Terms and Conditions
Mavial Service supplies products / takes care of the Interior cleaning of buildings. Below you will find the General Terms and Conditions. These always apply if you use the services of Mavial Service.
Last modified: January 1, 2022
Article 1. Definitions
1.1. General Conditions: The present General Conditions.
1.2. Mavial Service, located at Koolwitjehof 35, 3124BH Schiedam and registered with the Chamber of Commerce under number 50612085, can also be found at https://www.mavialservice.com/.
1.3. Consumer: the Client who is not acting in the course of a profession or business.
1.4. Service(s): services as described in the Agreement.
1.5. Products: all products as described in the Agreement.
1.6. Intellectual Property Rights: rights (of intellectual property), including but not limited to copyrights (including, of course, the copyright that rests on software), database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
1.7. Quotation: a written offer from Mavial Service.
1.8. Client: the natural or legal person, whether or not acting in the exercise of a profession or business, who has concluded an Agreement with Mavial Service.
1.9. Delivery: takes place after approval by the Client, after commissioning by the Client or by notifying the Client, after which there has been no response from the Client within 7 days of notification.
1.10. Agreement: The agreement between the Parties on the basis of which Mavial Service supplies its Products and Services to the Client, and of which the General Terms and Conditions are an integral part.
1.11. Party(ies): Mavial Service and Client together or separately.
1.12. Confidential Information: non-public information related to a Party and information that a Party declares to be confidential, or which, due to the nature of the information or under the circumstances under which the disclosure takes place, should be treated as confidential.
1.13. Employee: The person who is employed by one of the Parties, or who carries out work for the relevant Party on an assignment basis.
1.14. Business Client: the Client who acts in the exercise of a profession or business.
Article 2. Applicability and interpretation
2.1. The General Terms and Conditions apply to and form part of every (legal) act related to the preparation, conclusion or performance of the Agreement. The General Terms and Conditions also apply to all subsequent Agreements between the Client and Mavial Service, if the Client has accepted their validity in previous Agreements with Mavial Service.
2.2. The applicability of any purchase or other conditions of the Client is expressly excluded.
2.3. Provisions or conditions set by the Client that deviate from or do not appear in the General Terms and Conditions only apply to the Agreement insofar as the Parties agree in writing.
2.4. In the event that specific product, promotion or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but the Consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 3. Conclusion of the Agreement
3.1. All Quotations and other offers from Mavial Service are without obligation and valid for a period of 30 days.
3.2. The Agreement is concluded at the moment of acceptance by the Client of the Quotation of Mavial Service and the fulfillment of the conditions set by Mavial Service. If the Consumer has accepted the offer electronically, Mavial Service will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Consumer has the option to dissolve the Agreement.
3.3. An offer is in any case deemed to have been accepted if the Agreement is executed without contradiction. The offer can be accepted orally or in writing.
Article 4. Performance of the Agreement de
4.1. Mavial Service will start execution after the Agreement has been concluded, on the date or time as agreed in the Agreement. If no date of fulfillment has been agreed, Mavial Service will immediately start executing the Agreement.
4.2. If delivery cannot be made within the agreed term, Mavial Service will inform the Client accordingly. Business customer is deemed to agree to a new delivery date. The consumer is given the option to dissolve the Agreement free of charge.
4.3. The Client acknowledges that it has no instructional authority with regard to the Products or Services to be delivered by Mavial Service for the purpose of executing the Agreement.
4.4. The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the assignment. In particular, the Client will ensure that all data, which Mavial Service indicates are necessary or which the Client should reasonably understand to be necessary for the execution of the assignment, are provided to Mavial Service in a timely manner.
4.5. If and insofar as required for proper performance of the Agreement, Mavial Service has the right to engage third parties for the performance of the Agreement. The General Terms and Conditions also apply to the work performed by third parties in the context of the Agreement. These third parties are not authorized to represent.
4.6. Mavial Service is not obliged to have work performed by third parties designated by the Client. The Client is liable for goods for the performance of the Agreement that have been prescribed by or on behalf of the Client, or which are or would be delivered by a supplier designated by the Client, as well as for the non-delivery or late delivery thereof.
Article 5. Duration and end of the Agreement
5.1. The duration of the Agreement is laid down in the Agreement. If no duration is included, the Agreement will be entered into for the duration necessary for the provision of the Products or Services.
5.2. The Consumer can terminate the Agreement at any time with a notice period of one month. If there is a term of a maximum of one year, this option only exists after the end of the term of the Agreement.
5.3. Business Customer cannot terminate the Agreement prematurely.
5.4. In the event of cancellation, the Client will have to pay the full amount, less the savings for Mavial Service resulting from the cancellation. Mavial Service will then Deliver the already completed work. If the price is made dependent on the actual costs to be incurred by Mavial Service, the price owed by the Client will be calculated on the basis of the costs incurred, the work performed and the profit that Mavial Service would have made over the entire work. The amounts remain due after termination of the Agreement and are immediately due and payable from the day of termination.
5.5. Mavial Service may suspend or terminate the Agreement at any time if:
• Client has been declared bankrupt;
• Client has been granted a moratorium;
• the business of the Business Client is dissolved or liquidated.
