Terms and Conditions

1. These general terms and conditions apply to all quotes, agreements, deliveries and work by OptiKlimaat relating to heat pumps, air conditioning systems, ventilation systems, central heating installations and related installations, including supply, installation, maintenance, inspection, breakdown service and repair.
2. Deviations from these terms and conditions are valid only if agreed in writing.
3. If any provision of these terms and conditions proves wholly or partly void or voidable, the remaining provisions remain in full force.

1. All quotes from OptiKlimaat are non-binding unless expressly stated otherwise.
2. Quotes are valid for 14 days from the quote date unless otherwise indicated.
3. Obvious errors, mistakes, calculation errors, typographical errors or slips of the pen do not bind OptiKlimaat.
4. An agreement is formed once the customer has accepted a quote in writing or electronically, or once OptiKlimaat has begun carrying out the work.
5. If information provided by the customer proves incorrect or incomplete, OptiKlimaat has the right to amend the agreement or quote.
6. OptiKlimaat reserves the right to refuse an order if execution is reasonably not possible, safe or responsible.

1. All prices include VAT unless stated otherwise.
2. Unless otherwise agreed in writing, the customer must pay 50% of the agreed amount as a deposit before materials are ordered or work is scheduled.
3. For delivery and installation of equipment, the remaining invoice amount must be paid immediately upon completion.
4. Invoices for maintenance, inspections, breakdowns, diagnostics, service visits and repairs must be paid immediately after completion of the work, unless otherwise agreed in writing.
5. In the event of late payment, OptiKlimaat is entitled to charge statutory interest and statutory collection costs.
6. OptiKlimaat has the right to suspend work for as long as payment obligations have not been met.
7. Objections to an invoice do not suspend the payment obligation.

1. OptiKlimaat carries out work to the best of its knowledge and craftsmanship.
2. The customer provides a safe, accessible and suitable workplace.
3. The customer ensures the availability of necessary facilities such as electricity, water and unobstructed access.
4. Permits, consents and other necessary approvals are at the customer’s expense and responsibility.
5. If asbestos, hidden defects, structural deficiencies or other unsafe situations are encountered during work, OptiKlimaat has the right to suspend work immediately.
6. If work cannot be carried out due to circumstances attributable to the customer, the resulting costs may be charged to the customer.
7. OptiKlimaat may have work carried out wholly or partly by third parties.
8. The customer is responsible for the structural suitability, load-bearing capacity and building condition of the location where an installation is placed.
9. OptiKlimaat does not perform structural calculations or building assessments unless otherwise agreed in writing.
10. OptiKlimaat may assume the soundness of existing roofs, façades, floors, foundations and other structures.
11. If there is doubt about structural suitability, OptiKlimaat may require a structural calculation or expert report.
12. The customer must ensure that installations are safe and readily accessible for inspection, maintenance, repair and replacement of parts.
13. If work cannot be carried out or can only be carried out partly due to limited accessibility, the resulting extra costs may be charged.
14. OptiKlimaat is responsible for the equipment it supplies and installs and the work carried out in connection therewith.
15. The operation, capacity and performance of existing radiators, underfloor heating, convectors, pipework, manifolds, thermostatic valves, controls and other heat emitters fall outside OptiKlimaat’s responsibility unless otherwise agreed in writing.
16. OptiKlimaat cannot be held liable for comfort complaints, insufficient heat output, uneven heat distribution, malfunctions or loss of efficiency resulting from existing installations, contamination, incorrect sizing or lack of hydraulic balancing.
17. For work on installations not supplied or installed by OptiKlimaat, OptiKlimaat may assume a correct installation carried out in accordance with applicable regulations.
18. If vacuum reports, pressure test reports, commissioning reports or other relevant documentation are missing, OptiKlimaat cannot be held liable for pre-existing defects or shortcomings.
19. If it appears that an installation was not carried out in accordance with applicable regulations or manufacturer guidelines, OptiKlimaat may suspend work until remedial action has been taken.
20. If OptiKlimaat commissions equipment it did not supply, responsibility for the quality and warranty of that equipment remains with the supplier or manufacturer.
21. Calculations, power determinations, capacity calculations, savings indications, efficiency estimates and payback periods are indicative and do not constitute a guarantee.
22. Actual performance depends among other things on weather conditions, user behaviour, insulation, settings and existing installations.
23. OptiKlimaat cannot be held liable for noise experiences, vibrations or resonance phenomena arising from existing building conditions or subjective perception of noise, provided the installation was placed in accordance with applicable regulations.

