Article 1 Definition

In these General Terms and Conditions, 'User' refers to Lood en Spelen. 'Counterparty' refers to the party who has accepted the validity of these General Terms and Conditions in any way, or can be presumed to have accepted them.

Article 2 General: Offers and Confirmations 1. These general terms and conditions apply to all legal relationships in which the user acts as an offeror, seller, and/or supplier of goods and/or services, including the processing and/or working of glass, (stained) leaded glass, (stained) glass in copper, Tiffany, glass fusing and bonding, and other glass techniques in the broadest sense of the word. 2. All offers are without obligation, unless they contain a deadline for acceptance. All samples and other information provided with the offer are provided for illustrative purposes only. If a quotation contains a non-binding offer and this is accepted, the user has the right to revoke the offer within 5 working days after receipt of the acceptance. 3. The applicability of general terms and conditions used by the counterparty is expressly rejected; these terms and conditions shall take their place to the extent necessary.

Article 3 Prices 1. Unless otherwise agreed, the invoice price shall be calculated on the basis of the number of working hours multiplied by the hourly rates to be determined annually by the User, plus any costs for raw materials, energy costs, and transport. 2. The User is entitled to pass on to the Counterparty any taxes, import duties, levies, or other government charges introduced or increased after the offer or the conclusion of the agreement. 3. If, after the offer or the conclusion of the agreement, one or more of the cost-determining factors on which the price(s) of the User is/are based undergo a change, regardless of the circumstances, the User is entitled to increase the offered or agreed price(s) accordingly and shall notify the Counterparty of this as soon as possible, stating the reasons, without this giving the Counterparty the right to dissolve the agreement. 4. All prices are always exclusive of VAT, unless otherwise agreed in writing.

Article 4 Delivery time

1. Agreed delivery times are indicative and not binding deadlines. Costs arising from a delivery time later than planned cannot be recovered from Lood en Spelen.

2. When a part of an order is ready, the user has the choice to deliver this part immediately or to wait until the entire order is ready. 3. Invoices relating to partial deliveries must be paid by the counterparty within the payment term mentioned in Article 6.

Article 5 Complaints A. General. 1. Unless special quality requirements have been stipulated by the counterparty in the order and confirmed in writing by the user, standard commercial quality will be delivered. 2. The user reserves the right to deliver with a slight deviation in color and/or design from standard or other samples. 3. The counterparty is obliged to examine, immediately after delivery of the goods, whether the delivered goods meet the agreed requirements, due to the fact that artisanal products, such as mouth-blown glass and/or hand-cast glass types, are used. B. Quality of delivered goods. 1. Complaints from the counterparty alleging that the delivered goods do not conform to the agreed quality must be brought to the user's attention by means of a registered letter within 8 days of receipt of the goods, failing which the counterparty shall be unable to assert any rights against the user. 2. If a timely submitted complaint proves to be correct, the user is only obliged to replace the originally delivered goods with goods of the agreed quality. The counterparty shall therefore not be entitled to assert any right to dissolve the agreement. 3. The User is not liable for technically unavoidable deviations in color, quality, and design. C. Other complaints. 1. Complaints by the counterparty regarding the manner in which the User performs the agreement, and not relating to the quality of the delivered goods, must be brought to the User's attention in a timely manner and in such a way that the User can verify the accuracy of the complaint, failing which the counterparty shall not be entitled to assert any right against the User in this regard. 2. If a timely submitted complaint proves to be correct, the User has the right to still fulfill its obligations, without the counterparty being able to claim anything from the User in this respect, with the exception of the case where performance of the agreement should no longer be possible. D. Final Provision 1. In all cases, the user shall never be liable for compensation exceeding the nominal invoice value of the goods and/or services rendered in respect of which compensation is claimed.

Article 6 Payment 1. The counterparty is obliged to pay the user's invoices within 30 days of the invoice date without deduction of any discount. Payment must be made effectively in the agreed currency and without set-off or suspension. 2. If the counterparty fails to pay the invoice amount due on time, he shall owe the user interest of 1¼% of the net invoice amount for each month (30 days) or part thereof that he remains in default, commencing on the date the invoice amount becomes due. 3. Payment shall be deemed to have taken place when the user's bank or giro account has been credited and the user has been notified thereof, or, in the case of cash payment, on the date of the receipt.

