Terms and Conditions
Article 1: Applicability
1 These terms and conditions apply to all offers from Noble House. established Adelbert van Scharnlaan 171, 6224 JZ Maastricht, and all agreements it concludes with its relations, hereinafter referred to as "the other party".
2 If in the following a provision specifically relates to the situation in which the other party is a natural person who does not act in the exercise of a profession or business, this will be referred to as "the consumer".
3 Provisions that deviate from these general terms and conditions are only part of the agreement concluded between parties, if and insofar as parties have explicitly agreed in writing.
4 In these general terms and conditions, 'written' is also understood to mean: by e-mail, fax or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
5 The written advice, documents, (appraisal) reports, investigations, etc. to be produced by Noble House and / or to be provided by Noble House will hereinafter be referred to as "the documents". "Documents" means written documents and works recorded on other media, such as on computer discs, USB sticks or any other data carriers, unless the parties have expressly agreed otherwise in writing.
6 The non-applicability of a (part of a) provision of these general terms and conditions for any reason does not affect the applicability of the other provisions.
7 If Noble House does not require the counterparty's compliance with due speed, this does not affect Noble House's right to compliance.
8 The other party cannot rely on the fact that the general terms and conditions have not been handed over if Noble House has previously handed these general terms and conditions to the other party in another transaction.
9 Noble House reserves the right to adjust its general terms and conditions in the event of amended legislation or regulations.
Article 2: Agreements, assignments
1 Oral agreements are binding on Noble House only after they have been confirmed in writing by Noble House or as soon as Noble House has commenced implementing acts with the consent of the other party.
2 Written orders from the other party must be accompanied by a clear description of the services to be provided.
3 Any changes in the execution thereof, further instructions and other notices regarding the assignment that are still required by the other party after the assignment has been given, must be communicated by the other party to Noble House in time and in writing. All this, unless the parties have explicitly agreed otherwise in writing.
4 Changes to the original order, of any nature whatsoever, made by or on behalf of the other party that cause higher costs than those that could be taken into account when quoting and / or confirming the order, will be charged to the other party as additional work.
5 Additions or changes to the general terms and conditions or other changes or additions to the agreement will only become binding after written confirmation by Noble House.
Article 3: Offers, quotations
1 All offers, quotations, price or rate lists etc. of Noble House are without obligation, unless they contain a period for acceptance. If a quotation or offer contains a non-binding offer and this offer is accepted by the other party, then Noble House has the right to revoke the offer within 2 working days of receiving the acceptance.
2 If the other party does not accept an offer or quotation, it is obliged at Noble House's first request to return to Noble House all documents supplied with the offer or quotation.
3 Prices and / or rates in offers are based on the information provided by the other party prior to the offer. If this information is subsequently changed, this may have consequences for the prices and / or rates. Prices are exclusive of sales tax (VAT), unless stated otherwise.
4 If the acceptance of the other party deviates from the offer, then Noble House is not bound by this. No agreement has been concluded, unless the parties have explicitly agreed otherwise in writing.
5 A compound quotation does not oblige Noble House to deliver part of the documents and / or services included in the offer or quotation or to perform part of the work included in this offer or quotation for a corresponding part of the price.
6 Examples and / or provided examples of the documents as well as other information in brochures, promotional material and / or on the Noble House website are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have explicitly agreed otherwise in writing.
7 The examples referred to in the previous paragraph remain the property of Noble House at all times and must be returned at the first request of Noble House, unless the parties have expressly agreed otherwise in writing.
Article 4: Involvement of third parties
If and to the extent that a proper execution of the agreement requires this, Noble House has the right to have certain work or deliveries carried out by third parties, such at the discretion of Noble House.
Article 5: Obligations of the other party
1 The other party must ensure that:
a any information required for the implementation of the agreement will be made available to Noble House in a timely manner and in the form desired by Noble House;
b Noble House gains access to the location that Noble House must visit or inspect at the agreed times in the context of the implementation of the agreement;
c the information carriers, electronic files, software and the like provided by the other party to Noble House are free of viruses and / or defects.