1. Additional work or materials not included in the original quote are considered additional work.
2. Additional work is invoiced separately.
3. If circumstances require immediate execution, OptiKlimaat may carry out necessary additional work and charge the costs thereof.
4. Additional and reduced work may affect price and planning.

1. Work is considered completed once OptiKlimaat has notified that the work is finished and the installation may be put into use.
2. Minor defects that do not prevent normal use do not prevent completion.
3. If the customer puts the installation into use, the work is deemed to have been completed.
4. Complaints about completion must be reported within 14 days of completion.

1. OptiKlimaat ensures that work is carried out professionally.
2. For products supplied, only the manufacturer’s warranty applies unless otherwise agreed in writing.
3. Installation work carried out by OptiKlimaat is covered by a 6-month warranty after completion.
4. The warranty applies only to work carried out by OptiKlimaat.
5. The warranty does not apply to defects caused by:
   • incorrect use;
   • work by third parties;
   • insufficient maintenance;
   • existing installations or parts not supplied or fitted by OptiKlimaat;
   • external causes such as lightning strike, power surge, fire, frost, water damage or vandalism.
6. Complaints must be reported in writing within a reasonable period after discovery.
7. The customer must always first give OptiKlimaat the opportunity to investigate a defect and remedy it if necessary.
8. For maintenance, inspection and repair work, the warranty applies only to the work carried out and parts replaced.
9. OptiKlimaat is not liable for pre-existing defects, wear, faults or malfunctions unrelated to the work carried out.
10. Maintenance, inspection or partial repair does not mean the entire installation is checked or guaranteed.
11. Diagnostics and repair advice are based on information, measurement data, technical documentation and practical experience available at that time.
12. If after completion of work additional defects exist that could reasonably not have been identified earlier, OptiKlimaat cannot be held liable for these.
13. If recommended follow-up work is not carried out, OptiKlimaat is not liable for malfunctions or damage resulting therefrom.
14. The statutory rights of consumers remain fully in force.

1. OptiKlimaat is liable only for direct damage that is the direct result of an attributable shortcoming.
2. OptiKlimaat is not liable for indirect damage, consequential damage, loss of profit, loss of turnover, missed savings or business damage.
3. OptiKlimaat is not liable for damage arising from:
   • incorrect information from the customer;
   • existing installations;
   • work by third parties;
   • failures in utility services;
   • force majeure.
4. The customer must first give OptiKlimaat the opportunity to investigate and remedy a defect.
5. If OptiKlimaat is liable, liability is limited to the amount of the relevant order.
6. These limitations do not apply in case of intent or deliberate recklessness.

1. The customer may cancel an agreement in writing.
2. Upon cancellation the customer must reimburse costs already incurred by OptiKlimaat.
3. These include among others:
   • ordered materials;
   • preparation costs;
   • work carried out;
   • costs of third parties.
4. Specially ordered materials that cannot be returned are fully at the customer’s expense.
5. A deposit received is offset against costs incurred and refunded only to the extent that costs incurred are lower than the deposit received.

1. OptiKlimaat is not obliged to fulfil obligations if this is reasonably impossible due to circumstances beyond its control.
2. Force majeure includes among others:
   • extreme weather conditions;
   • fire;
   • government measures;
   • supply problems;
   • transport problems;
   • failures at grid operators;
   • illness or incapacity for work;
   • power or internet outages.
3. During force majeure obligations may be suspended.
4. If force majeure lasts longer than 60 days, both parties may terminate the agreement for the part not yet performed.

1. All products and materials supplied by OptiKlimaat remain the property of OptiKlimaat until full payment has been made.
2. As long as payment has not been made in full, the customer may not sell, pledge or otherwise transfer the delivered goods to third parties.
3. The customer provides all reasonable cooperation necessary to exercise the retention of title.

1. Dutch law applies exclusively to all agreements between OptiKlimaat and the customer.
2. The parties will endeavour to resolve disputes first by mutual consultation.
3. If a dispute cannot be resolved by mutual consultation, it will be submitted to the competent Dutch court.