General terms and conditions Dakkey
Our terms and conditions form the foundation of a fair and transparent partnership. They outline all agreements regarding our services, warranties, and payment terms.
General terms and conditions Dakkey
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
1.1. Dakkey: Dakkey BV, trading under the name Dakkey, part of the Techkey Group, statutorily established in Breda.
1.2. Client: the natural person or legal entity who enters into an agreement with Dakkey or to whom Dakkey makes an offer.
1.3. Agreement: any agreement between Dakkey and the client for the performance of work or the delivery of services/goods.
1.4. Activities: all activities to be carried out by Dakkey, including roof maintenance, roof renovation, roof insulation, leak repairs, and other roof-related activities.
1.5. Consumer: a client who acts for purposes outside his trade, business or profession.
1.6. Business client: a client who acts in the exercise of a profession or business.
Article 2 – Applicability
2.1. These general terms and conditions apply to all Dakkey quotations, agreements, and deliveries, unless otherwise agreed in writing.
2.2. Deviations from these terms and conditions are only valid if expressly confirmed in writing by Dakkey.
2.3. The applicability of the client's general terms and conditions is expressly rejected.
2.4. If any provision is found to be invalid or voidable, the remaining provisions shall remain in full force and effect.
Article 3 – Quotations and Agreements
3.1. All Dakkey quotes are non-binding and valid for 30 days, unless stated otherwise.
3.2. An agreement is concluded after written confirmation by Dakkey or as soon as Dakkey has commenced implementation.
3.3. Dakkey reserves the right to refuse an order without giving reasons.
3.4. Prices listed are exclusive of VAT and any costs for transport, permits, or waste processing, unless otherwise stated.
Article 4 – Cancellation and Right of Withdrawal
4.1. The client may only cancel an already agreed order in writing.
4.2. In the event of cancellation by the client after written agreement, the client is obligated to reimburse costs already incurred, including material costs, preparation costs, and lost profits, with a minimum of 25% of the agreed amount.
4.3. Consumers have a 14-day right of withdrawal for distance contracts or off-premises contracts, provided that the work has not yet started.
4.4. As soon as Dakkey has commenced performance at the consumer's request before the end of the withdrawal period, the right of withdrawal lapses.
Article 5 – Execution of the Activities
5.1. Dakkey will carry out the work to the best of its knowledge, with due care, and in accordance with applicable safety standards.
5.2. The Client shall provide an easily accessible workplace, sufficient work space, and connections to electricity and water.
5.3. Any delays or additional work caused by circumstances beyond Dakkey's control (such as hidden defects or defective construction) will be considered additional work and will be charged separately.
5.4. Work will be carried out on working days between 7:00 AM and 6:00 PM, unless otherwise agreed.
5.5. The Client is obligated to report in writing before commencing work whether asbestos is present or suspected in the roof, roof structure, or materials used.
5.6. If asbestos is found during the work, regardless of whether Dakkey has conducted a prior inspection, Dakkey is in no way liable for any resulting damage, costs, delays, or consequential damages. Dakkey will immediately cease work.
5.7. The Client is fully and independently responsible for engaging a certified asbestos removal company to remove and dispose of the material in accordance with applicable laws and regulations. Dakkey will only resume work after the Client has provided written proof that the asbestos has been completely and lawfully removed.
Article 6 – Delivery and Ownership
6.1. All materials supplied by Dakkey remain the property of Dakkey until full payment has been made.
6.2. The Client is obliged to handle the materials with care and not to alienate or encumber them.
6.3. Dakkey is entitled to suspend deliveries or work if the client fails to meet any payment obligation.
Article 7 – Payment
7.1. Payment must be made within 7 days of the invoice date, unless otherwise agreed in writing.
7.2. If the payment term is exceeded, the client is automatically in default and owes statutory (commercial) interest.
7.3. All extrajudicial collection costs are borne by the client, with a minimum of €150 excluding VAT.
7.4. Dakkey is entitled to suspend the execution of work until payment has been made.
7.5. Down payment for tiled roof renovation
When renovating a tiled roof, the client is obligated to pay 50% of the total invoice amount at the start of the work. This payment covers material costs and work preparation.
7.6. Payment obligation upon discovery of asbestos
If asbestos is discovered during the work and Dakkey is therefore forced to suspend the work, the client remains liable for the full 50% deposit. This obligation applies regardless of the progress of the work, as materials have already been ordered and prepared.
Article 8 – Warranty
8.1. Dakkey provides a warranty only on roof renovation work, unless otherwise agreed in writing.
8.2. No warranty is provided on repairs, emergency repairs and maintenance work.
8.3. The warranty will immediately expire if:
* third parties have carried out work on the roof without written permission from Dakkey;
* the client has not carried out regular maintenance;
* there is improper use or damage due to external factors.
8.4. Warranty work does not extend the original warranty period.
Article 9 – Liability
9.1. Dakkey is only liable for direct damage that is the direct result of an attributable shortcoming.
9.2. Dakkey is not liable for indirect damage, consequential damage, loss of profit, stagnation, or lost income.
9.3. Dakkey's liability is limited to the amount of the relevant invoice, with a maximum of €20,000 per claim.
9.4. Dakkey is not liable for damage caused by defective building structures, hidden defects, or incorrect information provided by the client.
Article 10 – Force Majeure
10.1. Force majeure means circumstances beyond Dakkey's control, including extreme weather conditions, material shortages, staff illness, fire, government measures, or transport disruptions.
10.2. In the event of force majeure, Dakkey has the right to suspend or terminate the agreement in its entirety, without liability for damages.
Article 11 – Use of Third Parties
11.1. Dakkey may have work carried out by carefully selected third parties.
11.2. These third parties operate under the responsibility of Dakkey and in accordance with applicable standards.
11.3. Dakkey remains ultimately responsible for the quality of the execution.
Article 12 – Privacy and Data Protection
12.1. Dakkey processes personal data solely for the execution of orders, administration, and communication with the client.
12.2. Data will not be shared with third parties unless this is necessary for the execution of the agreement (such as subcontractors or suppliers).
12.3. Dakkey acts in accordance with the General Data Protection Regulation (GDPR).
12.4. The Client has the right to access, correct, or delete his or her personal data.
Article 13 – Complaints procedure
13.1. Any complaints about the work must be reported to Dakkey in writing within 7 days of discovery.
13.2. If the complaint is justified, Dakkey will remedy the deficiency free of charge within a reasonable period of time.
13.3. Complaints do not suspend the payment obligation.
Article 14 – Dissolution
14.1. Dakkey is entitled to terminate the agreement with immediate effect if the client:
* is in default of payment;
* is declared bankrupt or applies for a suspension of payments;
* terminates or transfers his business.
14.2. In the event of termination, Dakkey reserves the right to compensation for costs already incurred and damages suffered.
Article 15 – Applicable Law and Disputes
15.1. All agreements with Dakkey are exclusively governed by Dutch law.
15.2. Disputes will be submitted exclusively to the competent court in Breda, unless mandatory legal provisions prescribe otherwise.
Article 16 – Final provisions
16.1. Dakkey reserves the right to amend these terms and conditions. The most recent version can be found at www.dakkey.nl.
16.2. By entering into an agreement, the client declares that he/she has read and agrees to these general terms and conditions.