General terms & conditions

1.1 In these general terms and conditions, the following definitions apply:

Client: The party that instructs the Contractor to perform work;

Contractor: The private limited liability company By Proxy B.V., trading as Blinqlab Direct, also referred to as Blinqlab;

Object: An individual, whether or not detached, existing or under construction (new build) house, shop, commercial building or apartment, or any other immovable property;

Work: All work that must be carried out on the basis of the agreement between Client and Contractor.

Deliverables: All reports, images, measurements, photos, videos, visualizations and all other recorded data before, during and after execution of the assignment.

Survey/Recording: Execution of the Work resulting in the recording of Deliverables.

In writing / Written: All communication and/or transfer of data in any form, such as letter, e mail, digital, online, and anything where text is transferred via a data carrier.

1.2 These General Terms and Conditions apply to all offers and agreements under which the Contractor supplies goods and/or services of whatever nature and under whatever name to a Client.

1.3 The Client may only rely on its own trading conditions, deviating or supplementary provisions if and insofar as these have been expressly accepted by the Contractor in writing. Any conditions used by the Client are hereby expressly rejected.

2.1 All quotations and price indications (including online) made by or on behalf of the Contractor are without obligation.

2.2 The applicable General Terms and Conditions are sent to the Client at the moment of placing an order. Because agreements are often concluded online and/or at a distance, the General Terms and Conditions are sent together with the order confirmation. This is considered equivalent to making them available beforehand.

2.3 If, on the basis of available information, the Contractor is not convinced that it will be able to perform the assignment, the Contractor shall inform the Client in writing that a preliminary investigation must first take place before the Contractor can start the actual assignment.

2.4 An agreement is concluded only after the Contractor has confirmed an order in writing, or after the Contractor has commenced performance of the order in whole or in part, with the understanding that any preliminary investigation or preliminary survey forms part of the order.

2.5 If, after the Contractor has issued a quotation to the Client or after the agreement has been concluded, it appears that the information or facts on which the Contractor based the quotation or the conclusion of the agreement do not correspond to reality, the Contractor is entitled to refrain from carrying out the Work or to terminate the agreement with immediate effect. The Contractor shall never be liable to pay any damages or compensation in this respect. If the termination of the agreement is due to the Client or its representative, the Client owes the Contractor a fee equal to the agreed rate.

2.6 If the Client is of the opinion that the assignment has not been confirmed correctly, it must notify the Contractor thereof in writing within two calendar days of the date on which the order confirmation was sent. In the absence of a written response within this period, the Client is deemed to have agreed to the contents of the order confirmation.

2.7 Additional agreements and/or changes desired by the Client are binding only if they have been confirmed in writing by the management and/or employees of the Contractor authorized for that purpose.

2.8 The Contractor is entitled to have Work carried out by third parties under its supervision and to leave the management of parts of this Work to others, without prejudice to the Contractor’s responsibility for proper performance of the assignment.

2.9 When placing the assignment, the Client must provide the Contractor with all information known to it regarding defects and shortcomings, or defects that could reasonably be known to it.

2.10 The Contractor is not liable for defects in its Deliverables arising from defects or shortcomings that are known to the Client or could reasonably be known to it and that have not been communicated to the Contractor.

3.1 The stated prices are exclusive of VAT for business customers and inclusive of VAT for private customers; additional costs are always stated separately in writing.

3.2 For standard services as listed on www.blinqlabdirect.com (and linked sites), the prices and conditions stated there apply. No separate quotation will be issued for these.

3.3 The stated prices are based on prices, wages and levies applicable at the time of the offer. Unless agreed otherwise in writing in a separate agreement, the Contractor is entitled to pass on changes in insurance premiums, tax burdens, social insurance contributions and other government imposed or to be imposed levies up to the moment the agreement is concluded.

3.4 The Contractor is entitled to increase prices annually by a percentage equal to the CPI as determined by Statistics Netherlands (CBS). This also applies to contract prices with the Client.

3.5 If the Contractor must carry out Work relating to an Object that forms part of a larger whole, the Client will indicate in advance to which building parts the Work relates. In such situations the Contractor reserves the right to invoice any additional costs.

3.6 The Client may cancel the assignment free of charge on working days up to 48 hours before an appointment for a Survey/Recording. In case of cancellation after this period, the Client owes a fee equal to the agreed rate.

