Terms

These terms apply to all quotations, agreements and work carried out by Marton Solutions B.V., registered in the Netherlands under KVK 00000000, with VAT number NL000000000B01.

These terms are directed at business clients. Where a client operates as a consumer, mandatory statutory provisions take precedence over anything in these terms that conflicts with them.

Deviations from these terms are valid only where agreed in writing and signed by both parties.

Quotations are based on the information available at the time of issue, including any site information, drawings or scope documents provided by the client. Quotations remain valid for thirty days unless stated otherwise.

An agreement is formed when the client confirms the quotation in writing, or when work commences at the client's request.

Where the nature of the work makes a fixed scope impractical, work may be carried out on a time-and-materials basis. Where this applies, it will be stated in the quotation or agreed before the work begins.

The client is responsible for the accuracy and completeness of the information, drawings and site data provided to us.

Work that falls outside the agreed scope — including work resulting from unforeseen site conditions, changes in specification, or circumstances outside our control — is regarded as additional work.

Additional work will be discussed with the client before being carried out where the situation permits. Where a delay would cause damage or stop the project, work necessary to safeguard the site or prevent further loss may proceed, and will be accounted for afterwards.

Additional work is charged according to the agreed rates, or at rates that are reasonable given the nature of the work where no rates were agreed.

Agreed dates are planning targets, met where circumstances allow. Where a delay arises from causes outside our control — including site access restrictions, weather, supplier delays or decisions by other parties on site — the schedule is adjusted accordingly and we will inform the client promptly.

The client ensures that the site is accessible, that necessary permits and approvals are in place, and that the conditions required for the work are met.

Where work is carried out alongside other parties, the client is responsible for coordinating the interfaces between those parties unless agreed otherwise.

We carry out our work in accordance with applicable Dutch health and safety legislation and the safety requirements in force on site.

Invoices are payable within thirty days of the invoice date, unless agreed otherwise in writing.

For projects of longer duration, interim invoices may be issued based on the work carried out or materials delivered.

Where an invoice is not paid within the agreed term, the client is in default by operation of law. From that point, statutory commercial interest is owed, together with reasonable extrajudicial collection costs.

We reserve the right to suspend work where invoices remain unpaid after a written reminder, without liability for resulting delay.

All amounts are stated exclusive of VAT unless indicated otherwise.

Our liability for damage arising from the work is limited to the amount paid out under our business liability insurance for the matter concerned. Where the insurer does not pay out, liability is limited to the invoice value of the work concerned, with a maximum of the amount invoiced for the project in question.

We are not liable for indirect or consequential loss, including lost profit, production loss, delay damage or damage arising from decisions taken by the client or other parties on site.

We are not liable where damage results from information, drawings, materials or instructions provided by the client that prove to be incorrect or incomplete.

These limitations do not apply where the damage results from intent or deliberate recklessness on our part, or where statutory provisions do not permit the limitation.

The client inspects the work on completion. Defects that are visible on reasonable inspection should be reported to us in writing within fourteen days of completion.

Defects that are not visible on reasonable inspection should be reported in writing within fourteen days of being discovered, and no later than the applicable warranty period.

Reported defects are assessed and, where they fall within our responsibility, remedied. Reporting a defect does not suspend the client's payment obligations for work already carried out.

All drawings, calculations, designs, methods and technical documents we produce remain our intellectual property, unless agreed otherwise in writing.

The client receives a right of use for the purposes of the project concerned. Further use, reproduction or disclosure to third parties requires our written consent.

Documents we produce may not be used for other projects, or by other parties, without written agreement.

Either party may terminate an agreement in writing where the other party fails to meet its obligations and does not remedy this within a reasonable period after written notice.

We may suspend or terminate work immediately where the client becomes insolvent, is declared bankrupt, or requests suspension of payments.

Where an agreement is terminated, work carried out up to that point and materials delivered or ordered specifically for the project remain payable.

Termination does not affect provisions that are intended to survive it, including those relating to liability, intellectual property and dispute resolution.

All agreements between Marton Solutions B.V. and the client are governed by Dutch law.

Disputes are submitted to the competent court in the Netherlands, in the district where Marton Solutions B.V. is established, unless the law requires otherwise.

Before submitting a dispute to the court, both parties will make a reasonable effort to resolve the matter directly.