4. Every payment shall first be applied to the costs, then to the accrued interest, and finally to the oldest invoices and the current interest, even if the User designates a different order of allocation. 5. The Counterparty shall be in default merely by the expiration of any agreed term or the failure to fulfill any obligation, without any notice of default being required. 6. In the event of late payment of an invoice, all payment obligations of the Counterparty shall become immediately due and payable, regardless of whether the User has already invoiced in this regard. 7. The User also has the right to demand the agreed price immediately and in full, or to dissolve the agreement in the event of the Counterparty's bankruptcy or suspension of payments. 8. In addition to the agreed price with the costs and interest described above, the User is entitled to claim from the Counterparty all costs caused by non-payment or any other form of default on the part of the Counterparty. Extrajudicial costs shall be due from the counterparty in any event that the user has secured the assistance of a third party for collection. These extrajudicial collection costs are deemed to be fixed for the parties at 15% of the principal sum, with a minimum of €25.00 excluding VAT. The user is not required to demonstrate that he has incurred the expenditure of these costs. If the user applies for the bankruptcy of the counterparty, the latter shall, in addition to the agreed price and the extrajudicial and prosecution costs levied thereon, also owe the costs of the bankruptcy application at the rate applicable in the district where the bankruptcy application is lodged.

Article 7 Invoicing The User reserves the right to invoice the agreed contract sum in two installments, unless otherwise agreed. 50% of the contract sum will be invoiced at the start of the work by means of a digital invoice, and 50% of the amount by means of a digital final invoice upon completion. Additional or reduced work will be charged or deducted from the final invoice.

Article 8 Provision of Security If there are good grounds to fear that the Counterparty will not fulfill its obligations under the agreement, the User has the right to demand that the Counterparty, upon the User's first request, immediately provide sufficient security in the form desired by the User for the fulfillment of its obligations, in particular for the payment of the agreed price. Failure to comply with a written demand to that effect entitles the User either to suspend the fulfillment of its obligations or to dissolve the agreement, without prejudice to the User's right to compensation for damages.

Article 9 Retention of Title 1. The User retains title to the goods supplied by him until the Counterparty has fully complied with all obligations arising from the agreement, expressly including compensation for claims due to its failure to perform that agreement. Until such time, the supplied goods shall be deemed to have been given into custody by the User to the Counterparty free of charge. 2. If the Counterparty is in default with respect to any obligation incumbent upon it, the User is entitled to retrieve the goods belonging to him (or have them retrieved) at the expense of the Counterparty from the place where they are located. All costs and damages incurred by or relating to the goods during the period that they were in the possession of the Counterparty shall be for the Counterparty's account and risk.

Article 10 Force Majeure The User shall not be liable for damage resulting from circumstances that were unforeseeable to the User at the time of entering into the Agreement. Such circumstances include, but are not limited to: lack of raw materials, factory breakdowns of any kind, strikes, quarantine, epidemics, mobilization, state of emergency, railway delays or lack of means of transport, traffic blockades, as well as incomplete, untimely, or non-performance by the glass factories of their obligations towards the User, regardless of the reason or cause thereof.

Article 11 Dimensions and other data 1. The Counterparty guarantees the accuracy of the data contained in the specifications and drawings, or otherwise provided to the User, concerning dimensions, quantities, and constructions, in the broadest sense of the word. In the event of a discrepancy between this data and reality, the User shall be entitled to compensation or additional payment. 2. With regard to the dimensions and weights of all items, the User reserves the right to apply the standard tolerances customary at the factories charged with their manufacture. 3. For shapes other than rectangular, the surface area is calculated based on the rectangle into which the mold fits, including any applicable surcharges for non-standard sizes and models. 4. The costs for taking measurements, as well as the manufacture of molds, the installation or fastening of glass, and all other additional operations shall be borne by the Counterparty. 5. The Other Party shall never be entitled to require the user of the auxiliary materials employed by the latter, such as sealant, tin, patina, etc., to use one or more specific brands or a certain quality, unless this has been expressly agreed in advance.

