Definitions
In these terms and conditions, the following definitions apply:
General Terms and Conditions: these general terms and conditions;
ChargeBlock/seller: ChargeBlock, located at (3045 AP) Rotterdam at Rotterdam Airportplein 29, registered in the Trade Register of the Chamber of Commerce under number 87065924,
email address: info@chargeblock.nl
website: www.chargeblock.nl
VAT number: NL864193476B01;
Service(s): work performed or outsourced by ChargeBlock, usually in combination with or as a result of one or more of its Products, for example but not limited to: assembly, installation, and/or maintenance;
Customer/buyer: the person with whom ChargeBlock has entered into an agreement;
Agreement: any arrangement made, in writing or verbally, between ChargeBlock and the Customer;
Product(s): the products supplied by ChargeBlock, as included in the Agreement;
Pre-inspection: an inspection by or on behalf of ChargeBlock of the location where the Service(s) will be performed to assess its suitability before proceeding.
Applicability
These Terms and Conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of ChargeBlock.
Third parties engaged by ChargeBlock in the execution of the Agreement can also invoke these Terms and Conditions, excluding Article 6:254 of the Dutch Civil Code.
Deviations from these Terms and Conditions only apply if they have been expressly and in writing agreed upon and the relevant deviation does not contradict any law and/or regulations.
The Customer's general terms and conditions are expressly rejected.
In the event that, in addition to these terms and conditions, specific product or service conditions also apply (for example from suppliers or installers) and there are conflicting general terms and conditions, the Customer can always rely on the applicable provision that is most favorable to him.
Insofar as one or more provisions in the Agreement or Terms and Conditions are at any time wholly or partially void or nullified, this does not affect the validity of the other provisions. In that case, the invalid provision will be replaced in mutual consultation as soon as possible, in accordance with the purpose and intent of the Agreement or Terms and Conditions, in such a way that the new provision aligns with the scope of the invalid provision.
Offer and Agreement
Any offer, in the form of a quotation or otherwise, is non-binding and valid for up to 2 weeks, unless indicated otherwise in writing by ChargeBlock.
The Agreement is concluded at the moment the Customer has accepted the offer electronically. ChargeBlock promptly confirms the receipt of the acceptance of the offer.
In cases where Services are to be provided by or on behalf of ChargeBlock, a Pre-inspection must take place at the Customer's expense before execution.
In cases where Services are to be provided by or on behalf of ChargeBlock, whether or not combined with the purchase of Product(s) by the Customer, the price may be based on cost-plus (hourly rates, unit prices for necessary materials, storage, etc.) or a fixed price (contract sum). The offer may also contain provisional sums. The listed prices are specified with VAT.
All information provided by ChargeBlock, including but not limited to, revenues, weight, dimensions, quotations, images, colors, yields, payback times, materials, and/or other indications of the Products and/or Services, is non-binding. No rights can be derived from these data. A deviation from these does not lead to a breach of obligation by ChargeBlock. Apparent mistakes and/or apparent (typing) errors neither. Information and/or advice provided by ChargeBlock based on (incorrect) information provided by the Customer shall never lead to a breach by ChargeBlock. ChargeBlock is furthermore free to use other materials at its discretion.
An Agreement is concluded after the Customer has accepted the offer and ChargeBlock has confirmed this in writing, or ChargeBlock, or a third party on behalf of ChargeBlock, has commenced execution.
An Agreement for providing Services, whether or not in combination with the purchase of Product(s) by the Customer, is concluded under the condition subsequent that:
the Customer has answered all questions truthfully, withheld no information, and provided ChargeBlock with information necessary for the execution of the Agreement;
the designated location where the Services are to be performed is suitable for executing the Agreement, unless the parties agree that making the designated location suitable is also a subject of the Agreement. Every Agreement is entered into under the suspensive condition of sufficient availability of the relevant Products.
If the Agreement is (partly) intended for the execution of Service(s), it is entered into under the suspensive condition that the Pre-inspection concludes execution of the Agreement is deemed possible.