2 The other party ensures that the information to be provided is correct and complete. The other party indemnifies Noble House against consequences arising from incorrect and / or incomplete data.
3 The other party will inform Noble House about developments that are or may be relevant to the implementation of the agreement and the possible conclusion of additional and / or new agreements.
4 If the obligations referred to in this article are not met on time, Noble House is entitled to suspend the execution of the agreement until the other party has met these obligations. The costs in connection with the delay incurred or the costs for performing additional work or the other consequences arising therefrom are for the account and risk of the other party.
5 The other party must - if necessary - make agreements itself with possible stakeholders, such as: mortgage lenders, the tax authorities, local authorities and the like and is liable for any claims of any nature whatsoever from these and other parties which
may arise from the agreement concluded by the lessor with the lessee. The other party indemnifies Noble House against such claims.
Article 6: Personal data
The personal details of the other party are recorded in the administration of Noble House.
Noble House does not provide data to third parties without the consent of the other party, except in connection with the following. The recorded data is used exclusively by Noble House for the implementation of agreements concluded by it with the other party within the framework of its business.
Article 7: Delivery, delivery times
1 Specified periods within which the work must have been performed by Noble House or the documents and / or services must have been delivered can never be regarded as strict deadlines, unless the parties have explicitly agreed otherwise in writing. If Noble House fails to meet its obligations under the agreement or fails to do so in time, it must therefore be given written notice of default and with due observance of a reasonable period.
2 The risk with regard to the documents supplied is transferred to the other party at the time of delivery. In the context of these general terms and conditions, delivery is taken to mean: the moment that the documents to be delivered are actually available to the other party.
3 If it appears impossible to deliver the documents or services to the other party or to perform the agreed work, Noble House reserves the right to store the documents at the risk of the other party. After storage, a period of one (1) month applies within which the other party must enable Noble House to still deliver the documents and / or services or to perform the agreed work, unless Noble House has expressly set a different period.
4 If the other party also fails to meet its obligations after the expiry of the period referred to in paragraph 3 of this article, the other party is in default and Noble House is entitled to the agreement in writing and with immediate effect, without prior or further notice of default. , to dissolve, wholly or partially, without judicial intervention and without being obliged to pay compensation for damage, costs and interest. Noble House is then entitled to destroy the documents already made.
5 The foregoing does not affect the other party's obligation to pay the agreed or stipulated or payable price, as well as any costs.
6 If the implementation of the agreement must be speeded up, overtime and / or other additional costs incurred may be charged.
7 Noble House is entitled - with regard to the fulfillment of the other party's financial obligations - to demand payment in advance or security from the other party, before proceeding to delivery and / or starting the work to be performed.
Article 8: Progress, implementation agreement
1 Noble House is obliged to execute the agreement in an expert, careful manner and in accordance with the standards applicable in its sector.
2 Noble House cannot be obliged to start the delivery of the documents and / or services or the execution of the work until it has received all the information necessary for this and has received any agreed (advance) payment. In the event of delays as a result, the specified delivery times will be adjusted proportionally.
3 If the work or the deliveries cannot be carried out normally or without interruption due to causes beyond the control of Noble House, for example due to incomplete provision of data by the other party, Noble House is entitled to charge the resulting costs to the other party .
4 If during the execution of the agreement it appears that it is unenforceable, either as a result of circumstances unknown to Noble House or otherwise not attributable, or due to force majeure, Noble House will consult with the other party about changing the agreement. in such a way that the implementation of the agreement will be possible. Noble House will thereby inform the other party about the possible consequences for the agreed prices and / or rates and / or the agreed (delivery) terms. All this except when performance of the agreement as a result of the aforementioned circumstances will never be possible. Noble House is then in any case entitled to full compensation for the work or deliveries already carried out by Noble House.
