General Terms and Conditions


  1. Definitions In these terms and conditions, the following is understood to mean:
  2. Pratissoli: Hurk Techniek, registered in the Trade Register under number 17163494.
  3. Client: the counterparty of Pratissoli.
  4. Quotation: the written offer from Pratissoli containing the work and/or products desired by the Client (whether or not accompanied by a work description).
  5. Applicability and scope
  6. These terms and conditions apply to all agreements between Pratissoli and the client.
  7. Any conditions of the Client are expressly rejected.
  8. Deviations from and additions to these terms and conditions apply only if and to the extent that they have been expressly accepted in writing by Pratissoli.
  9. If one or more of these general terms and conditions conflict with a mandatory legal provision or any applicable statutory regulation, this condition shall become invalid and Pratissoli shall replace this condition with a new, comparable, and legally permissible provision.
  10. An agreement is only concluded after Pratissoli has issued a quotation in this regard, or at the moment Pratissoli has commenced the execution of the assignment.
  11. If Pratissoli makes use of subcontractors and/or non-subordinates acting on behalf of Pratissoli in the course of Pratissoli's business, these terms and conditions shall also apply as if they had been agreed directly between the Client and the subcontractors and/or non-subordinates.
  12. Quotation, price and payment
  13. All offers and quotations from Pratissoli are revocable and are made without obligation, unless the offer includes a deadline for acceptance or unless expressly stated otherwise in writing.
  14. The Client guarantees the accuracy and completeness of the dimensions, requirements, performance specifications, and other data provided by or on behalf of the Client to Pratissoli, upon which Pratissoli bases its offer.
  15. The prices in Pratissoli's offers and quotations are based on information provided by the client. If, upon execution of the work, the dimensions, requirements, and specifications of the performance provided by the client no longer correspond to the information provided by the client, Pratissoli is entitled to adjust the price for the work.
  16. The prices in Pratissoli's offers and quotations are exclusive of VAT and other government levies, as well as exclusive of any costs to be incurred in the context of the assignment, including shipping, transport, and administrative costs, unless otherwise agreed in writing.
  17. Unless otherwise agreed in writing, payment by the Client must be made within seven days of the invoice date, without discount, suspension, and/or set-off. This period is considered a strict deadline, upon the expiration of which the Client is in default.
  18. Pratissoli is entitled to demand (partial) prepayment or to require security for payment in any other manner.
  19. Upon expiration of the agreed payment term, the Client shall be in default by operation of law without any further notice of default being required. From the moment of default, the Client shall owe interest of 1% per month on the amount due, unless the statutory (commercial) interest rate is higher, in which case the statutory (commercial) interest rate shall apply. All (extra)judicial costs incurred by Pratissoli to obtain payment – both in and out of court – shall be for the account of the Client from that moment onwards. In that case, the Client shall owe compensation of at least 15% of the outstanding amount, with a minimum of € 100. If the actual costs incurred and to be incurred by Pratissoli exceed this amount, the Client shall owe these costs.
  20. Assignment execution/delivery times
  21. Pratissoli endeavors to carry out the work and/or deliver the products as soon as possible. Stated periods and/or delivery times are never binding deadlines, unless expressly agreed otherwise in writing.
  22. All goods supplied by Pratissoli remain the property of Pratissoli until full payment has been received.
  23. Pratissoli is entitled to dissolve the agreement, in whole or in part, with immediate effect, without judicial intervention and without any notice of default being required, if: a. The Client applies for a suspension of payments; b. The Client is in a state of bankruptcy; c. The Client ceases its business operations.
  24. Client obligations
  25. The Client makes the water, electricity, and gas required for the execution of the work description available to Pratissoli free of charge.
  26. The Client shall note any immediately observable defects in the goods upon receipt on the transport document to be signed upon receipt. Claims regarding other defects shall be made immediately after discovery of the defect, failing which all rights and claims shall be forfeited, but in any event within seven days of the invoice date.
  27. The Client shall follow all instructions provided by Pratissoli, and those provided by the manufacturer with the delivered goods, including those regarding the use of the product and the material to which the product may be applied. The burden of proof that the provided instructions have been followed rests with the Client.
  28. If the Client suspects, or can reasonably suspect, that services performed by Pratissoli may have harmful effects as a result of any incident, the Client must notify Pratissoli in writing without delay, in any case within 24 hours, failing which all rights and claims shall be forfeited.
  29. The Client indemnifies Pratissoli against all claims that an employee of the Client, or a third party deployed on the Client's business premises, may have against Pratissoli, whether or not on the basis of employer liability (Articles 7:611 and 7:658 of the Dutch Civil Code), as a result of a work accident that befell them.
  30. Liability and choice of law
  31. If Pratissoli falls short in the performance of its work, it is only obliged to remedy the defective performance. The Client must first give Pratissoli the opportunity to do so.
  32. Pratissoli is never liable for damage that is (partly) the result of failure to follow the provided instructions.
  33. Pratissoli is not liable for damages, unless caused by intent or willful recklessness on the part of Pratissoli or its employees. Pratissoli is never liable for consequential damages, including business losses and stagnation losses.
  34. If Pratissoli is nevertheless liable, its liability shall at all times be limited to the maximum of its insurance.
  35. Disputes and applicable law
  36. This agreement is governed exclusively by Dutch law. The provisions of the Vienna Sales Convention (11 April 1980) are excluded.
  37. All disputes arising from an agreement to which these terms and conditions apply in whole or in part, or from other agreements resulting from such agreements, shall be settled exclusively by the District Court of 's-Hertogenbosch, to the exclusion of all other courts, unless a mandatory legal provision dictates otherwise.