Our agreements

Thank you for choosing Energie Install. This document sets out the agreements we make with each other when we start working at your home. We have written them down as clearly as possible. Is anything unclear? Call us on 085-060 8485 or email info@energieinstall.nl, and we will explain.

Part A Before we begin

01 Who is who, and what do we mean

1. 1.1

   By "we" or "Energie Install" we mean Energie Install B.V., De Loetenweg 14-D, 1187 WB Amstelveen, Chamber of Commerce number 88544036, VAT number NL864679087B01.

2. 1.2

   By "you" we mean the private individual for whom we prepare a quotation or carry out work. If you sign together with someone else, "you" applies to both of you and each of you is responsible for the entire payment.

3. 1.3

   "The quotation" is our proposal to you, with all appendices.

4. 1.4

   "The assignment" is what we have agreed together: the quotation you have signed, together with these terms and conditions and, if applicable to you, the additional agreements.

5. 1.5

   "Delivery" is the moment when the products and materials are delivered to you. When the installation is "completed" is stated in article 11.

6. 1.6

   By "in writing" we mean by letter or by e-mail.

02 What these terms and conditions apply to

1. 2.1

   These terms and conditions apply to all our quotations and assignments for private individuals.

2. 2.2

   You will always receive them with the quotation. The quotation states which version applies.

3. 2.3

   If the quotation states something different from here? Then what is stated in the quotation applies.

4. 2.4

   For some products, such as heat pumps, central heating boilers and home batteries, additional agreements apply. You will then receive these with the quotation. If they state something different from here, the additional agreements take precedence. What is stated in the quotation always takes precedence.

5. 2.5

   Do you have a maintenance contract with us? Then the agreements in that contract apply. These terms and conditions supplement where the contract does not regulate anything.

6. 2.6

   If we agree on something different from what is stated here, we will confirm this by e-mail.

03 Your quotation, and when the assignment is complete

1. 3.1

   Our quotation is valid until the date stated on it. If no date is stated, it is valid for 30 days from the quotation date. Until then, we will adhere to it, except in the case of a clear mistake (see 3.6).

2. 3.2

   The assignment is complete as soon as you sign the quotation within that period, digitally or on paper.

3. 3.3

   If you give verbal consent, the assignment is only complete after you have confirmed this in writing.

4. 3.4

   We make drawings, layout plans, calculations and prognoses especially for you. They remain our property. You may use them for your own installation, for example for your VvE, the municipality, a subsidy application, your insurer or a later maintenance technician. For other use, such as requesting quotations from others, you must first ask for our permission.

5. 3.5

   Photos and descriptions on our website and in brochures give an impression. The delivered product may look slightly different.

6. 3.6

   If there is a clear mistake in the quotation, such as a price or quantity that cannot be correct, we are not bound by it. We will inform you of this as soon as possible.

04 Your cooling-off period

1. 4.1

   When the 14 days start depends on what you buy from us:

   • Do we supply products, with or without installation, such as a heat pump, central heating boiler, home battery, solar panels, charging station or air conditioning? Then the 14 days start on the day after you have received the products. If we deliver in parts, the day after you have received the last part counts.
   • Does the assignment only concern work, such as maintenance or a repair? Then the 14 days start on the day after you have signed the quotation.
   • The quotation states which of these two applies to you. You can also cancel before the products have been delivered to you.
2. 4.2

   Do you want to cancel within the cooling-off period? Let us know, for example by e-mail to info@energieinstall.nl. You can use the form at the back of this document, but you don't have to. It is sufficient if you send your message before the cooling-off period has expired.

3. 4.3

   Within 14 days after we have received your cancellation, we will refund what you have paid, minus the costs from 4.4 or 4.6 if they apply to you. We will do this via the same payment method you used, unless you agree to something else. If the products have already been delivered to you, you will give us the opportunity to collect them from you within 14 days of your cancellation (see 4.4). Your refund does not depend on this.

4. 4.4

   If the products have already been delivered to you, we will collect them from you. For collection, and if necessary disconnection, you pay € 300. If you have handled the products differently than was necessary to see what they are, what they look like and whether they work, we may charge for the depreciation.