5 All expenses incurred by Noble House at the request of the other party are entirely for the account of the latter, unless the parties have expressly agreed otherwise in writing.
Article 9: Mediation
1 A mediation agreement runs for an indefinite period of time, unless explicitly agreed otherwise in writing.
2 Noble House will endeavor to the best of its ability and knowledge to achieve the result desired or intended by the other party, but it is at all times only an obligation of effort for Noble House and not an obligation of result. If the aforementioned result is not forthcoming, this does not release the other party from its obligations towards Noble House, with the exception of any obligations that are explicitly linked by the parties to achieving the intended result.
Article 10: Termination agreement for mediation
1 Unless otherwise agreed and without prejudice to the provisions of Article 18 of these general terms and conditions, the mediation agreement ends inter alia by:
a fulfillment of the agreement by Noble House;
b cancellation by the other party;
c cancellation by Noble House.
2 The agreement is fulfilled once the intended result has been achieved.
3 Noble House is authorized to terminate the agreement with immediate effect by means of a registered letter if, among other things, but not exclusively:
a. the other party acts contrary to any provision of the agreement, the General Terms and Conditions or other agreements of whatever nature concluded between Noble House and the other party, without prejudice to Noble House's right to full compensation or compliance;
b. in the event of bankruptcy, (provisional) suspension of payments, a private agreement with creditors or declaring the debt rescheduling scheme applicable to natural persons;
c. if, in the opinion of Noble House, there is a serious disruption of the relationship between Noble House and the other party;
d. if, in the opinion of Noble House, the other party becomes publicly or commercially seriously compromised;
e. if the other party establishes itself outside the Netherlands and this causes insurmountable problems for Noble House:
f. if it turns out that the Counterparty provided Noble House with incorrect data when entering into the agreement that are such that, if Noble House would have been aware of this information, the agreement would not have been concluded or not under the same conditions;
g. if there are other circumstances that, in the opinion of Noble House, preclude the continuation of the agreement.
4 Termination of the agreement does not affect the payment obligation of the other party.
5 In the event of termination by Noble House, Noble House is entitled to compensation from the other party for the costs incurred up to then, unless explicitly agreed otherwise in writing.
Article 11: Fee, costs and declarations
1 If between the date of conclusion of the agreement and the implementation of the agreement changes are made by the government and / or trade unions in wages, employment conditions or social insurance and the like, Noble House is entitled to pass on the increases to the other party. If between the aforementioned dates a new price or rate list by Noble House or third parties engaged by Noble House comes into effect, then Noble House is entitled to charge the prices or rates stated therein to the other party.
2 For the agreement concluded with the consumer, price increases may be charged or charged three (3) months after the conclusion of the agreement. With price increases within a shorter period than three (3) months, the consumer is entitled to terminate the agreement.
Article 12: Complaints and complaints
1. The other party is obliged to inspect these documents immediately upon receipt of the documents. Any visible errors or imperfections must be reported to Noble House no later than two (2) working days after receipt of the documents, followed by a written confirmation thereof.
2. Other complaints - including complaints with regard to the work performed or the services provided - must be reported to Noble House by registered letter immediately after discovery. All consequences of not immediately reporting are at the risk of the other party. The complaints or complaints must in any case be reported to Noble House within fourteen (14) days after delivery of the services or after termination of the work.
3. If the aforementioned complaints or complaints have not been made known to Noble House within the periods referred to therein, the documents or services are deemed to have been delivered in accordance with the agreement or the work is deemed to have been performed correctly.
4. Noble House must be enabled to investigate any complaints.
5. Noble House has modest creative and intellectual freedom to draw conclusions based on its own insights, methods and interpretations. This can never be claimed.
6. If recalculation or modification, other than as referred to in paragraph 6 of Article 12, proves necessary, this will only take place at the expense and risk of Noble House if Noble House has thereby given its explicit written consent in advance.