ChargeBlock is entitled to engage third parties in the execution of the Agreement or to have an Agreement executed by a third party.
If the Customer consists of multiple entities or persons, they are each jointly and severally liable for the obligations from the Agreement and these General Terms and Conditions.
Revocation
A Consumer can terminate the Agreement without giving any reasons within a 14-day cooling-off period. The cooling-off period starts on the day after the Product is delivered or the day after the Agreement regarding the Service is concluded.
During the cooling-off period, the Consumer will handle the Product and the packaging carefully. He will only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.
If the Consumer wishes to exercise his right of withdrawal, he is obliged to notify ChargeBlock of this within the cooling-off period, via the model form (Appendix). The Consumer will then return the Product along with all delivered accessories in their original condition and packaging to ChargeBlock within 14 days, according to the instructions provided by ChargeBlock.
Costs for exercising the right of withdrawal, such as for returning the product, are borne by the Consumer, unless agreed otherwise in writing.
Upon receipt of returned Product(s), ChargeBlock strives for a refund of the purchase amount within 14 days, provided the Product(s) are in an undamaged condition.
The Consumer is only liable for the depreciation of the Product(s) resulting from use that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
The right of withdrawal is excluded for Products and/or Services: that have been created by the entrepreneur in accordance with the Consumer's specifications; that are clearly of a personal nature.
If ChargeBlock and the Consumer agree that the delivery of Service(s) takes place before the cooling-off period has expired, the Consumer expressly waives his right of withdrawal.
Prices and payment
The price of Product(s) and Service(s), as well as the Pre-inspection, are included in ChargeBlock's offer and laid down in the Agreement.
Circumstances may arise in the performance of Services that ChargeBlock could not have foreseen in advance. If ChargeBlock deems there to be additional work, these Services will be performed after consultation with the Customer and charged to the Customer.
In the event of an increase in cost-determining parts after the conclusion of the Agreement, ChargeBlock has the right to increase the agreed price. The revised prices will be communicated to the Customer as soon as possible, after which the Customer has the right to terminate the Agreement on that basis.
All prices are subject to printing errors. No liability will be accepted for the consequences thereof. ChargeBlock is therefore not obliged to deliver the product at the incorrect price.
The Customer is obliged to promptly report inaccuracies in provided or stated (payment) details to ChargeBlock.
Unless otherwise stated in the Agreement, payment must be made within 14 days of receipt of the invoice. ChargeBlock may require a deposit before proceeding with the execution of the Agreement.
If payment is not made, the Customer is in default by operation of law and owes statutory (commercial) interest on the outstanding amount. All judicial and extrajudicial (collection) costs related to the collection of the claim are for the Customer's account. These (collection) costs are due without further notice.
ChargeBlock is entitled to suspend the fulfillment of its obligations under the Agreement until the Customer has met all his (payable) obligations under the Agreement and the General Terms and Conditions. This does not affect the exercise of other rights that accrue to ChargeBlock under the law or the Agreement and General Terms and Conditions.
Without written permission from ChargeBlock, the Customer is not entitled to suspend and/or offset payment obligations towards ChargeBlock. An appeal to warranty, complaints, and/or other claims does not suspend the Customer's payment obligation(s).
Regardless of the outcome of the Pre-inspection, the Customer is obliged to pay the costs thereof to ChargeBlock, unless otherwise agreed in writing.
The payment of the purchase price must be made in the agreed installments as described in the purchase agreement, unless otherwise agreed in writing. If the payment is not made on time, the Buyer is in default by operation of law and owes interest of 1% per month on the outstanding amount, with a maximum of 10% of the purchase price. The Buyer is also liable for all judicial and extrajudicial costs resulting from the default.
Execution Agreement
ChargeBlock will execute the Agreement to the best of its abilities.
Prior to the start of the Service(s), the Customer must bear the cost and risk of the necessary preparations. The work takes place from Monday to Friday between 07:00 and 18:00 hours. Materials can be safely stored on the site of the client one week prior to installation. The installation site must be free of obstacles and delivered clean.