5. 4.5

   We will not install or start the work within your cooling-off period, unless you expressly and in writing ask us to do so, for example by ticking the box in the quotation or sending us an e-mail. That box is off by default. If you do not ask for this, we will schedule the installation or work after your cooling-off period has expired. Because the cooling-off period for products only starts when they have been delivered to you (see 4.1), this means: first deliver, and only install after the 14 days thereafter have passed.

6. 4.6

   Did you ask us to start within the cooling-off period and do you still cancel afterwards? Then it depends on the assignment:

   • Do we supply products? Then you can still cancel within the cooling-off period even after delivery or installation. You then pay the costs from 4.4.
   • Does the assignment only concern work? Then you pay an amount that is proportional to the part of the work that we have already done at that moment. If we have already completed the work, and you have declared that you know that your cooling-off period then expires, you can no longer cancel the work.
7. 4.7

   If you have asked us to come for an urgent repair, there is no cooling-off period for that repair. For extra products or work that are not strictly necessary for that repair, you do have a cooling-off period.

05 Terminating the contract after the cooling-off period

1. 5.1

   After the cooling-off period, or if you do not have a cooling-off period, you can still terminate the contract. You must inform us of this in writing.

2. 5.2

   If we have not yet ordered anything for you and have not yet started, there will be no charge.

3. 5.3

   If we have already ordered products or materials for you, or if we have already started, you will pay:

   • €250 for the work we have already done for you, such as the survey (our visit to assess your situation), the design, and the planning; and
   • the actual costs of the ordered products and materials, if any. If they can be returned, these will be the return costs from the supplier. If they cannot, you will pay the purchase price and the products will become yours: we will deliver them to you or you can collect them.
4. 5.4

   We will provide you with an overview of these costs, with the supplier's invoice as proof. We will offset them against your down payment and refund the remainder to you within 14 days. If the costs are higher than your down payment, you will receive an invoice for the difference.

5. 5.5

   If you terminate the contract after we have already started, you will also pay for the installation work that has already been completed.

06 Prices

1. 6.1

   All our prices for private individuals are in euros and include VAT.

2. 6.2

   The price in the quotation is a fixed price for the work stated therein, unless it explicitly states "estimated price".

3. 6.3

   For an estimated price, we may exceed it by a maximum of 10%. If we anticipate exceeding this, we will inform you in advance, with an explanation. Without your written consent, you will never pay more than the estimated price plus 10%. Additional work for which you have given consent (article 8) is not included here.

4. 6.4

   We will only increase a fixed price if a legal regulation or tax changes, such as VAT, or if our purchase prices increase due to circumstances that we could not foresee when preparing the quotation. We will inform you of this in writing, with an explanation. You may then terminate the contract free of charge within 14 days of receiving our message; you will then receive a full refund of everything you have paid.

07 Payment

1. 7.1

   You pay 50% of the total price upon commissioning and 50% upon completion. The quotation may specify a different payment schedule, but we will never request more than 50% of the total price before the products have been delivered to you.

2. 7.2

   We may postpone ordering products and scheduling work until your down payment has been received. If you do not pay an instalment on time, we may postpone delivery or work until that instalment has been received.

3. 7.3

   You must pay an invoice within 7 days of the invoice date, by bank transfer to the account specified on the invoice or via our payment link. You will receive the final invoice after completion.

4. 7.4

   If you do not pay on time, we will first send you a free reminder. This will state that you have another 14 days to pay, calculated from the day after you received the reminder, and what additional costs will be incurred if you still do not pay. If you still do not pay, we may charge statutory interest and statutory collection costs.

5. 7.5

   If you have a complaint about the work, you may withhold a portion of the payment proportionate to that complaint, for example, for an outstanding item on the completion form. You must pay the rest on time.

08 Additional work and changes

1. 8.1

   Additional work is work or material not included in the quotation. For example, because you want something extra or different, or because during the work it becomes apparent that something is needed that we could not reasonably have known when preparing the quotation, such as an adjustment to the meter cupboard.