7. In the event of justified complaints, the damage will be settled under the provisions of Article 13 of these terms and conditions.
Article 13: Liability and warranty
1 If Noble House mediates in the realization of an agreement between landlord and tenant, it is never party to and is not liable for the content and implementation of the tenancy agreement. Noble House is in no way liable if the rental price and / or the agreed service (costs) and / or the additional fees, whether or not one-off, are not in accordance with the legal rules of (rental price) regulation.
2 Noble House performs its duties as may be expected from a company in its industry, but does not accept any liability for damage, including consequential damage, business damage, loss of profit and / or stagnation damage, which is the result of actions or omissions of Noble House, its staff or third parties engaged by it, except in the case of intent or gross negligence. This is only different if and insofar as mandatory provisions dictate otherwise.
3 The Noble House website (www.noble-house.nl) is intended for providing information to visitors to the website. Although the content of this website has been compiled with the greatest possible care and is constantly checked against current events, no rights or claims can be derived from its content.
4 Noble House is not liable for damage suffered by the other party as a result of acts or omissions by the other party in the lease concluded through the mediation of Noble House.
5 The limitations of liability included in this article do not apply if the damage is due to intent and / or deliberate recklessness on the part of Noble House, its management and / or its management staff.
6 Without prejudice to the provisions of the other paragraphs of this article, liability is at all times limited to the amount of the payment to be provided by the insurer of Noble House in the appropriate case, insofar as Noble House is insured for this.
7 If Noble House is not insured as provided for in Article 13, paragraph 6, the liability of Noble House is at all times limited to the amount that Noble House has charged and / or charged to the other party for its work and / or services. bring reimbursement in a maximum period of one (1) year.
8 In the event of late and / or incomplete delivery of data by the other party, Noble House is not liable for the late and incomplete processing of the data, nor for the consequences thereof for the other party.
9 If visible errors, imperfections and the like occur in the documents supplied that must have been present at the time of delivery, Noble House undertakes, at its option, to repair or replace these documents free of charge.
10 The other party loses its rights vis-à-vis Noble House, is liable for all damage, and indemnifies Noble House against any claim by third parties with regard to compensation if and to the extent that:
A: the aforementioned damage was caused by incompetent use of and / or with instructions and advice from Noble House conflicting use of the documents or services provided by the other party;
B: the aforementioned damage has arisen because the other party has not otherwise acted in accordance with the instructions and / or advice given by Noble House;
C: the aforementioned damage was caused by errors, incompleteness and / or inaccuracies in data, information carriers, etc. that were provided and / or prescribed to Noble House by or on behalf of the other party (including advice, documents, etc. from third parties) and Noble House the service to be provided has based and / or executed on the aforementioned information.
Article 14: Payment
1 Unless otherwise agreed, the other party must pay all that it owes Noble House within fourteen (14) days after the invoice date. This period applies as a deadline. In the event of late payment:
A: the other party will owe Noble House a default interest of 2% per month to be calculated cumulatively on the principal sum. Parts of a month are considered a full month;
B: after being advised by Noble House to do so, the other party will owe at least 15% of the sum of the principal sum and the default interest with a minimum of € 150.00 for the remainder in accordance with the the applicable scale.
2 All that the other party owes Noble House is timely paid by the other party without any recourse to discount, suspension, settlement or cancellation.
3 At Noble House's option, the agreement may be wholly or partially dissolved in previous or corresponding circumstances, without further notice of default or judicial intervention, whether or not combined with a claim for compensation.
4 If the other party has not fulfilled its payment obligations in time, Noble House is authorized to suspend the fulfillment of the obligations entered into towards the other party for delivery and / or the performance of work until payment has been made or adequate security has been provided for this. The same applies even before the moment of default if Noble House has a reasonable suspicion that there are reasons to doubt the creditworthiness of the other party.
