Terms and Conditions

Glazier is Marcel de Laat, trading under the name GlasParade.

GlasParade, located in Amsterdam, makes and designs stained glass work on assignment. In addition, GlasParade restores glass, windows, doors and other glass objects in a traditional way.

Additional and deviating provisions have been included in these General Terms and Conditions for the benefit of the latter Clients.

Article 1: Validity of these terms and conditions.

1. These terms and conditions apply to all offers and quotations made by GlasParade.
2. Provisions that deviate from these terms and conditions are only valid if agreed in writing.
3. In the event of any conflict between the provisions of these terms and conditions and the agreement concluded, the provisions of the agreement concluded between the parties shall prevail.

Article 2: Duration

1. This agreement is entered into for the duration of the stained glass project (design, execution and placement of the stained glass object) and will therefore end by operation of law when the project has ended.
2. GlasParade gives a target time for the duration of the project. If there is an expected deviation from the target time, GlasParade will report this to the Client as soon as possible. A target time is never a strict deadline.
3. Either of the Parties may terminate this agreement. Termination must be done by means of a registered letter. If termination is given by the Client, the Client will reimburse the costs incurred by GlasParade for the benefit of the assignment and lost profit.
4. Orders confirmed by the Client by e-mail and/or by the GlasParade quotation form are valid and are regarded as an agreement. For terminating this agreement, GlasParade will request compensation of 35 percent of the netto amount agreed in this written quotation. This amount is supplemented with materials and costs specially reserved and purchased for the assignment.
5. Each of the Parties is entitled to terminate this agreement with immediate effect and without any obligation to pay compensation if: a. the other party is granted a moratorium or applies for a moratorium; b. the other party is declared bankrupt, or the bankruptcy of the other party is requested; c. the other party’s business is discontinued or liquidated; d. a substantial part of the other party’s assets are seized.
6. This article is without prejudice to dissolution under the law.

Article 3: Activities for the realization of the stained glass object.

1. The assignment to be carried out by GlasParade within the framework of this agreement is carried out in three phases, namely the design, implementation and installation phase.
2. In the design phase, the Client indicates its wishes in preparation for the design. When the wishes of the Client to GlasParade are clear, GlasParade will make a rough estimate of the number of hours that the design and implementation phase will take. The client gives written approval for this, after which GlasParade will proceed to implement the concept design. The costs for the installation will be charged separately.
3. After written approval of the final design, GlasParade will record the technical aspects. The technical equipment consists of separate or combined techniques, including stained glass, installing insulating glass and glass in combination with other materials. The sketch designs, implementation drawings and glass samples remain the property of GlasParade and may not be used for other purposes without written permission from GlasParade.
4. In the implementation phase, GlasParade makes the stained glass object. GlasParade has the right at all times to deviate from the final design for technical or artistic reasons. In the event of fundamental changes, GlasParade will inform the Client of this in writing, stating the reasons. GlasParade is not obliged to follow up on changes during the execution of the Client. Changes made by the Client during implementation will be agreed in writing.
5. In the installation phase, the stained glass object is placed at the location determined by the Client. The client shall ensure that this is possible. The Client can also have the installation carried out by third parties at its own responsibility and at its own expense.

Article 4: Independence

1. GlasParade fulfills its assignment in complete independence and determines itself under which circumstances it will carry out the accepted stained glass object.
2. GlasParade is completely free to also work for third parties, if this does not unreasonably delay the target date of delivery.

Article 5: Target price or commissioned work

1. When working with a target price, GlasParade can only estimate the final price. The final price never deviates by more than 15 percent from this given target price, unless GlasParade has warned the Client in time for a higher amount.
2. When commissioned work, GlasParade works at a pre-agreed rate. Materials/external services are paid by the Client. The final price is fixed. In that case GlasParade will send the client a specified statement.
3. All amounts are exclusive of VAT, unless otherwise agreed in writing.
4. The costs – including those imposed on GlasParade by the government, such as taxes, import duties, levies and other charges – can change during the phases due to changed and unforeseen circumstances. If this is the case, GlasParade will discuss this with the Client as soon as possible and record it in writing. Art. 15 paragraph 3 applies mutatis mutandis.
5. Client will settle all invoices within 14 days of receipt thereof by payment to a bank account number to be specified by GlasParade. If payment is not made within this period or not on time, the client is in default without notice of default and owes GlasParade the statutory interest. In that case, the client must also pay GlasParade all reasonable costs incurred in obtaining payment of the claim in and out of court, whereby the extrajudicial collection costs have been set by the parties at a minimum of 15 percent of the principal with a minimum of € 75.00 excluding VAT.
6. If the invoice amount has not been credited to GlasParade’s account within the period specified in point 5.5, GlasParade is authorized to suspend its obligations under the agreement.
7. Complaints regarding the invoices sent by GlasParade must be made by the Client by registered letter within 14 days of receipt of the invoices.
8. As long as the Client has not fully complied with his or her payment obligation, the stained glass object remains the property of GlasParade after delivery. The client is not authorized to sell or otherwise dispose of the stained glass object as long as payment to GlasParade has not been made. GlasParade can enforce rights arising from its retention of title without a notice of default or judicial intervention being required. In the event of a dispute, GlasParade’s accounting is decisive.