2. 8.2

   We will only carry out additional work after you have given written consent for what it is and what it costs. If something needs to be done immediately for safety, we will only do what is necessary to make the situation safe and then consult with you. These costs are for you if the cause is not attributable to us. If we agree on additional work at your home, you also have a cooling-off period for this (article 4). If you want us to carry it out immediately, we will ask you to confirm this in writing (see 4.5 and 4.6).

3. 8.3

   Do you want to adjust the work in another way? Then we will make written agreements about this together, including what this means for the price and the planning.

4. 8.4

   Additional work will be settled on the final invoice.

5. 8.5

   If you do not agree to additional work that is necessary for safe and standard-compliant installation, article 11.3 applies.

Part B The work at your home

09 Execution and planning

1. 9.1

   We will carry out the work properly and professionally, in accordance with the applicable rules and standards.

2. 9.2

   The work will be carried out by our own technicians or by skilled professionals we engage. We will always remain your point of contact and are responsible for the work.

3. 9.3

   We will plan the work in consultation with you. The date we agree on is a target date.

4. 9.4

   If we are unable to come on the agreed date, we will inform you as soon as possible and together we will schedule a new date. If we are significantly delayed and this is not due to you, you may give us a final reasonable period in writing. If we also fail to meet that, you may terminate the contract free of charge.

5. 9.5

   If you cannot make an agreed day, please let us know at least 2 working days in advance; rescheduling will then be free of charge. If you are not present, or if we cannot gain access, and you have not cancelled in time, we will charge for travel costs and lost hours. These rates are stated in the quotation, or you can request them from us.

10 What we need from you

1. 10.1

   You will provide us with the information we need for the work in good time, such as details about your home, the roof, the meter cupboard, and previous installations. You will provide this information to the best of your knowledge.

2. 10.2

   On the agreed day, please ensure that we have free and safe access to the work areas, and that electricity and water are available.

3. 10.3

   Do you need permission from, for example, your Owners' Association, landlord or the municipality? If so, you must arrange this yourself before we start.

4. 10.4

   Are you aware of any risks, such as asbestos, structural problems or defects in the meter cupboard? If so, please report them in advance.

5. 10.5

   If delays or additional work arise because one of these points is not in order, the reasonable additional costs will be at your expense. This does not apply if we, as professionals, should have foreseen the problem and did not warn you in writing in good time.

11 Completion, and if we have to stop

1. 11.1

   Is de installatie klaar en werkt ze, dan lopen we samen alles na en leggen we u uit hoe alles werkt. De installatie is opgeleverd als u het werk goedkeurt. Meestal doet u dat door het opleverformulier te tekenen, maar dat is niet de enige manier. De installatie is ook opgeleverd als zij werkt en u ons laat weten dat u akkoord bent, of als u niet binnen 8 dagen nadat wij hebben gemeld dat het werk klaar is, laat weten welke punten nog niet in orde zijn. Kleine punten die we op het formulier zetten, houden de oplevering niet tegen; die lossen wij zo snel mogelijk op. Gebreken die u later ontdekt, kunt u altijd nog melden (artikel 17).

2. 11.2

   Sometimes we cannot continue safely or in accordance with standards. In such cases, we may interrupt or stop the work. This applies in the following situations:

   • the safety of our technicians is endangered by the construction or the weather;
   • the workplace is not properly or safely accessible;
   • asbestos is (potentially) found;
   • the roof or another workplace is in such poor condition that we cannot install according to standards;
   • the meter cupboard shows a dangerous situation;
   • another situation that is just as serious and that we could not reasonably have foreseen during the inspection.
3. 11.3

   We will then work with you to find a solution, for example, with additional work. If the cause is temporary, such as the weather, we will schedule a new date. If we cannot reach an agreement together, both parties may terminate the contract. If the cause lies with you or your home, you will pay for the work already done and for ordered materials that cannot be returned; these will then become yours. This does not apply if we should have seen the problem during the inspection and did not warn you about it. Any overpayment will be refunded within 14 days.