5 Payments made by the other party always serve to settle all interest and costs owed and then serve to settle the invoices that have been outstanding the longest, unless the other party explicitly states in writing that the payment relates to a later invoice.
6 If the other party, for whatever reason, has one or more claims against Noble House, the other party waives the right to settlement. The aforementioned waiver of the right to set-off also applies if the other party applies for (provisional) suspension of payment or is declared bankrupt.
Article 15: Intellectual Property Rights
1 Noble House is and remains entitled to all intellectual property rights that rest on or are related to or are associated with the documents produced by Noble House, unless the parties have explicitly agreed otherwise in writing.
2 The exercise of the rights referred to in the previous paragraph of this article - including disclosure or transfer of data - is explicitly and exclusively reserved for Noble House both during and after the execution of the agreement. The other party is in any case not permitted to copy, multiply, provide third parties or allow third parties to inspect these documents without the express permission of Noble House. Nor is it permitted to download and copy information from its website without prior written permission from Noble House.
3 By providing data to Noble House, the other party declares that no infringement of the copyright or any other intellectual property right of third parties is being made and he indemnifies Noble House in and out of court against all consequences, both financial and other, that may arise from this result.
Article 16: Bankruptcy, lack of decision, etc.
1 Without prejudice to the provisions in the other articles of these terms and conditions, the agreement concluded between the other party and Noble House can be (exclusively) dissolved by Noble House without judicial intervention and without any notice of default being required, at the time when the other party:
A: it is declared bankrupt or the legal debt rescheduling scheme is declared applicable;
B: applies for a (temporary) suspension of payment;
C: is affected by enforceable attachment;
D: is placed under guardianship or administration;
E: otherwise loses the decision-making authority or legal capacity with regard to his assets or parts thereof.
2 The provisions of paragraph 1 of this article apply, unless the liquidator or administrator recognizes the obligations arising from the agreement as estate debt.
Article 17: Force majeure
1 In the event of force majeure, Noble House is entitled to terminate the agreement or to suspend the fulfillment of its obligations towards the other party for a reasonable period of time without being obliged to pay any compensation.
2 In the context of these general terms and conditions, force majeure is understood to mean: a non-attributable shortcoming on the part of Noble House, of the third parties or suppliers engaged by it or any other serious reason.
3 In the event of force majeure while the agreement has been partially implemented, the other party is obliged to fulfill its obligations towards Noble House up to that moment.
4 Circumstances that could be considered as force majeure include war, riot, mobilization, domestic and foreign civil unrest, government measures, strike and exclusion by employees or the threat of such circumstances, disruption of the circumstances at the time of entering into force. the agreement existing currency ratios, business disruptions due to fire, failure of automation, internet or electricity, natural phenomena and / or weather conditions.
Article 18: Cancellation, cancellation, cancellation
1. a The other party waives all rights to dissolve the agreement pursuant to Article 6: 265 et seq. Of the Belgian Civil Code or other legal provisions, unless mandatory legal provisions dictate otherwise. All this applies
subject to the right to cancel or cancel the agreement under this article.
b. The provisions in sub a. Of this paragraph do not apply to the agreement with the consumer.
2 In the context of these general terms and conditions, cancellation means: the termination of the agreement by one of the parties before the start of the implementation of the agreement.
3 In the context of this agreement, termination means: the termination of the agreement by one of the parties after the start of the implementation of the agreement.
4 The other party is liable vis-à-vis third parties for the consequences of the cancellation and / or cancellation and indemnifies Noble House in this regard.
5 Amounts already paid by the other party will not be refunded, unless explicitly agreed otherwise in writing.
Article 19: Applicable law / competent court
1 The agreement concluded between Noble House and the other party is exclusively governed by Dutch law. Disputes arising from this agreement will also be settled under Dutch law.
2 Any disputes will be settled by the competent court in the place where Noble House is established, except if and insofar as this is contrary to mandatory provisions.
These terms and conditions were last updated on 01-12-2019.