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 arranged by ChargeBlock, usually in connection with or following one or more of its Products, for example but not limited to: assembly, installation, and/or maintenance;
Customer/buyer: the party with whom ChargeBlock has entered into an agreement;
Agreement: any arrangement, made in writing or orally, 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) is to be performed to assess its suitability before proceeding with its execution.
Applicability
These General Terms and Conditions apply to all offers, proposals, 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 General Terms and Conditions, excluding Article 6:254 BW.
Deviations from these General Terms and Conditions are only valid insofar as they have been explicitly and in writing agreed upon and the relevant deviation does not conflict with any laws and/or regulations.
The Customer's general terms and conditions are explicitly rejected.
In the event that, in addition to these general terms and conditions, specific product or service conditions are applicable (for example, from suppliers or installers) and there is a conflict between the general terms and conditions, the Customer can always invoke the applicable provision that is most favorable to them.
To the extent that one or more provisions in the Agreement or General Terms and Conditions are at any time wholly or partially invalid or annulled, this does not affect the validity of the other provisions. In such a case, the invalid provision will be promptly replaced in mutual consultation, in accordance with the purpose and intent of the Agreement or General Terms and Conditions, in such a way that the new provision corresponds in scope to the invalid provision.
Offer and Agreement
Any offer, in the form of a quotation or otherwise, is non-binding and valid for a maximum of 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 acceptance of the offer.
In the case of Services to be performed by or on behalf of ChargeBlock, a Preliminary Inspection must take place at the expense of the Customer before execution.
In the case of Services to be performed by or on behalf of ChargeBlock, whether or not in combination with the purchase of Product(s) by the Customer, it may be based on a cost-plus basis (hourly rates, unit prices for necessary materials, storage, etc.) or contract price (fixed price). The offer may also contain provisional sums. The included prices are specified with VAT.
All information provided by ChargeBlock, including but not limited to, revenues, weight, dimensions, quotations, images, colors, yields, payback periods, materials, and/or other descriptions of the Products and/or Services, is non-binding. No rights can be derived from this data. A deviation from this does not lead to a default by ChargeBlock. Apparent mistakes and/or obvious (writing) errors likewise. Information and/or advice provided by ChargeBlock based on (incorrect) information provided by the Customer will never lead to a default 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 its execution.
An Agreement for the provision of Services, whether or not in combination with the purchase of Product(s) by the Customer, is concluded under the dissolving conditions that:
the Customer has answered all questions truthfully, does not withhold information, and provides 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 part of the Agreement; Every Agreement is entered into under the suspensive condition of sufficient availability of the relevant Products.
If the Agreement (also) involves the execution of Service(s), then it is entered into under the suspensive condition that the Preliminary Inspection indicates that the 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 (legal) persons, they are each jointly and severally liable for the obligations under the Agreement and these General Terms and Conditions.
Revocation
A Consumer can terminate the Agreement within a reflection period of 14 days without giving reasons. The reflection period starts the day after the Product is delivered or the day after the Agreement regarding the Service is concluded.
During the reflection period, the Consumer will handle the Product and packaging with care. He will only unpack or use the Product to the extent necessary to assess 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 within the reflection period, via the model form (Annex). The Consumer will then return the Product with all supplied accessories in the original condition and packaging to ChargeBlock within 14 days, in accordance with the instructions provided by ChargeBlock.
Costs for exercising the right of withdrawal, such as for returning, are borne by the Consumer, unless otherwise agreed in writing.
Upon receipt of the returned Product(s), ChargeBlock strives for a refund of the purchase amount within 14 days, provided the Product(s) are in an undamaged state.
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 are created by the entrepreneur according to Consumer's specifications; that are clearly personal in nature.
If ChargeBlock and the Consumer agree that the Service(s) are delivered before the reflection 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 the offer from ChargeBlock and set out in the Agreement.
Circumstances may arise during the execution of Services that ChargeBlock could not foresee beforehand. If ChargeBlock believes that additional work is required, these Services will be carried out after consultation with the Customer and will be charged to the Customer.
In the event of an increase in price-determining components after the conclusion of the Agreement, ChargeBlock has the right to increase the agreed price. Adjusted prices will be communicated to the Customer as soon as possible, whereupon the Customer has the right to dissolve the Agreement based on this.
All prices are subject to typographical errors. No liability is accepted for the consequences thereof. ChargeBlock is not obliged to supply the product at the incorrect price.
The Customer is obliged to promptly report any inaccuracies in the provided or mentioned (payment) data 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 account of the Customer. These (collection) costs are payable without further notice.