12 Subsidy, yield and the electricity grid

1. 12.1

   We are happy to help you with a subsidy application, such as the ISDE. However, the application and compliance with the subsidy conditions remain your responsibility. If you do not receive the subsidy, or not in full, this does not give you an additional right to terminate the contract free of charge, unless otherwise stated in the quotation, or unless it is due to us not having done something correctly that we had promised, such as providing the correct invoice and product details. The provisions in articles 4 and 5 remain applicable.

2. 12.2

   Expected yields, savings, and payback periods are estimates based on average conditions. What you actually generate or save depends on factors such as the weather, your consumption, shade, and energy prices. Therefore, we cannot guarantee a specific yield or saving.

3. 12.3

   We have no influence on the electricity grid and on the rules of the grid operator, your energy supplier, or the government. This includes grid congestion, excessively high voltage on the grid causing your inverter to shut down, export tariffs, or rules for exporting electricity. We are not responsible for these. If a problem arises due to our installation, for example, an undersized cable, we will resolve it.

13 Ownership

1. 13.1

   The products and materials we supply remain our property until you have paid everything you owe for the assignment.

2. 13.2

   As long as the products have not yet been installed and paid for, you may not sell, pledge, or give them to anyone else.

14 Risk and insurance

1. 14.1

   Until completion, the products and materials are at our risk, even if they are already with you. If something is damaged or lost by you or by someone else you granted access (i.e., not by us or the professionals we engage), the costs are yours. From completion, the installation is at your risk.

2. 14.2

   We recommend that you include the installation in your building or contents insurance after completion, and inform your insurer of what has been installed at your property.

Part C Warranty, and if something goes wrong

15 Warranty

1. 15.1

   You receive a 2-year installation warranty from us, starting from the completion date. This warranty applies to errors in the installation and assembly by us. We will rectify these free of charge, including labour and call-out charges.

2. 15.2

   The products are covered by the manufacturer's warranty. The duration of this warranty is specified per product in the quotation. We will assist you if you wish to claim under the manufacturer's warranty.

3. 15.3

   If a product breaks down after the 2-year installation warranty, but still within the manufacturer's warranty? Then the manufacturer will supply the replacement product. If the product does not last as long as you can reasonably expect, then the replacement is also free for you (these are your statutory rights, see 15.4). Otherwise, we will charge for the replacement work at our current rates.

4. 15.4

   Our warranties are in addition to your statutory rights. You always have the right to a product and an installation that perform as you can reasonably expect, even if a warranty period has expired.

5. 15.5

   A fault not covered by the warranty or your statutory rights will be treated as a service request. The costs for this will be charged at our current rates. You can always request these rates from us.

6. 15.6

   Do you have a current maintenance contract with us, such as an All-In maintenance contract? Then the agreements and any discounts from that contract apply to faults and service. A maintenance contract is not a warranty and does not extend or broaden the warranty.

16 When the installation warranty does not apply

1. 16.1

   Our installation warranty does not apply if a defect is caused by:

   • incorrect use, or failure to follow the operating instructions;
   • modifications, repairs, or extensions not carried out by or on behalf of us;
   • the relocation or removal of products by you or others, for example during a renovation or move;
   • external causes, such as lightning strike, overvoltage, fire, water, storm, vandalism, animals, or chemical substances;
   • defects in your existing electrical installation or meter cupboard that we did not install, if we warned you about them in advance or could not reasonably have seen the defect;
   • normal wear and tear.
2. 16.2

   Colour differences between products and discolouration over time are not covered by the installation warranty, as long as everything continues to function correctly. Your statutory rights (see 15.4) remain applicable in all cases.

3. 16.3

   If, after investigation, a report falls under 16.1 or 16.2, we may charge the reasonable costs of that investigation. We will inform you in advance of the approximate cost. In the first year after completion, we will only do this if we can demonstrate that the defect is not due to us or the product.

4. 16.4

   During the installation warranty period, you must have repairs to the installation carried out by us or on our behalf. If this does not happen, the installation warranty for that part will lapse. This does not apply if we cannot attend within a reasonable period, or if something needs to be done immediately to prevent damage or danger. In such cases, please inform us immediately.

17 Reporting complaints and faults

1. 17.1

   You inspect the work upon completion and report visible defects as soon as possible.

