General terms and conditions for maintenance and service subscriptions for residential installations.
These terms and conditions apply to the services provided by GasOnderhoudsKombinatie BV
hereinafter referred to as “contractor” and the maintenance work to be carried out in that context
other service work agreed upon by the client.
Article 1 - Definitions
In these general terms and conditions the following definitions apply:
• Client:
Client, natural person, consumer not acting in the exercise of a profession or business. Also called “debtor” authorized to conclude contracts.
• Contractor:
De GasOnderhoudsKombinatie BV, hereinafter referred to as the contractor. Company that is legally established and recognized by a public utility company;
• Device:
The device for which a subscription contract has been concluded.
• Subscription contract:
Agreement between the client and the contractor in which it is agreed to carry out periodic maintenance and resolve malfunctions on the device mentioned in the agreement.
• Maintenance:
Carrying out work on a device that is necessary for its safety and undisturbed functioning in accordance with the guidelines associated with this subscription.
• Malfunction:
A defect in (a part of) the device, as a result of which adequate functioning has become impossible.
• User:
The person, other than the client, who uses the device made available by the client as specified in the subscription contract.
• Installation:
All pipes connected to the appliance such as flue gas discharge, air supply, condensation drain, gas pipe, electricity, central heating pipes, cold and hot water. This also includes
Appendages: (control and safety equipment) such as: expansion vessel, pressure safety inlet combination, taps, radiators and thermostats.
• Object:
Address/building where the device stated in the contract is located.
Article 2 - General provisions of subscription contracts.
2.1 The work covered by the contract is work on the device itself. That is to say: everything that is within the jacket/housing of the device.
2.2 The contract starts on the first day of the month of registration.
2.3 The contract cannot be terminated or changed within the current contract period.
2.4 The work is carried out in accordance with the manufacturer's guidelines and the applicable regulations.
2.5 The contract describes:
• Periodic maintenance.
• Which contract form.
• Payment method.
2.6 Not included in the contract:
• Removal of any asbestos present.
• Repairing any leaks and/or malfunctions of the installations and/or equipment connected to the appliance as a result of the required maintenance or service work, as well as replacing or repairing parts of the appliance on which the work is being carried out.
• Construction work due to unforeseen circumstances.
• Making the device or devices accessible. In addition to granting access to the object, this includes removing the washing machine, dryer, etc., and dismantling the casing and/or hatches.
• Any necessary lifting or climbing equipment.
• Failure due to:
o Lack of maintenance of the installations connected to the device and/or negligence.
o Fire, lightning strike or other external forces.
o Deterioration due to contamination of the central heating system and/or the addition of additives.
o Application of pipes and/or couplings that cause oxygen diffusion.
o Improper use.
o Poorly functioning installations, fittings and/or control and safety equipment connected to the appliance (such as expansion vessel or room thermostat)
Article 2 - General provisions of subscription contracts. (Follow-up)
2.7 Maintenance contract
• Carrying out an inspection of the device described in the contract within the established period.
• Disruptions will be charged separately at the reduced subscription rate.
2.8 Service module
In addition to the maintenance contract, a service module can also be added.
• In the event of malfunctions (only to the device), no labor charges or call-out costs need to be paid.
• The service module can be taken out up to and including the 10th year of life
2.9 Parts Warranty Plan (OGP module)
In addition to the maintenance contract and service module, you can also take out an OGP module, under certain conditions. This means, with the exception of the so-called wear parts, all parts reimbursed. Wear parts are understood to mean:
o Casing parts
o Electrode
o Ionization pins
o (glass) fuses
o (boiler) accessories/controls
o Gaskets
o Boilers
o Service set
• The OGP module can only be closed within one month after installation by GasOnderhoudsKombinatie BV and on the appliances (brand and type) selected by GasOnderhoudsKombinatie BV.
• The OPG module is concluded for a minimum and maximum duration of 6 years. (Calculated from the 1st of the month of installation.)
Article 3 - General obligations of the contractor
3.1 The contractor is obliged to carry out the agreed work as a good professional. He shall observe the regulations relating to this work.
3.2 The contractor maintains the aesthetic quality of the residential installations.
3.3 The contractor will immediately inform the client of any defects found in the device and/or the installations connected to it insofar as this may influence the proper functioning of the device.
3.4 The contractor records all work performed. A copy of his notes can be requested at any time.
3.5 The contractor will inform the client in a timely manner about changes to his address, name and telephone number.
3.6 The contractor informs the client in advance about the (additional) costs that may be required to carry out work if they amount to more than 250.00 euros (incl. VAT)
GasOnderhoudsKombinatie BV
Article 4 - General obligations of the client
4.1 If the home installation does not or no longer meets the applicable regulations, the client will, unless otherwise agreed, repair the defect.
4.2 The client is responsible for a safe workplace and safe access to the workplace. If this is not the case, the contractor will inform the client about this.
4.3 The client gives the contractor the opportunity to carry out the work and provides the connection options for the energy required for the work.
