Terms and conditions

Article 1: General

  1. NatureGreenRoof is the trade name of NatureGreen B.V., the private company with limited liability under Dutch law whose activities include landscaping and engineering and other technical design and advice, including the sale and installation of sedum roofs. NatureGreen B.V. has its registered office in Ede and its principal place of business at Boylestraat 22 in (6718XM) Ede. NatureGreen B.V. is registered in the Trade Register under KVK number 85435880.
  2. These General Terms and Conditions may also be invoked by those (legal) persons who are directly or indirectly connected to NatureGreenRoof and are in any way involved in the services provided by or on behalf of NatureGreenRoof.
  3. NatureGreenRoof is authorized to engage third parties in the execution of the work.
  4. NatureGreenRoof is entitled to accept the stipulations limiting liability used by these third parties also on behalf of the client.

Article 2: Quotation

  1. The client shall ensure that NatureGreenRoof has timely access to the data required for the construction, including the correct dimensions, the intended location or subsoil on which the sedum roof is to be installed and its accessibility.
  2. The quotation shall be issued in writing or electronically. The quotation has a validity period of one month, counting from the day the quotation is issued. After the expiry of this period the offer made by NatureGreenRoof as expressed in the quotation shall lapse.
  3. The client is obliged to investigate whether the intended location or substrate on which the sedum roof is to be installed, for example the existing roof covering, is in good condition and structurally suitable for the installation of the sedum roof. NatureGreenRoof is not familiar with and does not investigate the quality of the intended location or subsoil.

Article 3: Agreement

  1. The agreement is concluded by written or electronic acceptance of the offer by the client.
  2. If an order is given by two or more clients, they are jointly and severally bound and NatureGreenRoof is entitled to fulfillment against each of them for the whole.
  3. After an agreement is concluded NatureGreenRoof will determine a delivery date in consultation with the client. This date will depend on the availability of the parties and the delivery time of the necessary products and materials.

Article 4: Subsidy opportunities

  1. Client is responsible for applying for any subsidy opportunities in a timely manner. Failure to use and/or obtain the subsidy (in a timely manner) shall be at the client’s expense and risk.
  2. The (legal) fees payable to the government agency shall be for the account of the client.
  3. At the request of the client, NatureGreenRoof shall make every effort to assist the client with its subsidy application. NatureGreenRoof shall make every effort to provide the client with the documents required within the framework of the subsidy application.

Article 5: Force majeure

  1. A failure to fulfil its obligations cannot be attributed to NatureGreenRoof if this failure is the result of force majeure.
  2. In addition to what is legally determined in this respect, force majeure is understood to include the circumstance that third parties engaged by NatureGreenRoof, on which NatureGreenRoof depends, do not or not timely fulfill their obligations, weather conditions, natural disasters, fire, power failure, loss, theft or loss of necessary data, products or materials, traffic jams, road blocks, strikes and government measures.
  3. In the event of force majeure NatureGreenRoof shall make every effort to fulfill its obligations as soon as possible. If the force majeure situation continues for more than two months, parties are authorized to dissolve the agreement.
  4. Client is not entitled to damages in case of (dissolution due to) force majeure.

Article 6: Retention of title

  1. All products and materials remain the property of NatureGreenRoof until the client has paid the full price.

Article 7: Invoicing

  1. NatureGreenRoof will invoice 50% of the full price after conclusion of the agreement. The remainder of the full price will be invoiced after completion. Invoices will only be sent by e-mail to the client.
  2. Payment by the client must be made within 14 days of the invoice date at the latest. exceeding this deadline for payment, the client is liable to pay the statutory (commercial) interest without notice.
  3. In case of non-payment, the client shall also owe the extrajudicial collection costs. NatureGreenRoof shall charge the client the amount in accordance with the Decree on compensation for extrajudicial collection costs.