3.7 Costs of additions and/or changes to the agreement desired by the Client after the agreement has been concluded are for the account of the Client.

4.1 Collecting and returning keys will take place only in cases of utmost necessity and solely at the prior request of the Client and/or its representative, provided this does not require a travel time of more than 10 minutes from the Object. The Contractor is entitled to charge a fee to be agreed in advance for this. In such situations the Contractor is indemnified against all liability and damages of whatever nature and arising from whatever cause. The Contractor may require the Client to sign a key declaration.

5.1 Unless agreed otherwise in writing, all payments must be made, without any discount or set off, within 14 days after the invoice date to a bank account designated by the Contractor.

5.2 After expiry of the aforementioned period, the Client will be in default by operation of law.

5.3 From the date the Client is in default (the due date of the invoice), the Contractor may claim:
• statutory interest (or an interest percentage determined by the Contractor) from the due date until full payment;
• (if the Client is a consumer) extrajudicial costs in accordance with the “Decree on Compensation for Extrajudicial Collection Costs” as referred to in Article 6:96(4) of the Dutch Civil Code. These costs will be increased by any VAT due thereon (depending on whether the Client can offset VAT);
• (if the Client is a legal entity or a natural person acting in the course of a profession or business): extrajudicial costs amounting to 15% of the principal sum due, with a minimum of €40.00.

6.1 Until such time as the Client has fulfilled all its payment obligations, ownership of the Deliverables supplied remains with the Contractor.

6.2 The Client is prohibited from making the Deliverables supplied by the Contractor available to third parties for inspection or transferring them in any form, unless the Client has complied with all its payment obligations within the set time limits.

6.3 If the Client has not complied with its payment obligations, not in time or not properly, but nevertheless has transferred the Deliverables supplied by the Contractor to third parties, the Client owes the Contractor, without any notice of default being required, an immediately due penalty of €5,000.00, without prejudice to the Client’s obligation to pay the entire invoice amount.

7.1 All copyrights and other intellectual property rights relating to the Deliverables produced by the Contractor vest in the Contractor.

7.2 The Contractor has the right to provide the Deliverables produced by it to third parties.

8.1 The agreement concluded between the Client and the Contractor is deemed to have ended on the date on which the Client is declared bankrupt, a suspension of payments is granted to the Client, or the statutory debt restructuring scheme becomes applicable to the Client.

8.2 If the Client fails to fulfil the obligations arising from the agreement concluded with the Contractor, not properly or not in time, including the case in which the Client refuses to accept the Deliverables or a payment is not made at the agreed time, the Contractor is entitled, without notice of default and without judicial intervention being required, to dissolve the agreement concluded with the Client, without prejudice to the Contractor’s claims to the agreed fee and compensation for damage and interest. All claims, whether or not invoiced, will become immediately due as a result of the dissolution, without prejudice to the parties’ right to claim damages.

8.3 If the circumstances referred to in this article occur, the Contractor is also entitled to dissolve other ongoing agreements with the Client, insofar as these have not yet been performed, without judicial intervention and to claim compensation for damage and interest.

9.1 If performance of the agreement or assignment is not possible due to a non attributable failure of either party and the resulting delay is expected to last longer than one week, each party may, after mutual consultation, terminate the agreement without being liable to pay any compensation to the other party.

9.2 A non attributable failure as referred to in the first paragraph includes: any event or circumstance – even if foreseeable at the time of concluding the agreement or giving the assignment – that makes delivery difficult or impossible, or has such an influence on the Work carried out by the Contractor that performance by the Contractor becomes so costly or economically burdensome that the (further) performance of the agreement or assignment under the same conditions cannot reasonably be required from the Contractor.

10.1 The Client must notify the Contractor in writing and in detail of any complaints regarding performance of its assignment and/or any liability for damage incurred, no later than 14 days after performance of the assignment, or within 14 days after the shortcoming or damage could reasonably have been discovered by the Client. In any case, a limitation period of six months after completion of the Work or issue of the Deliverables by the Contractor applies.

10.2 Complaints or liability claims will be handled only if the Client has met its payment obligations in time. Submitting complaints does not release the Client from its payment obligations to the Contractor.

10.3 Handling a complaint or liability claim does not imply acknowledgement of a shortcoming, defect or damage, nor of liability of any kind or cause whatsoever.