Article 6: Liability

1. The stained glass object to be delivered by GlasParade meets the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands.
2. GlasParade bears the risk with regard to the material of the stained glass object until it has actually placed the stained glass object at the location desired by the Client or if the placement is carried out by the Client itself until the stained glass object has actually been delivered. to the Client.
3. If the Client makes a timely complaint, this does not suspend its payment obligation. In that case, the client also remains obliged to purchase and pay for the stained glass object.
4. Client must complain to GlasParade about a defect in the stained glass object within a reasonable time – in any case 2 months – after discovery or when the client could reasonably have discovered the defect. If a defect is reported later, the other party is no longer entitled to repair, replacement or compensation. Breakage of the glass is excluded from the warranty and is excluded after delivery and/or installation. Any legal claims must be submitted within 1 year of GlasParade’s receipt of that timely written complaint, under penalty of forfeiture. Even if the client has explicitly set quality requirements or standards, no complaint can be made about usual or technically unavoidable or minor deviations and differences. If a defect is reported later, the Client is no longer entitled to repair, replacement or compensation.
5. The warranty on the stained glass object depends on the materials and technology required by the Client that is used and applied, as well as the use of the stained glass object. If GlasParade deviates from a standard warranty period, this will be done in writing and with reasons.
6. GlasParade will only be liable for damage caused by intent or gross negligence on the part of GlasParade or third parties for whom it can be held liable under the law, on the understanding that the total damage will never exceed €1,000.

Article 7: Dissolution

1. The parties commit themselves to each other to properly execute the agreement.
2. If the Client does not properly fulfill its obligations under the agreement, GlasParade has the right to dissolve this agreement unilaterally, without judicial intervention and without any notice of default being required.

Article 8: Force majeure

1. GlasParade is not obliged to fulfill any obligation towards the Client if he is prevented from doing so as a result of a circumstance that is not due to his fault, and neither under the law, a legal act or generally accepted views for his bill comes.
2. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which GlasParade cannot exercise any influence, but as a result of which GlasParade is unable to fulfill its obligations after to come. GlasParade also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after GlasParade should have fulfilled its obligation.
3. Insofar as GlasParade at the time of the occurrence of force majeure has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has an independent value, GlasParade is entitled to fulfill or fulfill that which has already been fulfilled. will be invoiced separately. The Client is obliged to pay this invoice as if there were a separate agreement.

Article 9: Intellectual property

1. GlasParade reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations.
2. GlasParade has the right to use the knowledge gained by the execution of this agreement for other purposes.
3. GlasParade is at all times entitled to photograph and film the placed stained glass object at the location of the Client or where the stained glass object is located and to use this photo and/or film material for its own use and advertising purposes, insofar as there are no strictly confidential information of the Client is passed on to third parties. The client undertakes to cooperate with this or to ensure that cooperation will be provided.

Article 10: Website

1. All texts, images and logos placed on the GlasParade website are the property of GlasParade and may not be used without written permission. After permission for use, the name of GlasParade is mandatory. When using and posting online on social media, a direct link to the GlasParade website is required.
2. No rights can be derived from the amounts stated on the website. No liability is accepted for unrealistic and incorrectly stated prices that have been established on the basis of, for example, a typing error or programming error.

Article 11: Applicable law / disputes

1. Dutch law applies to the agreement between GlasParade and the Client.
2. All disputes arising between the parties with regard to this agreement and its implementation will be submitted exclusively to the competent court within the district of Utrecht.
3. The parties will then only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

ADDITIONAL AND DIFFERENT PROVISIONS FOR THE PERFORMANCE OF CRAFT WORK:

Article 12: Risk transfer and distribution.