Furthermore, the Customer is responsible for obtaining any permits, providing a working internet connection, and supplying a power source at the location. If additional provisions are necessary for the execution of the Service(s), the Customer must arrange these in a timely manner. The offer assumes that no soil investigation is needed; the ground must be clean and suitable for maintenance.
If the previous article is not or insufficiently complied with, a new appointment will be made for the execution of the Services, which will be charged to the Customer as additional work. ChargeBlock is also entitled to make necessary adjustments to the location and charge them as additional work to the Customer.
ChargeBlock and the Customer will jointly schedule a time for the execution of the Services.
ChargeBlock is not liable for any damage suffered by the Customer as a result of not being able to execute the Agreement (within the timeframe). ChargeBlock is not liable towards the Customer for compensation of taken leave days, lost profits or other (in)direct damage.
If an appointment for the execution of the Service(s) or Pre-inspection cannot take place, a new appointment will be scheduled in consultation. If the Customer cancels within 48 hours before the planned appointment for the Services, ChargeBlock is entitled to charge additional work.
If in the interim, whether or not at the request of the Customer, changes in the execution of the Agreement become necessary, ChargeBlock makes the necessary adjustments at the request of the Customer, whereby ChargeBlock is entitled to charge additional work.
All services of ChargeBlock are performed based on an effort obligation, unless expressly agreed otherwise. This also applies insofar as an approach plan/timeline/delivery time has been agreed. The recorded terms are explicitly not final deadlines.
The Customer will not (attempt to) hack the software of ChargeBlock and is not entitled to reproduce, copy, duplicate or resell (parts of) the software without permission from ChargeBlock.
ChargeBlock reserves the right to temporarily shut down servers or software for maintenance, adaptation, or improvement of ChargeBlock's (computer) systems, without thereby being liable for any compensation to the Customer. In the event of a malfunction, ChargeBlock is also not liable.
Delivery and risk
ChargeBlock ensures the delivery of Product(s) and Service(s).
The risk of depreciation or loss of the Product(s), regardless of whether a Service is linked to this, transfers at the moment the Product(s) are in the possession of the Customer.
The place of delivery is the address the Customer provided to ChargeBlock.
ChargeBlock shall execute the Agreement with reasonable dispatch. If the delivery and/or execution is delayed or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed no later than 30 days after placing the order. ChargeBlock is not liable for damages due to a delay.
If the delivery of ordered Product(s) proves impossible, ChargeBlock will endeavor to make a replacement item available, as far as possible.
The delivery of the products takes place at the location designated by the Buyer, or, if no location is indicated, at the Buyer's address. The risk of loss or damage to the products transfers to the Buyer at the time of delivery, as described in the Agreement. If the Buyer is unable to accept delivery, the risk transfers to the Buyer who is responsible for storage and insurance costs.
Delivery and Acceptance
The Customer is obliged to provide a site that is suitable for transport vehicles and the unloading of the Product(s). Materials may be stored at the project location up to one week prior to installation, provided the Customer offers a suitable and secure storage option.
During the installation, the Customer must grant ChargeBlock and its employees unrestricted access to the project location.
After delivery of the Product(s), the risk of loss or damage transfers to the Customer. ChargeBlock accepts no liability for damage occurring after delivery, unless it is demonstrably the result of an attributable shortcoming during transport by ChargeBlock.
Retention of Ownership
The Products supplied by ChargeBlock remain the property of ChargeBlock until the Customer has fulfilled all his obligations, including payment obligations, under the Agreement and Terms and Conditions. The Customer is not allowed to dispose of, encumber, or lend out these goods to third parties. The Customer is liable for any damage to the Product from the delivery date.
Warranty
The Customer accepts that Product(s) are sold and/or processed with all known, unknown, visible and invisible, factual and legal defects, charges and limitations.
ChargeBlock only provides a warranty on its Product(s) in accordance with the warranty conditions of its supplier and as stated in the Agreement.
ChargeBlock does not provide warranties for the services performed.
The warranty only applies to correct and careful use of the delivered Product(s).
The warranty period starts from the moment the Product is delivered.
