General Terms and Conditions Global Energy Label
These general terms and conditions apply to all offers, services, agreements and other legal relationships between Global Energy Label, established in the Netherlands and reachable via info@globalenergylabel.com (hereinafter: “Global Energy Label”), and its customers (hereinafter: “Client”), unless expressly agreed otherwise in writing.
1. Scope of application
1.1 These general terms and conditions apply to all quotations, offers, assignments, agreements and other (pre-)contractual relationships whereby Global Energy Label provides energy labels and related services for residential and commercial buildings within Europe.
1.2 Deviations from and additions to these general terms and conditions are only valid if they have been expressly accepted in writing by Global Energy Label. Any (purchasing) conditions of the Client are expressly rejected.
1.3 If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions shall remain in full force and effect. Global Energy Label and the Client shall then consult with each other in order to agree on a new provision to replace the null and void or annulled provision, whereby the purpose and intent of the original provision shall be observed as much as possible.
2. Offer and agreement
2.1 All offers and quotations of Global Energy Label are without obligation, unless expressly stated otherwise in the offer. An offer is valid for the period indicated in the offer. In the absence of such a period, the offer is valid for 30 days.
2.2 An agreement is concluded at the moment the Client accepts the offer of Global Energy Label electronically, in writing, or in another manner expressly accepted by Global Energy Label, or as soon as Global Energy Label actually starts executing the assignment.
2.3 Global Energy Label is entitled, without stating reasons, to refuse an assignment or request from a (potential) Client or to impose additional conditions before accepting the assignment.
2.4 The Client warrants that all data, documents and information provided by or on behalf of the Client that are necessary for the performance of the assignment are correct, complete and up to date. In performing the agreement, Global Energy Label may rely on the accuracy and completeness of this information.
3. Services and partner network
3.1 Global Energy Label provides certified energy labels for residential and commercial buildings, as well as related services such as advice and guidance in the field of energy performance and sustainability.
3.2 Global Energy Label works with a network of carefully selected and certified partners and experts (hereinafter: “Partners”) for the inspection and assessment of properties. These Partners may carry out work in their own name or in the name of Global Energy Label.
3.3 Insofar as Partners provide services to the Client, Global Energy Label will, where possible, monitor the quality and compliance with relevant laws and regulations, including national and European provisions regarding energy labels. However, Global Energy Label is not liable for the conduct of Partners, except in the event of intent or wilful recklessness on the part of Global Energy Label.
3.4 The Client agrees that Global Energy Label may have the assignment carried out in whole or in part by its Partners. This does not affect the Client’s responsibility to provide correct and complete information.
4. Delivery and deadlines
4.1 After a complete assignment has been issued and accepted by Global Energy Label and after the necessary data and access to the property have been provided by the Client, Global Energy Label applies as a standard delivery period that the energy label will be delivered within 5 (five) working days.
4.2 If the Client opts for an urgent assignment and Global Energy Label has expressly confirmed this urgent assignment, Global Energy Label will make every effort to deliver the energy label within 48 (forty-eight) hours after the inspection or after receipt of all required data.
4.3 All (delivery) periods are by their nature target or indicative periods and not strict deadlines, unless expressly agreed otherwise in writing. Exceeding a period does not entitle the Client to compensation or dissolution of the agreement, unless the exceedance is such that the Client cannot reasonably be expected to maintain the agreement. In that case, the Client is entitled to dissolve the agreement to the extent strictly necessary.
4.4 Delivery usually takes place electronically, by sending the energy label and/or the accompanying report by e-mail or via a digital portal. The Client is responsible for timely checking of their (spam) mailbox and digital accounts.
4.5 If delivery is delayed because the Client does not fulfil their obligations, including (but not limited to) not providing correct and complete information, not providing access to the property in time, or not following instructions from Global Energy Label or its Partners, Global Energy Label is entitled to suspend delivery and charge any additional costs to the Client.
5. Prices and payment
5.1 All rates and prices applied by Global Energy Label are stated in euros and are exclusive of VAT and any other government-imposed charges, unless expressly stated otherwise.
5.2 Global Energy Label is entitled to change its prices and rates, for example in the event of changes in the cost structure, laws and regulations or market conditions. A price change has no retroactive effect on agreements already concluded, unless expressly agreed otherwise.
5.3 Payment must be made within the term stated on the invoice and in the manner indicated there. In the absence of a specified term, a payment term of 14 (fourteen) days after the invoice date applies.
5.4 Global Energy Label may require advance payment, for example in the case of private Clients or urgent assignments. In that case, Global Energy Label will not commence the execution of the work until full payment has been received, unless agreed otherwise in writing.
5.5 If the Client does not pay on time, the Client is in default by operation of law and, without further notice of default, owes the statutory (commercial) interest on the outstanding amount from the due date until the date of full payment.
5.6 All extrajudicial and judicial costs incurred by Global Energy Label in connection with the collection of overdue payments are at the expense of the Client. The extrajudicial collection costs are determined in accordance with the applicable statutory provisions.
5.7 The Client is not entitled to suspend or set off a payment obligation, unless and insofar as a mandatory statutory provision grants the Client that right.
6. Obligations of the Client
6.1 The Client shall ensure that all data, documents and other information necessary for the execution of the assignment are provided on time, in full, and in the form desired by Global Energy Label.
6.2 The Client shall ensure that Global Energy Label and/or its Partners are given timely access to the property and the relevant areas, and that the inspection can take place safely and without unreasonable hindrance.