4.4 The work is deemed to have been carried out if the contractor has been unable to carry out the agreed work more than once.
4.5 The client shall make the documentation relating to the residential installation, insofar as it is in his possession, available for inspection at the request of the contractor.
4.6 The client informs the contractor when work has been carried out on an installation connected to the appliance by persons other than the contractor.
4.7 The client will inform the contractor in a timely manner, but at least one day before carrying out the work, about changes in the use, destination and/or location of the residential installation.
4.8 The client will inform the contractor in a timely manner about changes to his address and/or telephone number as well as any changes in the user of an object.
Article 5 - Obligations of the contractor during maintenance
5.1 The contractor will inform the client well in advance about the day and part of the day on which the maintenance work on the device or devices will be carried out. This may be deviated from by mutual agreement between the parties.
5.2 Notice of impediment must be given no later than 24 hours before the day and time mentioned in paragraph 1.
5.3 The work is carried out within the installer's normal working hours, unless otherwise agreed.
5.4 If the contractor does not find anyone at home without having received notice of cancellation, he will leave a written message requesting that the client and/or user contact him to make a new appointment. If no response is received within the contract period, the work will be considered completed. (See also article 4.4)
5.5 If the client/user is not at home while an appointment has been made by mutual agreement, a fee may be invoiced to the client. (See call-out charge rate)
GasOnderhoudsKombinatie BV
Article 6 - Obligations of the contractor in the event of disruptions
6.1 The contractor will only carry out breakdown checks at the request of the client unless otherwise agreed.
6.2 Fault reports can be made every day by telephone between 8:00 AM and 4:00 PM or by email (
6.3 Breakdown visits will take place 365 days a year between 8:00 AM - 4:00 PM. (a surcharge will apply on weekends or public holidays regardless of the subscription contract form)
6.4 The contractor undertakes to start handling a reported malfunction as soon as possible, but in any case within 24 hours, with the aim of eliminating it as soon as possible.
6.5 If a breakdown visit does not lead to the resolution of the fault, the contractor will immediately report its findings to the client.
6.6 A breakdown visit is deemed to have been carried out if the contractor is not able to carry out the breakdown after a mutual agreement.
6.7 Malfunctions due to accidental or intentional damage or negligence Partial use or as a result of work carried out by others than the contractor are excluded from the service subscription. (See also 2.6)
Article 7 - Rates
7.1 The rates mentioned include VAT.
7.2 Any rate changes will be determined in December at the latest and can be found on our website.
7.3 Contract rates may not be changed within the current contract period.
7.4 Only if the contractor proposes a price change that exceeds the indexation based on the CBS Regulation Wages for Construction Industry and Installation Companies, will he inform the client of the price change in writing in a timely manner, but at least two weeks before the new contract period commences.
Article 8 - Payment
8.1 The subscription fee is invoiced in advance and is therefore due and payable on the first day of the contract period.
8.2 The contractor will provide the client with an invoice.
8.3 The client pays the invoice within 14 days of receipt (provided payment in installments has been agreed). If the client does not pay on time, he will be deemed to be in default without further notice of default after 1 payment reminder, in which he is informed of his default if payment has not been made within 14 days of receipt of the invoice.
8.4 The installer may charge interest on payments that have not been made on time from the final payment date stated in the payment reminder until the day of receipt of the amount due. This interest is equal to the statutory interest according to Article 6:119 of the Civil Code.
8.5 After the period of 14 days referred to in paragraph 3 has expired, the contractor is entitled to collect the amount owed to him without further notice of default. In that case, the associated reasonable extrajudicial costs will be borne by the client.
8.6 If the contract is terminated prematurely by the client, a refund of the subscription fee is not possible.
8.7 When paying in installments, the remaining installments are due in one go upon termination of the contract.
Article 9 - Damage.
9.1 The contractor is liable for damage insofar as this can be attributed to him.
9.2 Damage caused as a result of maintenance, service or installation work will initially be reported by the client to his/her insurance company. This person will draw up a report and will contact the contractor's insurer.
9.3 Damage caused during work in the immediate vicinity of the device involving movable goods is not recoverable.
Article 10 - Warranty.
10.1 The soundness of the work carried out by the contractor is covered by a warranty period of 1 year.
10.2 The warranty conditions set by the manufacturer apply to the devices and materials and/or parts used by us.
Article 11 - Termination of the agreement
11.1 The contract cannot be changed or terminated by the client during the current contract period.
11.2 Changes or termination of a contract may only be made in writing or by email no later than one month before the end of the contract period.
11.3 A contract is not transferable.
11.4 The contractor reserves the right to terminate, temporarily suspend or change the contract if:
• Payments are not forthcoming
• The relevant device and/or installation location has been rejected
• The recommended changes are not implemented (service module or OGP can then be canceled)
If the contract is temporarily suspended pending the execution of the necessary work, so that the device can be put back into contract, this will not change the contract period or rate.
Article 12 – Final provision
Dutch law applies to agreements concluded on the basis of these general terms and conditions.
Forbidden to copy.