5.6. Obligations that, by their nature, are intended to continue after the end of the Agreement, remain in full force and effect after the end of the Agreement and apply to the Client and its legal successors.
Article 6. Price and payment
6.1. The Client pays Mavial Service the amount as stated in the Agreement. All prices quoted by Mavial Service are in euros.
6.2. All prices quoted by Mavial Service include sales tax (VAT) and other levies imposed by the government, unless stated otherwise.
6.3. A payment term of 30 days applies to each invoice.
6.4. If a price is based on information provided by the Client and this information turns out to be incorrect, Mavial Service has the right to adjust the price accordingly, even after the Agreement has already been concluded. After this adjustment, the consumer has the right to cancel the Agreement.
6.5. If the Client does not meet his payment obligation(s) in time, Mavial Service will inform him of the late payment. After notification of the late payment, Mavial Service grants the Client a period of 14 days to still fulfill its payment obligations.
6.6. In the event of late payment, the Client is, in addition to the amount owed and the statutory interest due, obliged to pay full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, lawyers, bailiffs and collection agencies.
6.7. Mavial Service can inform itself within legal frameworks whether the Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Mavial Service has good reasons not to enter into the Agreement on the basis of this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.
Article 7. Retention of title
7.1. If and insofar as the Agreement provides for any transfer of ownership or the transfer of Intellectual Property Rights from Mavial Service to the Client, all delivered goods remain the property of Mavial Service as long as Mavial Service has not received full payment of the entire agreed amount.
Article 8. Obligations of the Client
8.1. The Client will ensure that all (technical) information, decisions and data that it believes are necessary for the performance of the Agreement are provided to Mavial Service in a timely manner. The Client is responsible for the correctness and completeness thereof. This includes, but is not limited to, compliance with permit applications and other legal requirements.
8.2. If necessary for the execution of the agreement, the Client will timely provide free access to and free access to the site, the building and/or the location where the work is to be performed. The Client will ensure that Mavial Service can make free use of suitable storage space, any necessary (utility) facilities, such as electricity, (drinking) water, gas, compressed air, telecom or sewerage connection.
8.3. The Client is responsible for clean, safe and healthy working conditions and is obliged to warn Mavial Service and its Employees in good time for dangerous situations.
8.4. The Client is responsible for the circumstances that prevent or hinder the performance of the work.
8.5. The Client permits Mavial Service to affix indications of the name of Mavial Service and the name of the company or advertising on the work site or on fences, fencing or other types of closure of locations or buildings where Mavial Service performs Work.
Article 9. Additional work
9.1. All changes in the execution of the Agreement, either at the request of the Client or as a result of the fact that a different execution is necessary due to whatever circumstances, are regarded as additional work if additional costs are involved. These General Terms and Conditions apply to the additional work.
9.2. If additional work is performed at the request or with the consent of the Client, the additional work will be reimbursed by the Client. Mavial Service may refuse to comply with such a request or enter into negotiations.
9.3. The Client accepts that additional work may cause delays in the Delivery of Products and Services, even if a Time of Delivery has been agreed. The Client is not entitled to compensation for this delay.
9.4. If (the demand for) additional work arises during the execution of the Agreement, this will not create grounds for termination or dissolution of the Agreement for the Client.
9.5. Cost-increasing circumstances that are not attributable to Mavial Service will be settled as additional work. Mavial Service will inform the Client about this as soon as possible. In that case, the consumer has the option of canceling the Agreement.
Article 10. Delivery and delivery time
10.1. Delivery times stated by Mavial Service are indicative and do not apply as strict deadlines, unless the Parties have agreed this in writing.
10.2. Mavial Service reserves the right, if possible, to have the necessary goods and equipment delivered to the Client. The ready equipment and goods can be stored at the expense and risk of the Client.
10.3. Mavial Service remains the owner of all Products until the Client has fulfilled all its payment obligations towards Mavial Service, including the amounts owed due to a shortcoming.
Article 11. Warranty
11.1. Mavial Service guarantees that the Services delivered and (resulting) Products or results comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing on the date of the conclusion of the Agreement. legal provisions and/or government regulations.
11.2. The Client can claim this guarantee if the defect is noticed within 3 months after Delivery and the complaint has been reported immediately after discovery of the defect and the complaint is considered to be well-founded by Mavial Service. Mavial Service will provide a suitable solution in the form of repair or compensation of a maximum of the amount paid by the Client for the relevant part of the Agreement.
11.3. A guarantee provided by Mavial Service, manufacturer or importer does not affect the statutory rights and claims that the Client has under the Agreement.
11.4. The warranty will lapse if it appears that the Client has not followed the advice of Mavial Service, or has not complied with the instructions for use.
Article 12. Intellectual Property Rights
12.1. The Intellectual Property Rights, including all images, drawings, (technical) descriptions and advice that Mavial Service provides to the Client, are vested in Mavial Service.