6.3 The Client is responsible for the accuracy and completeness of the information provided by the Client and indemnifies Global Energy Label against claims from third parties that are the result of incorrect or incomplete data provided by the Client.
7. Liability
7.1 The total liability of Global Energy Label for an attributable failure in the performance of the agreement or on any other legal basis is limited to compensation for direct damage up to a maximum of the amount of the fee charged and paid by the Client for the relevant assignment (excluding VAT). If the agreement is a continuing performance contract, liability is limited to a maximum of the invoice amount that the Client has paid to Global Energy Label in the last three months prior to the event causing the damage.
7.2 Direct damage shall be understood to mean exclusively: reasonable costs incurred to determine the cause and extent of the damage, reasonable costs incurred to prevent or limit damage and reasonable costs incurred to remedy defective performance, insofar as these can be attributed to Global Energy Label.
7.3 Global Energy Label is not liable for indirect damage, consequential damage, lost profits, missed savings, damage due to business interruption, reputational damage or damage resulting from claims by third parties, except in the case of intent or wilful recklessness on the part of Global Energy Label.
7.4 Global Energy Label is not liable for damage that is (partly) the result of incorrect, incomplete or late information provided by the Client or failure by the Client to follow instructions or advice from Global Energy Label or its Partners.
7.5 The limitations of liability set out in this article do not apply if and insofar as there is liability on the basis of mandatory statutory provisions, including (where applicable) product liability within the meaning of the law.
8. Force majeure
8.1 Global Energy Label is not obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards (force majeure).
8.2 Force majeure includes, among other things: failures in (tele)communication infrastructure, power failures, failures in third-party systems, (cyber) attacks, pandemics, government measures, war, strikes, fire, water damage, natural disasters, the loss of Partners or suppliers and other circumstances over which Global Energy Label has no influence.
8.3 If the force majeure situation lasts longer than 30 (thirty) days, the parties are entitled to terminate the agreement in writing, without the parties being obliged to pay any compensation to each other, without prejudice to the payment obligations for services already provided.
9. Complaints
9.1 The Client is obliged to check the delivered energy labels and other services as soon as possible after delivery. Any visible defects or inaccuracies must be reported to Global Energy Label in writing and with reasons within 14 (fourteen) days after delivery.
9.2 Complaints about invoices must be submitted to Global Energy Label in writing within 14 (fourteen) days after the invoice date.
9.3 Submitting a complaint does not suspend the Client’s payment obligation, unless Global Energy Label expressly indicates otherwise in writing.
9.4 Global Energy Label will handle complaints carefully and within a reasonable period. If a complaint is found to be justified, Global Energy Label will, at its own discretion and within a reasonable period, arrange for repair, replacement or (partial) repayment.
10. Intellectual property
10.1 All intellectual property rights that rest on or arise from the services, reports, advice, documents, websites, software and other materials provided by Global Energy Label are vested in Global Energy Label or its licensors, unless expressly agreed otherwise in writing.
10.2 The Client obtains only a non-exclusive, non-transferable and non-sublicensable right of use, insofar as this is necessary for the use of the relevant energy label and/or the associated reports within the Client’s own organization and for the purposes for which they have been provided.
10.3 The Client is not permitted, without prior written permission from Global Energy Label, to reproduce, publish or exploit the documents, reports, systems or other materials provided by Global Energy Label, other than insofar as permitted under mandatory law.
11. Privacy and data protection
11.1 In the performance of its services, Global Energy Label processes personal data of the Client and, where applicable, of other data subjects. Global Energy Label does this in accordance with the applicable privacy legislation, including the General Data Protection Regulation (GDPR).
11.2 Further information on how Global Energy Label handles personal data, what rights data subjects have and how they can exercise these rights is included in the privacy statement on Global Energy Label’s website (globalenergylabel.com).
12. Term and termination
12.1 An agreement between Global Energy Label and the Client is entered into for the duration of the assignment, unless the parties have expressly agreed on a different term.
12.2 The parties may terminate an agreement that by its nature and content does not concern a one-off assignment (for example, a framework agreement) in writing with due observance of a notice period of one month, unless agreed otherwise in writing.
12.3 Global Energy Label is entitled to terminate the agreement in whole or in part with immediate effect or to suspend it, without being liable for any compensation, if the Client fails imputably to comply with its obligations, is declared bankrupt, applies for a suspension of payments, is placed under guardianship or administration, or otherwise loses free control over its assets.
13. Applicable law and competent court
13.1 All offers, quotations, agreements and other legal relationships between Global Energy Label and the Client are governed exclusively by Dutch law.
13.2 Disputes arising from or related to the agreement or these general terms and conditions will in the first instance be submitted exclusively to the competent court in the district in which Global Energy Label has its statutory seat, unless mandatory statutory provisions designate another court as competent.
14. Final provisions
14.1 Global Energy Label is entitled to unilaterally amend or supplement these general terms and conditions. The amended terms and conditions will enter into force on the announced date. Global Energy Label will publish the most recent version of the general terms and conditions on its website (globalenergylabel.com).
14.2 If Global Energy Label does not always require strict compliance with these general terms and conditions, this does not mean that the provisions do not apply or that Global Energy Label would lose the right to require strict compliance in future, whether or not similar, cases.
14.3 These general terms and conditions are drawn up in the Dutch language. If a translation is provided, the Dutch text shall prevail in the event of any discrepancies.
Global Energy Label 