if the client fails to meet their obligations in full or on time, or in the event of liquidation, suspension of payments, bankruptcy, or any other circumstance that limits the client’s access to their assets or income. This may be done without any notice of default by The Car Clinic.
None of these situations or others releases the client from their obligation to pay for work performed up to that point.
If The Car Clinic suspends or terminates the agreement, it is not obliged to compensate any damages or costs incurred.
If The Car Clinic demands the termination of the agreement, its claims against the client are immediately payable.
If the termination is attributable to the client, the client is obliged to compensate the direct and indirect damage caused, as well as any additional costs.
The client has no right to dissolve the agreement entirely or partially or suspend their obligations if they were already in default of their obligations.
In the event of partial dissolution, the client cannot claim the undoing of work already performed or costs previously charged, and The Car Clinic retains the right to full payment for services already provided and costs already incurred.
Data Management
Client data is included in The Car Clinic’s customer database. The Car Clinic will not provide client data to third parties and will treat the data confidentially.
Google Analytics: We use Google Analytics to collect anonymous data on how visitors use our website. This helps us improve the website and optimize the user experience.
Applicable Law and Disputes
All agreements between the parties are exclusively governed by Dutch law. Disputes between the parties will be submitted exclusively to the competent court in the district where The Car Clinic is based, unless mandatory law prescribes otherwise.