Article 12 Additional or reduced work 1. Additional or reduced work shall generally be settled in accordance with the unit prices agreed upon between the parties. Failing that, settlement shall take place in accordance with the unit prices stated in the specifications. 2. If the specifications do not provide a solution, settlement shall be based on the generally accepted prices applicable on the date the work was performed, or should have been performed, respectively.

Article 13 Goods placed in custody or for processing The risk of damage or breakage during or as a result of transport, temporary storage and/or custody, or of the processing of goods placed with manufacturers or traders for processing, treatment, or custody, on or with which an order is executed anywhere, shall be for the account of the counterparty, except in cases of intent or gross negligence on the part of the user.

Article 14 Applicable law; competent court 1. All legal relations between the user and the counterparty shall be governed exclusively by Dutch law. 2. All disputes that may arise between the user and the counterparty shall be submitted to the competent Dutch court.

Article 15 Stained Glass in Double Glazing Incorporating stained glass into insulating (or double) glazing gives your home the comfort of double glazing with a unique identity. We install newly made stained glass, but also old panels set in new lead between double glazing. This allows the existing stained glass to be restored when installing new frames. There are two options for insulating stained glass windows: 1. Secondary glazing in front of or behind the stained glass. 2. Insulating glass: stained glass between double glazing. Remarks should be made regarding both methods: 1. Secondary glazing A. These must always be removable because moisture can cause condensation through the frame. Condensation occurs when cold air containing moisture condenses against windows with a temperature below the dew point. B. Major condensation problems arise when the secondary glazing is placed on the outside if the stained glass is no longer watertight. C. Installing the secondary glazing on the inside has the advantage that the exterior appearance remains original; however, the stained glass is then not protected against the elements. D. When installing the secondary glazing on the outside, the exterior appearance of the windows is less attractive than the original stained glass due to reflections on the outer pane. E. Since the stained glass remains accessible, traditional methods can be maintained, unlike with insulating glass. F. With secondary glazing combined with high-efficiency (HR) glass, discoloration of the HR layer may occur due to heating. When secondary glazing is installed in front of HR glass, there is a small risk of thermal breakage of the HR glass because more heat is retained. This applies particularly to less translucent stained glass panels.

2. Insulated Glass A. Due to the thickness of the stained glass in double glazing, it is sometimes necessary to adjust the frames. B. With stained glass between insulated glass, the weight can cause such movement that the absolute tightness of the insulated glass definitely CANNOT be guaranteed. C. The exterior appearance of the windows is less attractive than the original stained glass due to reflections on the outer pane. D. The sealants commonly used with standard stained-glass windows can evaporate between the double glazing and cause permanent condensation; therefore, the stained-glass windows are re-leaded and not sealed, which can cause a slight 'rattle' in doors, casement windows, and when heavy traffic passes by. E. The stained-glass windows are cleaned before installation between double glazing. However, it remains a handcrafted product, for which no responsibility can be accepted for residual traces of cutting oil, soldering flux, smudges, dust, and other contaminants on the glass or the lead. Small scratches and irregularities in the glass must also be accepted. F. The edge finishing of the stained glass is possible with edge lead U- or Y-profiles; this depends on the total thickness of the double glazing. G. If existing windows are to be fitted with double glazing, account must be taken of the fact that approximately 14 mm must be shortened on all sides. Lood en Spelen strives to keep the original pattern of the window as intact as possible and to make choices regarding where glass is cut away based on this. Releading is always necessary. Severely damaged panes and broken panes are replaced with glass in a color and texture that comes as close as possible to the original glass. H. The thickness of any support blocks must be taken into account for the size of the double glazing. The size of the double glazing must be specified in mm. A deviation of 4 mm must be accepted. I. New stained glass is a traditional artisanal product and presents a number of problems when combined with modern techniques such as insulating glazing. Therefore, no guarantee can be given regarding this.

If you commission us to produce stained glass, you agree to the points mentioned above. Our general terms and conditions of delivery include the aforementioned provisions and the general terms and conditions of the Entrepreneurs Association of Glaziers (OVG).