Article 8: Completion and delivery

  1. The sedum roof will be delivered by NatureGreenRoof on one or more EUR-pallet(s) on the day of delivery chosen by the client. NatureGreenRoof shall make every effort to deliver all products and materials as close as possible to the address provided by the client. NatureGreenRoof shall determine the exact safe location of delivery on a case-by-case basis. The products and materials will not be brought inside by NatureGreenRoof. 
  2. NatureGreenRoof advises the client to lay the sedum roof or have it laid immediately on the day of delivery, but no later than the next day after delivery.
  3. The client is obliged to place the intended location or substrate on which the sedum roof is to be installed at NatureGreenRoof’s disposal completely free of gravel, sand and other loose material prior to the start of installation.
  4. The work shall be considered delivered when NatureGreenRoof has stated that the work is ready for delivery and the client has accepted the work. The work will normally be delivered on the day of construction, as construction is normally completed in one working day. On the occasion of the completion and/or acceptance, one or more photographs will be taken.
  5. If the client puts the work into use, the work shall be considered completed.
  6. If the client takes the work into use, the work shall be considered completed.
  7. After delivery, the work shall be at the client’s risk. The client shall remain liable for the full price, regardless of destruction or deterioration of the work due to a cause not attributable to NatureGreenRoof.
  8. From the moment of delivery NatureGreenRoof is released from liability for defects which the client should reasonably have discovered at the time of delivery.

Article 9: Liability

  1. NatureGreenRoof is not liable for any damage caused by the third parties referred to in Article 1.3.
  2. Any liability arising from or in connection with the execution of an assignment of NatureGreenRoof is limited to the amount which is claimed under the liability insurance taken out, increased by the amount of the deductible applicable under such insurance.
  3. If for whatever reason no payment is made under the insurance mentioned in paragraph 2 of this article, all liability is limited to a maximum amount of
  4. € 1.000,- or, if the price charged by NatureGreenRoof is higher, to an amount equal to this price (excluding turnover tax) with a maximum of € 2.000,-.
  5. In case of intent or deliberate recklessness of NatureGreenRoof, the limitation included in paragraphs 2 and 3 of this article shall not apply.

Article 10: No right of dissolution

  1. The sedum roof delivered by NatureGreenRoof is a customized natural product. The sedum roof is manufactured according to the client’s specifications, namely based on an individual choice or decision of the client. The sedum roof is not prefabricated. In addition, the sedum roof spoils quickly. In line with Article 6:230p sub f under 1 and 2 BW, the client therefore has no right of rescission.

Article 11: Termination

  1. In case NatureGreenRoof performs both the sale and the construction of the sedum roof, the client shall be entitled to terminate the agreement in whole or in part at any time. In such a case NatureGreenRoof shall be entitled to the full price, increased by the costs it has incurred as a result of the non-completion and reduced by the costs saved by the termination.
  2. NatureGreenRoof shall only send the client an itemized final statement of what the client owes as a result of its termination by e-mail.
  3. Client must pay the final invoice within 14 days of receipt. If this deadline for payment is exceeded, client shall owe the statutory (commercial) interest without notice.

Article 12: Guarantee

  1. NatureGreenRoof guarantees that at least 90% of the sedum roof it supplies will be covered with vegetation on the day of delivery.

Article 13: Obligation to complain, prescription and expiry

  1. With regard to defects which the client should not reasonably have discovered at the time of delivery, the client cannot invoke these defects if he does not complain to NatureGreenRoof within a reasonable time, and in any case within two weeks, after he has discovered or reasonably should have discovered the defects.
  2. All legal claims and defences on account of a defect in the work delivered shall lapse one year after the client has protested.
  3. All rights of action expire two years after the day the client became aware of their existence.

Article 14: Privacy

  1. NatureGreenRoof, as the party responsible for processing, processes (special) personal data. The manner in which personal data are processed is described in the privacy policy (https://naturegreenroof.com/privacy-policy/).

Article 15: Disputes

  1. All legal relationships between NatureGreenRoof and client are exclusively governed by Dutch law.
  2. All disputes shall be exclusively settled by the District Court Midden-Nederland (location Utrecht).