Terms and Conditions

Article 1: Definitions

The definitions indicated have the following functions in the context of these general terms and conditions:

1. Assignment/agreement: the assignment agreement, whereby the Contractor undertakes to the Client to carry out certain work;
2. Client: the legal entity or natural person who instructs the Contractor to perform certain work;
3. Contractor: Raco Pest Control, when it has accepted the assignment.

Article 2: Applicability

Paragraph 1: These general terms and conditions apply to: all offers, quotations, orders, legal relationships and agreements, by whatever name, whereby the Contractor undertakes or will undertake to carry out certain work for Clients, as well as to all work arising therefrom for the Contractor. .

Paragraph 2: Deviations from and additions to these general terms and conditions are only valid if they have been expressly agreed in writing.

Paragraph 3: If these general terms and conditions and the assignment agreement contain conflicting provisions, the conditions included in the assignment agreement apply.

Paragraph 4: The applicability of the general terms and conditions on the part of the Client is expressly rejected by the Contractor.

Paragraph 5: The underlying assignment – together with these general terms and conditions – reflect a completeness of agreements between the Client and the Contractor with regard to the work for which an agreement has been concluded. All agreements previously made or proposals made between the parties in this regard will lapse upon conclusion of the agreement and acceptance of the assignment.

Article 3: Execution of assignment

Paragraph 1: The contractor will carry out the assignment to the best of his ability and in compliance with applicable laws and regulations. In line with this, the Contractor has the right to postpone work at the expense and risk of the Client, provided that this is the result of the unavailability of the required utilities, consisting of but not limited to: gas, water and electricity.

Paragraph 2: The contractor determines how the assignment is carried out and by which employee(s).

Paragraph 3: The Contractor has the right to have work carried out by a third party approved by the Client.

Article 4: Regulations

Paragraph 1: The Client always fully cooperates with the obligations arising for the Contractor from the applicable laws and regulations.

Paragraph 2: The Contractor excludes any liability for damage that occurs to the Client as a result of complying with the laws and regulations applicable to the Contractor.

Article 5: Client information

Paragraph 1: The Client is obliged to make available to the Contractor all documents that the Contractor deems necessary for the correct execution of the assignment, in the desired form, in the desired manner and in a timely manner. The Contractor determines what is meant by the desired form, desired manner and timely manner.

Paragraph 2: Documents are understood to mean, for example but not limited to:

1. Construction drawings
   1. Access passes, keys and/or login codes

Paragraph 3: The Client guarantees the accuracy and reliability of the documents provided by him, even if they originate from third parties.

Paragraph 4: The Contractor reserves the right to suspend the execution of the assignment until the Client has met the requirements of paragraphs 1 and 2 of this article.

Paragraph 5: The Client indemnifies the Contractor against damage resulting from incorrect or incomplete documents.

Paragraph 6: The Client will bear the expense and risk of any additional costs and extra hours incurred by the Contractor, as well as any other damage resulting from failure to provide the documents necessary for the execution of the assignment, or to provide them on time or properly.

Paragraph 7: At the Client's first request, the Contractor will return the original documents provided by the Client to the Client, provided that the work permits this.

Paragraph 8: The contractor is not liable for any damage resulting from the late or incorrect return of any documents that are or were relevant for the execution of the agreed.

Article 6: Force majeure and shortcoming

Paragraph 1: If the parties cannot fulfill the obligations under the agreement, cannot fulfill them on time or cannot properly fulfill them as a result of force majeure within the meaning of art. 6:75 BW, those obligations will be suspended until the parties are still able to fulfill them in the agreed manner.

Paragraph 2: If the situation referred to in the first paragraph occurs, the parties have the right to terminate the agreement in whole or in part and with immediate effect in writing, without giving rise to any right to any compensation.

Paragraph 3: Without prejudice to the provisions of art. 6:89 BW, the Client can no longer rely on a shortcoming in the execution of the assignment if the Client has not protested in writing within the period as shown in list 1 attached to these general terms and conditions, after the Client has discovered the shortcoming or could reasonably have can discover.

Paragraph 4: Any claim for compensation will in any case lapse after 3 months after the event from which the damage arose.

Article 7: Payments

Paragraph 1: Payment by the Client of the amounts owed to the Contractor must be made within fourteen days after the invoice date, without the Client being entitled to any deduction, discount or settlement, unless otherwise agreed. The day of payment is the day on which the amount due is credited to the Contractor's account.

Paragraph 2: Amounts due including VAT that do not exceed €400 will be paid immediately, unless otherwise agreed, where possible.

Paragraph 3: If the Client has not paid within the period referred to in the first paragraph, or another period agreed between the parties, the Client is legally in default and the Contractor is entitled to charge statutory (commercial) interest from that moment on. to take.

Paragraph 4: If the Client has not paid within the period referred to in the first paragraph, or another period agreed between the parties, the Client is obliged to reimburse all judicial and extrajudicial (collection) costs incurred by the Contractor.