10.4 Complaints or liability claims received by the Contractor after the validity period stated in the relevant Deliverables are excluded from re survey or compensation.

10.5 Complaints relating to the Contractor’s invoices must be received by the Contractor as soon as possible, but in any event within 2 weeks after the invoice date, by registered letter.

11.1 Except in cases of intent or deliberate recklessness, the Contractor’s liability towards the Client for damage, whether direct or indirect, suffered in any manner whatsoever as a result of non performance, late performance or improper performance of the agreement concluded between the parties by the Contractor or by third parties engaged by it in that context, is limited to a maximum of €2,500.00. Any other form of compensation, such as consequential damage, indirect damage, damage due to loss of profit or delay damage, is excluded. When it has been established that compensation is payable by the Contractor, a threshold amount for minor defects of €500.00 applies.

11.2 If the Contractor is liable for damage, the Contractor has the right, at its own expense, to limit, undo and/or repair the damage or have this done. The Client is obliged to provide all required cooperation. If the Client has proceeded with repair without having informed the Contractor in writing in advance and/or without having given the Contractor the opportunity to further inspect the defect, the Client forfeits the right to re survey and/or any compensation.

11.3 The Contractor is not liable for damage resulting from failure to mention such parts or defects correctly by the owner, user or real estate agent or third party engaged by the Client, damage resulting from incorrectly stating circumstances, damage resulting from statutory regulations or other government issued rules and damage resulting from rising or penetrating damp.

11.4 The Contractor is not liable for damage arising as a result of information provided to the Contractor by third parties and subsequently included by the Contractor in its Deliverables. The Contractor will explicitly indicate in the Deliverables which information has been supplied by third parties.

11.5 The Client indemnifies the Contractor against all damage that the Contractor may suffer as a result of claims by third parties for compensation, insofar as the Contractor is not liable towards the Client for such damage, as well as if such damage has arisen due to incompetent use and/or incompetent application and/or failure to act in accordance with the instructions or advice stated in the Deliverables.

11.6 If the Contractor mediates between the Client and third parties for Work arising from the inspection performed by the Contractor, the Contractor accepts no liability whatsoever for such Work.

11.7 The Contractor is not liable for matters that the Contractor has not recorded and/or that the Contractor has stated in the Deliverables as not having been recorded, with written mention of the reason why this was omitted.

11.8 When determining the amount of any compensation payable, the age and the structural condition of the Object or the part on which the damage occurred will be taken into account.

12.1 In accordance with Articles 10 and 11, the Client must immediately notify the Contractor in writing of attributable shortcomings of the Contractor. The Client must bring any claims before a court within one year after such notice of default (or within one year after the notice of default should have been given), failing which the right to claim will lapse.

13.1 It is possible that, in the context of an agreement concluded with the Client, hereinafter referred to as “the Assignment”, the Contractor processes personal data of the Client within the meaning of the General Data Protection Regulation (“GDPR”). These personal data will be processed in accordance with the Contractor’s Privacy Statement and Processing Agreement and applicable laws and regulations, including the GDPR.

14.1 All agreements to be concluded by the Contractor are governed by Dutch law.

14.2 Dutch law applies to the agreement between the Contractor and the Client. In all disputes for which the ordinary court has jurisdiction and for which this choice of forum can be validly made, such disputes will be settled by the District Court of Amsterdam.

14.3 These general terms and conditions, v2026, have been filed with the Chamber of Commerce in Amsterdam.

Client
The Client is the party that instructs the Contractor to perform work.

Contractor
The Contractor is the private limited liability company By Proxy B.V., trading as Blinqlab Direct.

It is possible that, in the context of an agreement concluded with the Client, hereinafter referred to as “the Assignment”, the Contractor processes personal data of the Client within the meaning of the GDPR. These personal data will be processed in accordance with the

Contractor’s Privacy Statement and applicable laws and regulations, including the GDPR.

The Privacy Statement is available on the Contractor’s website and can be sent free of charge upon request. This privacy statement states, among other things, which data the Contractor collects and processes, as well as the purposes of the processing.

The Contractor takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

The employees of the Contractor are obliged in their employment agreements to keep personal data confidential.

If a personal data breach occurs, everything will be reported in accordance with the prescribed regulations.

The personal data are shared with third parties only if and insofar as this is necessary to perform the assignment.