1. If GlasParade also undertakes the obligation to process and/or place glass sold by order of the Client, or if there is only processing and/or installation of glass, the legal relationship between the parties in addition to the the preceding articles also stipulated that what has been laid down in this article and the following articles shall apply. In the event of a conflict, the provisions of this article and the following articles shall apply.
2. The risk of damage or breakage at the time or as a result of transport, temporary storage and/or safekeeping or of the processing of the goods given to the manufacturers or traders for treatment or processing or for safekeeping or of goods to which or with which wherever an assignment is carried out, is at the expense of the Client.
3. GlasParade bears the risk with regard to the supplied glass until the glass (stained glass), ie each (stained glass) pane separately, has been placed in the rebates. Insofar as the other party has covered any risk – breakage, fire, theft, etc. – by insurance, such risk shall, however, be immediately borne by the Client from the delivery of the glass to the work site.
4. The Client is obliged to record the installation work performed by GlasParade on that day at the end of each working day and to inform GlasParade in writing about this. If the Client fails to do so without reasonable grounds, the work will be deemed to have been completed and approved by the Client to the satisfaction of the Client.
5. The Client must complain to GlasParade about a defect within a reasonable time – in any case 2 months – after discovery or when the Client could reasonably have discovered the defect. If a defect is reported later, the other party is no longer entitled to repair, replacement or compensation.
6. With the delivery by third parties of new or existing leaded glass intended for installation between insulating glass, GlasParade is not liable for any defects, irregularities in glass, lead, copper profiles or other materials used. The risk of breakage is for the account of the Client.
7. GlasParade is not liable for new stained glass between insulating glass made by a third party for minor injustices that may arise during cleaning and mounting between insulating glass, given the fact that cleaning is done manually. Despite the utmost care, control and striving for perfect execution, a tolerance of 5% is considered acceptable in this regard. The assessment distance here is at least 75 centimeters not exposed to sunlight.

Article 13: Dimensions, weights, measures and other data

1. With regard to the dimensions and weights of all items, GlasParade reserves the usual tolerances that are customary at the factories entrusted with the manufacture.
2. For shapes other than rectangular, the surface is calculated according to the rectangle in which the mold fits, including the applicable surcharges for deviating sizes and models.
3. The costs for taking measurements, as well as for the manufacture of moulds, the placing or fixing of glass and all other additional activities will be borne by the Client.
4. The client guarantees the correctness of the information contained in the specifications and the drawings or otherwise provided to GlasParade regarding dimensions, quantities, constructions, methods of installation, etc., all this in the broadest sense of the word. If there is a difference between this information and reality, GlasParade is entitled to compensation or additional payment. The client can never require that GlasParade uses one or more special brands or a certain quality of the aids it uses, such as sealant, putty, etc., unless this has been expressly agreed in advance.
5. With regard to design drawings, GlasParade is free to make changes where necessary during the execution, after consultation and approval of the Client.

Article 14: Additional Liability Provisions

1. GlasParade is only liable for damage to the structure and damage to and loss of building materials, tools or other objects supplied on or near the work, if this is caused by clearly demonstrable intent or gross negligence on the part of itself or third parties engaged by GlasParade.
2. GlasParade is not liable for the consequences of supplying and installing glass in incorrect quality, thickness and/or composition according to existing standards, practical guidelines and/or factory regulations, as well as for the consequences of placing it in rebates of incorrect dimensions, shape or finishing and/or under weather conditions that do not allow installation in dry and clean rebates.
3. When replacing existing stained glass or replacing broken windows or false windows, color and structure differences may arise, for which GlasParade cannot be held liable. The client bears the risk of breakage when having existing stained glass redelivered.
4. When selecting colors on samples, slight color and structure differences may arise with orders, for which GlasParade cannot be held liable.
5. GlasParade can give a maximum of 2 years warranty on condensation between the sheets for stained glass mounted between insulating glass, with the exception of (sliding) doors and side hung windows. Patination of the lead is only done at the Client’s own risk.
6. Despite the utmost care, the many activities can always cause small scratches and/or a pit in the glass, for which GlasParade cannot be held liable.

Article 15: Additional provisions for installation work

1. If the unloading of materials on the storey floors necessitates the presence of operationally safe and ready for use protrusions, this will be provided by the Client at the Client’s expense. GlasParade will be able to use any scaffolding necessary for the installation of glass free of charge; size and design of these scaffolds will be or will be adapted to the work to be performed by GlasParade.
2. GlasParade does not accept any liability with regard to installation instructions, which have been established without prior consultation with him.
3. If GlasParade is instructed to place materials that are made available to it by the Client for that purpose, GlasParade will not accept any risk, not even during the assembly and the associated work, where it is broken and/or damage to such materials.

Article 16: Additional or less work

1. Additional or less work will be settled according to the unit prices agreed between the parties. Failing this, settlement will take place in accordance with the unit prices stated in the specifications. If the specifications do not provide a solution, settlement will be made on the basis of the normally prevailing prices applicable on the date on which the work was performed or should have been performed.
2. In the event of a break that can reasonably be fitted into the design, the additional implementation costs will be charged on as additional work.
3. If the other party wishes to deviate from an existing drawing and/or design, the extra design costs will be charged on as additional work.

Article 17: Prescription

1. Claims rights of the Client against GlasParade lapse 1 year after their occurrence.