Paragraph 5: In the event of a joint assignment, Clients are jointly and severally liable for payment of the invoice amount and any interest and costs, insofar as the work has been carried out for the benefit of both Clients.

Paragraph 6: If the financial position or payment behavior of the Client gives reason to do so in the opinion of the Contractor, or if the Client fails to make an advance payment or an invoice within the set payment term.

the Contractor is entitled to require the Client to immediately provide (additional) security in a form to be determined by the Contractor. If the Client fails to provide the required security, the Contractor is entitled, without prejudice to its other rights, to suspend further execution of the assignment and everything that the Client owes to the Contractor, for whatever reason, is immediately due and payable.

Article 8: Terms

Paragraph 1: If a term or date has been agreed between the Client and the Contractor within which the assignment must be carried out and the Client fails to make an advance payment - if agreed

– or to make the necessary data available on time, in full, in the desired form and in the desired manner, then the Client and the Contractor will consult on a new period or date within which the assignment must be carried out.

Paragraph 2: Periods within which the work must be completed can only be regarded as deadlines if this has been expressly agreed in writing between the Client and the Contractor.

Article 9: Liability and indemnities

Paragraph 1: The Contractor is not liable for damage to the Client that arises because the Client has provided incorrect or incomplete information to the Contractor.

Paragraph 2: The Contractor is not liable for any consequential damage, business damage or indirect damage resulting from non-performance, late performance or improper performance by the Contractor.

Paragraph 3: The Contractor is only liable to the Client for damage that is the direct result of (a related series of) attributable shortcoming(s) in the execution of the assignment. This liability is limited to the amount that will be paid out for the relevant case according to the Contractor's liability insurer, plus any deductible to be borne by the Contractor under the insurance.

Paragraph 4: If, for whatever reason, the Contractor's liability insurer does not make a payment, the Contractor's liability is limited to the amount of the sum charged for the assignment.

Paragraph 5: The limitations of liability included in this article do not apply if and insofar as there is intent or deliberate recklessness on the part of the Contractor.

Paragraph 6: The Client is obliged to take damage limiting measures.

Paragraph 7: The Client indemnifies the Contractor against claims from third parties due to damage caused by the Client not providing the Contractor with any, incorrect or incomplete documents.

Paragraph 8: The Client indemnifies the Contractor against claims from third parties (including employees of the Contractor and third parties engaged by the Contractor) who suffer damage in connection with the execution of the assignment as a result of actions or omissions by the Client.

Article 10: Termination

Paragraph 1: The Client and the Contractor can terminate the agreement at any time (prematurely) without observing a notice period. If the agreement ends before the assignment is completed, the Client owes the amount of money in accordance with the work specified by the Contractor and carried out for the Client.

Paragraph 2: The Client is also obliged to compensate the Contractor for any damage resulting from the termination (read: positive contract interest) insofar as work for the Client has not yet commenced, with the understanding that the Client can cancel 48 hours in writing in advance without entry into force of paragraph 1 of this article.

Paragraph 3: Cancellation must always be made in writing.

Article 11: Applicable law and choice of forum

Paragraph 1: These general terms and conditions and further agreements are governed by Dutch law.

Paragraph 2: All disputes will be settled by the competent court in the district where the Contractor is located.

List 1 of the General Terms and Conditions

Type of pest	Protest period as referred to in art. 6 paragraph 3
Mice/rats	If new feces are found in the third and fourth week after the first visit, noise is still audible or new mice and/or rats have otherwise been spotted, a second visit will be scheduled free of charge. Each subsequent visit will be booked for a fixed amount. In any case, four weeks after the first visit there is a new plague.
Wasps	If incoming and/or outgoing activity is still observable at the wasp nest after the first week, a free follow-up treatment will be booked. In any case, two weeks after the first visit there is a new plague.
Cockroaches	If cockroaches are still spotted within four weeks, a free follow-up treatment will be booked. In any case, four weeks after the first visit there is a new plague
Silverfish	If silverfish are still spotted within eight weeks, a free follow-up treatment will be booked. In any case, eight weeks after the first visit there is a new plague.
Mosquitoes/mosquitoes	For all forms of moth infestations, the source must be determined in advance and removed. If moths are still spotted within two weeks after the treatment, a free follow-up treatment will be booked. In any case, two weeks after the first visit there is a new plague.
Bed bugs	If bed bugs are still detected within eight weeks, a free follow-up treatment will be booked. In any case, eight weeks after the first treatment there is a new plague.

Fleas/lice	In all forms of flea and/or lice infestations, the source must be determined in advance and removed. If fleas and/or lice are still detected within two weeks after the treatment, a free follow-up treatment will be booked. In any case, two weeks after the first visit there is a new plague.
Ants	If an ant nuisance is detected again within two weeks, a free follow-up treatment will be booked. In any case, two weeks after the first visit there is a new plague.
Woodworm/longhorn beetle	After controlling the woodworm and/or longhorn beetle, a guarantee certificate with a validity of ten years is issued. Ten years after the first visit, there is in any case a new plague.