12.2. The Client will not perform any acts that may infringe the Intellectual Property Rights of Mavial Service and/or its licensors, including but not limited to publishing and/or multiplying the information referred to in the previous paragraph in whole or in part without permission. The Client acknowledges and accepts that any unauthorized use or act infringes the Agreement and applicable law.
Article 13. Confidentiality
13.1. The parties will treat information that they provide to each other before, during or after the execution of the Agreement confidentially if this information can reasonably be regarded as confidential, or if this information has been explicitly designated as confidential by one of the Parties. The parties also impose this obligation on their Employees as well as on third parties engaged by them for the implementation of the Agreement.
13.2. The obligation of confidentiality also continues after termination of the Agreement for whatever reason, and for as long as the providing party can reasonably claim the confidential nature of the information..2. The obligation of confidentiality also continues after termination of the Agreement for whatever reason, and for as long as the providing party can reasonably claim the confidential nature of the information.
Article 14. Liability
14.1. This article only applies to Business Customer.
14.2. The limitations of liability in this Agreement apply except if and to the extent that the damage is the result of intent or willful recklessness on the part of Mavial Service.
14.3. Mavial Service will make every effort to perform the Agreement as carefully and safely as possible. Mavial Service cannot influence the ultimate use of the delivered goods. The Client is therefore responsible for the use of the result of the Agreement.
14.4. Delivery of the Agreement releases Mavial Service from all liability for defects that the Client had already discovered or should reasonably have discovered at the time of Delivery, insofar as the warranty provision does not apply.
14.5. The total liability of Mavial Service for direct damage suffered by the Client as a result of an attributable shortcoming in the fulfillment of this Agreement, or due to an unlawful act by Mavial Service, its employees or third parties engaged by it, is per event or a series of related events is limited to an amount equal to the price stipulated in the Agreement (including VAT), with a maximum of € 5,000.00.
14.6. Direct damage only includes: the reasonable costs to determine the cause and extent of the damage, any reasonable costs incurred to have the defective performance of Mavial Service comply with the Agreement and reasonable costs incurred to prevent or limit damage. , insofar as the Client demonstrates that these costs have led to limitation of direct damage.
14.7. Liability of Mavial Service towards the Client for indirect damage or consequential damage or damage due to loss of turnover or profit, damage due to delay, damage due to loss of data, damage due to exceeding terms as a result of changed circumstances, damage as a result of the provision of inadequate cooperation, information or materials by the Client and damage due to information or advice provided by Mavial Service, the content of which is not explicitly excluded from the Agreement.
14.8. A condition for the existence of any right to compensation is always that the Client reports the damage in writing to Mavial Service within a reasonable term, but in any case within two (2) months after it arises.
14.9. The liability of Mavial Service with regard to attributable shortcoming in the fulfillment of the Agreement only arises if the Client gives Mavial Service notice of default immediately and properly in writing, thereby setting a reasonable term to remedy the shortcoming, and Mavial Service is also attributable after that term. continues to fail to fulfill its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Mavial Service is able to respond adequately.
14.10. The Client indemnifies Mavial Service against all claims from third parties (including customers of the Client) with regard to compensation for damage, costs or interest, in connection with this Agreement and/or the Service.
14.11. Mavial Service cannot be held to fulfill any obligation under the Agreement if Mavial Service is prevented from fulfilling it as a result of force majeure. Mavial Service is not liable for any damage resulting from force majeure.
14.12. Force majeure also includes, but is not limited to: disruptions to public infrastructure, defects in goods, equipment or software or other source material the use of which has been prescribed by the Client, unavailability of Employees, government measures, general transport problems, strikes, wars, terrorist attacks and domestic disturbances.
14.13. If a force majeure situation lasts longer than 90 days, the Parties have the right to dissolve the Agreement in writing. In that case, what has already been performed on the basis of the Agreement will be settled proportionately, without the parties remaining owing each other for the rest.
Article 15. Changes to General Terms and Conditions
15.1. Mavial Service reserves the right to amend or supplement these Terms and Conditions. Changes also apply to Agreements already concluded with due observance of a term of 30 days after announcement of the change.
15.2. Changes will be announced via https://www.mavialservice.com/, by email to Client, or any other channel from which Mavial Service can prove that the announcement has been sent to Client. Non-substantive changes of minor importance can be made at any time and do not require any notification.
15.3. If a Consumer does not wish to accept a change, the Consumer must notify Mavial Service of this within 30 days of notification. Mavial Service can then reconsider the change. If Mavial Service does not revoke the change, the Consumer may terminate the Agreement up to the date on which the new terms take effect.
Article 16. Final provisions
16.1. Dutch law applies to the Agreement.
16.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Mavial Service is located.
16.3. In these General Terms and Conditions, "in writing" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
16.4. If a provision in the Agreement or General Terms and Conditions is found to be invalid, this will not affect the validity of the entire Agreement or General Terms and Conditions. In that case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
16.5. Mavial Service is entitled to transfer its rights and obligations arising from the Agreement to a third party that takes over Mavial Service or Mavial Service's business activities.
Name: Mavial Service
Address: Koolwitjehof 35, 3124BH Schiedam
Email address: firstname.lastname@example.org
Phone no.: 0644106614