Algemene Voorwaarden New Way ProjectsTerms and conditions
Version 1.1 – Date: 01-01-2023
Company Information
Name: New Way Projects B.V.
Address: Dijckerhoek 58, 2692 GZ ‘s-Gravenzande
Chamber of Commerce number: 85705608
VAT number: NL 8637 13294 B01
Email: [info@newwayprojects.nl](mailto:info@newwayprojects.nl)
Phone: +31 (0)174 – 41 50 17
Website: [https://newwayprojects.nl](https://newwayprojects.nl)
Definitions
In these Terms and Conditions, the following definitions apply:
**New Way Projects:** The trade name under which New Way Projects operates, located at Dijckerhoek 58, 2692 GZ ‘s-Gravenzande, registered with the Chamber of Commerce under number 85705608.
**Client:** Any natural or legal person who enters into an agreement with New Way Projects for the supply of services or products.
**Supplier:** Any natural or legal person who supplies products, services, or materials to New Way Projects.
**Agreement:** Any written or verbal arrangement between New Way Projects and a Client or Supplier.
**Products and Services:** All goods and activities provided by New Way Projects, such as constructions, greenhouses, commercial spaces, assembly, design, and renovation services.
Applicability
2.1 These Terms and Conditions apply to all quotations, offers, agreements, and deliveries of services and products by New Way Projects, unless otherwise agreed in writing.
2.2 Deviations from these conditions are only valid if agreed upon in writing and signed by both parties.
2.3 General or specific terms and conditions of the Client or Supplier only apply if expressly accepted in writing by New Way Projects.
Part I: Sales Terms
Quotations and Offers
3.1 All quotations and offers from New Way Projects are non-binding and valid for 30 days, unless stated otherwise.
3.2 An Agreement is established after the Client provides written confirmation of the quotation from New Way Projects. New Way Projects reserves the right to modify the quotation based on technical specifications or project requirements.
3.3 Offers and quotations are based on information provided by the Client. If this information is found to be incorrect or incomplete, New Way Projects may adjust the quotation or agreement accordingly.
Prices and Payments
4.1 All prices are exclusive of VAT, transport costs, installation costs, and any other additional charges, unless otherwise agreed.
4.2 Payment of invoices shall be made according to the following schedule, unless otherwise agreed in writing:
* 50% down payment upon signing the agreement;
* 30% upon delivery of products or start of installation;
* 10% upon project completion.
4.3 In the event of late payment, the Client shall be in default without further notice and shall owe interest of 1% per month on the outstanding amount, unless the statutory interest rate is higher.
4.4 If the Client fails to meet payment obligations, New Way Projects is entitled to suspend its work until payment is made.
4.5 All legal and extrajudicial costs incurred by New Way Projects to enforce payment obligations shall be borne by the Client.
Delivery and Installation
5.1 Delivery times and installation schedules provided by New Way Projects are indicative and not binding deadlines. Delays do not entitle the Client to compensation unless otherwise agreed in writing.
5.2 Delivery takes place at the address specified by the Client and is at the Client’s risk from the moment of actual delivery.
5.3 Installation and assembly are carried out by or on behalf of New Way Projects. The Client must ensure the location is suitable and that all necessary permits have been obtained.
5.4 Any costs arising from delays due to insufficient preparation by the Client shall be borne by the Client.
Retention of Title
6.1 New Way Projects retains ownership of all delivered products until the Client has fully met all payment obligations under the agreement.
6.2 The Client is obliged to identify the products as property of New Way Projects and ensure safe storage as long as the retention of title applies.
6.3 In case of non-compliance with payment obligations, New Way Projects has the right to reclaim delivered products without prior notice of default.
Warranty and Liability
7.1 New Way Projects offers a one-year warranty on delivered products and services, covering only manufacturing and assembly defects, unless otherwise agreed in writing.
7.2 The Client must report defects in writing within 14 days of discovery. New Way Projects will repair or replace the product at its discretion if the claim falls within the warranty.
7.3 New Way Projects’ liability is limited to the invoice amount of the delivery concerned or the insured amount, with a maximum of €\[amount to be filled in].
7.4 New Way Projects is not liable for indirect damage, such as loss of profit, business interruption, or missed opportunities.
Part II: Purchase Terms
Quality and Requirements
8.1 The Supplier guarantees that all delivered products and services meet the agreed specifications and comply with all applicable laws and regulations, including those relating to safety, sustainability, and the environment.
8.2 The Supplier is responsible for the quality and safety of the products and must provide all necessary certifications upon request.
8.3 If the products or services do not meet the agreed requirements, New Way Projects reserves the right to reject them or have them corrected at the Supplier’s expense.
Delivery and Transfer of Risk
9.1 Delivery by the Supplier shall take place at the location designated by New Way Projects and at the Supplier’s expense, unless otherwise agreed in writing.
9.2 The risk of loss or damage transfers to New Way Projects only after written approval of delivery and any inspections.
Invoicing and Payments
10.1 The Supplier must submit invoices in accordance with the agreed payment terms and in compliance with New Way Projects’ requirements.
10.2 New Way Projects applies a payment term of 30 days after receipt of a correct and complete invoice. If the delivery or service is not properly executed, New Way Projects is entitled to suspend payment in full or in part.
10.3 If New Way Projects identifies shortcomings in the delivered products or services, it may withhold payment until the defects are remedied.
Liability and Insurance
11.1 The Supplier is liable for all damage, including consequential damage, caused by defective or inadequate products or services.
11.2 The Supplier must maintain liability insurance and provide proof thereof to New Way Projects upon request.
Part III: General Provisions
Intellectual Property and Confidentiality
12.1 All designs, drawings, technical documents, and 3D renderings remain the intellectual property of New Way Projects. They may not be reproduced, distributed, or used for other purposes without written consent.
12.2 Both parties commit to confidentiality regarding all confidential information obtained during the course of the agreement. This obligation remains in effect even after the agreement ends.
Force Majeure
13.1 In cases of force majeure, such as natural disasters, pandemics, strikes, wars, or other circumstances beyond New Way Projects’ control, the company is entitled to suspend or terminate the agreement without liability.
13.2 In such cases, New Way Projects will inform the Client or Supplier as soon as possible about the situation and expected duration.
Applicable Law and Disputes
14.1 These Terms and Conditions and all agreements between New Way Projects and the Client or Supplier are governed exclusively by Dutch law.
14.2 Disputes arising from or related to the agreement will initially be submitted to the competent court in the district where New Way Projects is located, unless agreed otherwise.
14.3 Parties shall endeavor to resolve disputes amicably before initiating legal proceedings.
Contact Information
For questions about these Terms and Conditions or to schedule a non-binding appointment, please contact New Way Projects at:
Address: Dijckerhoek 58, 2692 GZ ‘s-Gravenzande
Email: [info@newwayprojects.nl](mailto:info@newwayprojects.nl)
Phone: +31 (0)174 – 41 50 17
Website: [https://newwayprojects.nl](https://newwayprojects.nl)