2. 17.2

   If you discover a defect later, you also report it as soon as possible. A report within 2 months of discovery is always on time.

3. 17.3

   You preferably report a complaint by email to info@energieinstall.nl, with a clear description and, where possible, photos. If you report something by phone, we will confirm this by email. A fault report also counts as a defect report.

4. 17.4

   We will respond substantively to your complaint within 14 days.

5. 17.5

   If we cannot resolve the issue together, you can submit the dispute to the court (see article 24).

Part D Other agreements

18 Liability

1. 18.1

   If we fail to meet our agreements with you, and this is attributable to us, then we are liable for any damage you suffer as a result.

2. 18.2

   Our liability is limited to the amount paid out by our liability insurance in such a case, plus the excess we bear ourselves according to that insurance. If the insurance does not pay out, our liability is limited to the total amount of the order, including VAT.

3. 18.3

   We are not liable for indirect damage, such as lost energy yield or lost savings.

4. 18.4

   These limitations do not apply in cases of intent or deliberate recklessness on our part, our employees, or the professionals we engage, nor in cases of personal injury. They also do not limit your legal rights if a product we supply is faulty or has not been installed correctly by us.

19 Force majeure

1. 19.1

   If we are unable to fulfil our agreements due to force majeure, we are not liable for this.

2. 19.2

   Force majeure includes: natural disasters and emergencies, weather conditions in which work cannot be performed safely, delivery problems with suppliers that we could not foresee and could not resolve when entering into the order, strikes, government measures, and disruptions in electricity, internet, or telephone networks.

3. 19.3

   In the event of force majeure, our obligations will be postponed. If the force majeure lasts longer than 30 days, either of us may terminate the order in writing. We will then settle the work already done against what you have paid. You will receive the difference back, or you will receive an invoice for it.

20 If one of us fails to comply with the agreements

1. 20.1

   If one of us fails to comply with the agreements, the other will generally first send a written notice of default, with a reasonable period to rectify the situation. This is not necessary if the law does not require it, for example, if performance is permanently impossible, or if the other party has already indicated that they will not perform.

2. 20.2

   If the situation is still not rectified after that period, the other party may dissolve the order in whole or in part, unless the shortcoming is too minor for this. Your legal rights if a product is faulty will always remain applicable.

3. 20.3

   If we have good reasons to believe that you will not pay, we will inform you of these in writing. If you then do not inform us within a reasonable period that you will pay, or if you do not provide security, we may postpone the work and, if there is no other option, dissolve the order.

21 Privacy

1. 21.1

   We handle your personal data with care and comply with the GDPR. We use them to carry out the order, for the warranty, and to comply with legal obligations. You can read more in our privacy statement on energieinstall.nl.

2. 21.2

   For the work, we may share your data with subcontractors, suppliers, manufacturers (for warranty registration), the grid operator, and subsidy providers.

3. 21.3

   For our records and the warranty, we take photos of the installation. No people are included in these photos.

4. 21.4

   If your installation has a monitoring system and you give separate permission for it, we may view the data to detect malfunctions and for the warranty. You can withdraw this permission at any time.

22 If these terms and conditions change

1. 22.1

   We may amend these terms and conditions. For an ongoing order, the version you received with the quote will remain applicable, unless you agree to a new version.

23 If a provision proves invalid

1. 23.1

   If a provision in these terms and conditions proves to be invalid, the other provisions will remain in force.

24 Which law applies, and disputes

1. 24.1

   Dutch law applies to these terms and conditions and all our orders.

2. 24.2

   If we cannot resolve a dispute together, it can be submitted to the court that is legally competent. We are not affiliated with a dispute resolution committee.

Questions about these agreements?

Call us on 085-060 8485, email info@energieinstall.nl or visit energieinstall.nl. We are happy to help you further.

Right of withdrawal form

Appendix Right of withdrawal form

Do you wish to cancel the order within the cooling-off period (see article 4)? You can use this form. An email to info@energieinstall.nl is also acceptable. In law, cancelling within the cooling-off period is called "withdrawing". Below is the model form prescribed by law.