The Customer's claims on the warranty expire if:
damages and/or defects/faults in the Product(s) have arisen due to neglect of maintenance, (normal) wear and tear, negligence, incorrect use and/or actions by the Customer (whether intentional or not);
damages and/or defects/faults in the Product(s) have arisen due to third parties;
there is discoloration of Product(s), in the case of a home battery;
there are damages and/or defects/faults in the Product(s) and/or parts delivered by third parties;
damages and/or defects/faults are caused by external factors including, but not limited to, fire, overload, short circuit, defects on/failure of the electricity network, water, defects in the meter box, lightning strikes, vandalism, theft, damage by animals and/or humans, careless use, abnormal testing, and contact with chemical substances;
damages and/or defects/faults in the Product(s) have arisen because the Customer did not comply with the obligations from the Agreement and these General Terms and Conditions.
If the Customer successfully makes a (timely) claim on the warranty, the Customer is entitled to repair or replacement, unless otherwise stated in the Agreement. This warranty expires if ChargeBlock's supplier can no longer offer it. The costs for replacing the Product(s) do not fall under this warranty. ChargeBlock is entitled to suffice with a refund of the price in the event.
ChargeBlock is entitled, during replacement or repair (of parts) to deliver a comparable Product/material, without failing to perform and/or being liable for damages.
The Buyer is required to inspect the delivered products within seven days of receipt. If the products do not conform to the Agreement, the Buyer must report this in writing and with reasons to the Seller within the inspection period, on penalty of waiver of the right to claim. Non-conformity is only accepted when the products significantly deviate from the specifications described in the Agreement.
The Seller offers a warranty of 10 years on the battery container or 6,000 cycles, whichever period expires first. The warranty on the installation is 12 months after commissioning or 18 months after delivery of the material, whichever period expires first. The warranty covers defects in materials and workmanship, except for damage caused by improper use, wear, or force majeure. The warranty period starts on the date of delivery for the battery container and on the date of commissioning for the installation.
Monitoring of System Performance
ChargeBlock is authorized to remotely monitor the performance of the installation. The customer hereby consents to the collection of performance data and will provide all necessary information for monitoring purposes. ChargeBlock will periodically report to the customer about the system's performance and will inform the customer of any necessary maintenance activities.
Complaints & Liability
The Customer is obliged to check each delivery within 48 hours thereafter.
The Customer is responsible for reporting a complaint, defect, shortcoming, damage, and/or claiming warranty(s). A report in this regard must be made in writing as soon as possible, but no later than 8 days after the discovery, clearly described and accompanied by evidence, to ChargeBlock, under penalty of forfeiture.
ChargeBlock is not liable for any damage suffered by the Customer as a result of the Service(s) performed or the use of Product(s), except for those warranties provided.
ChargeBlock is not liable for damage during the execution of the Service(s), such as, for example, the (dis)assembly of Product(s). ChargeBlock is not obliged to restore walls or other items (including discolorations) that are damaged by assembly/disassembly/use to their original state.
ChargeBlock is not liable for damage arising because the Customer fails to meet the obligations it has towards ChargeBlock, including at least the obligations arising from the Agreement and these General Terms and Conditions, or the damage that arises because the Customer has provided incorrect information.
ChargeBlock is not liable for damage resulting from incorrect use of Product(s), for example, but not limited to, overloading the Product(s).
All liability is limited to amounts that ChargeBlock can claim based on the insurance policy it has taken out.
ChargeBlock is never liable for lost income/profits and/or business damage.
ChargeBlock is not liable for consequences in tax and/or energy legislation, which cause the proceeds or savings from the Product(s) for the Customer to be lower than at the time of the conclusion of the Agreement.
ChargeBlock is never liable in the event of a force majeure situation and, as a result, the obligations under the Agreement cannot be fulfilled. In that case, ChargeBlock is entitled to suspend the execution of the Agreement for the duration of the force majeure or to dissolve the Agreement in whole or in part, without ChargeBlock being obliged to provide any compensation. Force majeure is understood to mean: any circumstance independent of the will of ChargeBlock—even if it was foreseeable at the time of the conclusion of the Agreement—that permanently or temporarily prevents or makes the fulfillment of the Agreement burdensome.
ChargeBlock can, without judicial intervention, suspend the execution of the Agreement or dissolve the Agreement in whole or in part, without being liable for compensation, if the Customer does not (properly) or timely fulfill an obligation under the Agreement and/or these General Terms and Conditions.
In the event of force majeure, as defined in the Agreement, the Seller may suspend the execution of the agreement. Force majeure includes, among others, natural disasters, strikes, transport obstructions, shortages of raw materials, and government measures. If the force majeure situation lasts longer than 90 days, the Buyer has the right to dissolve the Agreement free of charge.
The Seller's liability is limited to the value of the delivered products and the purchase price paid by the Buyer. The Seller is not liable for any consequential damages, such as lost profits or business interruption, resulting from the use or delivery of the products.
The Buyer indemnifies the Seller against all third-party claims arising from improper use, installation, or storage of the products.
Privacy
For the performance of the Agreement, ChargeBlock processes personal data. ChargeBlock's privacy policy can be found on the website.
The Customer grants ChargeBlock permission to share his data with third parties involved in the implementation of the Agreement.
ChargeBlock utilizes external parties for the storage of personal data and other system data. The data is stored with third parties, such as Withthegrid (https://withthegrid.com/) and Accure (https://www.accure.net/), which comply with the applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR). ChargeBlock has contractual agreements with these third parties to ensure that personal data is processed in a safe and responsible manner.
Intellectual Property
All information provided by ChargeBlock, including information in offers, quotations, designs, images, drawings, etc., and the associated rights of industrial and intellectual property or equivalent rights (including copyrights, patent rights, etc.) and know-how are the property of ChargeBlock.
It is prohibited, without written permission from ChargeBlock, to copy, disclose to third parties, or allow third parties to inspect the ownership rights mentioned in the previous paragraph in any way, in whole or in part, or to make any communication about the contents thereof to third parties.
The Buyer obtains a non-exclusive, non-transferable license to use the delivered software and technical designs solely for the purpose for which the products were purchased. The Buyer is not permitted to copy, modify, or distribute the software without prior written consent from the Seller.
Confidentiality
The Buyer shall not disclose any confidential information provided by the Seller to third parties unless written consent has been obtained from the Seller. Confidential information includes, but is not limited to, technical specifications, business strategies, and customer information.
Both parties commit to strict confidentiality regarding all technical and commercial information shared during the term of the Agreement. Neither party shall disclose this data without prior written consent from the other party. This also includes technical data, customer information, and performance data.
Final Provisions
ChargeBlock is authorized to amend and/or supplement the General Terms and Conditions (unilaterally) at any time it desires, provided that the amendment takes effect if the Customer has accepted it. If ChargeBlock is required by the government to make changes to the Agreement, you hereby agree to these changes in the Agreement.
ChargeBlock is entitled to transfer its rights and obligations under this Agreement to a third party.
In all cases where the relationship between ChargeBlock and the Customer ends, pursuant to any provision of these General Terms and Conditions or by court intervention, these General Terms and Conditions remain in effect.
All legal relationships between ChargeBlock and the Customer are governed by Dutch law.
Disputes between ChargeBlock and the Customer will be submitted exclusively to the competent court in the district of The Hague. In the case of a Consumer, they are granted a period of one month to submit the settlement of the dispute to the court competent under the law.
This Agreement and all legal relationships between Parties are governed by Dutch law. All disputes arising from or related to this Agreement will first be attempted to be resolved through mediation. If mediation is unsuccessful, the disputes will be submitted to the competent court in Rotterdam.
Address the agreement to:
ChargeBlock B.V.
Rotterdam Airportplein 29, 3045AP, Rotterdam, Netherlands
support@ChargeBlock.com
Chamber of Commerce number 87065924
VAT number NL864193476B01
Terms and Conditions
Version February 2025
Do you have any questions?
+31 85 888 4003
sustainable@chargeblock.nl