ChargeBlock is entitled to suspend the performance of its obligations under the Agreement until the Customer has fulfilled all of his (collectible) obligations under the Agreement and the General Terms and Conditions. This does not affect the exercise of other rights that ChargeBlock is entitled to pursuant to 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 obligations.
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 terms as described in the purchase agreement, unless otherwise agreed in writing. If payment is not made on time, the Buyer is in default by operation of law and is liable to pay 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 arising from the default.
Execution Agreement
ChargeBlock will execute the Agreement to the best of its ability.
Prior to the commencement of the Service(s), the Client must make the necessary preparations at their own expense and risk. The work will take place from Monday to Friday between 07:00 and 18:00. Materials can be safely stored on the client's premises one week before installation. The installation location must be free of obstacles and delivered clean.
Additionally, the Client is responsible for obtaining any necessary permits, providing a working internet connection, and providing an electrical connection at the location. If additional provisions are necessary for the performance of the Service(s), the Client must arrange these in a timely manner. The offer assumes that no ground investigation is necessary; the ground must be clean and suitable for maintenance.
If the previous article clause has not been followed or not followed sufficiently, a new appointment will be made for the performance of the Services, which will be charged to the Client as additional work. ChargeBlock is also entitled to make the necessary adjustments to the location and charge the Client for additional work.
ChargeBlock and the Client will jointly schedule a time for the performance of the Services.
ChargeBlock is not liable for any damage suffered by the Client as a result of not being able to execute the Agreement (within the time frame). ChargeBlock is not liable to the Client for compensation for taken leave days, lost profits, or other (in)direct damages.
If an appointment for the performance of the Service(s) or Pre-inspection cannot take place, a new appointment will be scheduled in consultation. If the Client cancels within 48 hours before the scheduled appointment for the performance of the Services, ChargeBlock is entitled to charge additional work.
When changes in the execution of the Agreement become necessary in the interim, whether or not at the request of the Client, ChargeBlock will make the necessary adjustments on the Client's behalf, and ChargeBlock is entitled to charge additional work.
All services of ChargeBlock are performed based on a best-effort obligation unless explicitly and unambiguously agreed otherwise. This also applies insofar as an action plan/time schedule/delivery time has been agreed upon. The specified time periods are explicitly not fatal deadlines.
The Client shall 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 disable servers or software for maintenance, modification, or improvement of ChargeBlock's (computer) systems, without being liable for any compensation to the Client as a consequence. 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 them, transfers at the moment the Product(s) come into the possession of the Customer.
The delivery address is the address provided by the Customer to ChargeBlock.
ChargeBlock will execute the Agreement with all due speed. If delivery and/or execution is delayed or if an order cannot be executed, or only partially, the consumer will be informed no later than 30 days after placing the order. ChargeBlock is not liable for damages due to any delay.
If the delivery of ordered Product(s) proves impossible, ChargeBlock will endeavor to make an alternative item available – to the extent possible.
The delivery of the products takes place at the location designated by the Buyer, or, if no location is specified, at the Buyer's address. The risk of loss or damage to the products transfers to the Buyer at the moment of delivery, as described in the Agreement. If the Buyer is unable to accept delivery, the risk transfers to the Buyer and the Buyer is responsible for the costs of storage and insurance.
Delivery and Acceptance
The Customer is required to provide a site that is suitable for transport vehicles and the unloading of the Product(s). Materials can be stored at the project location up to one week before installation, provided the Customer offers an appropriate and secure storage facility.
During 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 damages incurred after delivery, unless these are demonstrably the result of a attributable failure during transport by ChargeBlock.
Retention of Title
The Products supplied by ChargeBlock remain the property of ChargeBlock until the Customer has fulfilled all his obligations, including payment obligations, from the Agreement and General Terms and Conditions. The Customer is not permitted to alienate, encumber, or lend these goods to third parties. The Customer is liable for any damage to the Product from the delivery date onward.
Warranty
The Customer accepts that Product(s) are sold and/or processed with all known, unknown, visible and invisible, actual 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 included in the Agreement.
ChargeBlock does not provide any warranty for Service(s) performed.
The granted warranty only applies with correct and careful use of the delivered Product(s).
The warranty period starts from the moment the Product is delivered.
The Customer's claims to the warranty will expire if:
damage and/or defects to the Product(s) have occurred due to lack of maintenance, (normal) wear and tear, neglect, improper use and/or actions by the Customer (whether intentional or not);
damage and/or defects to the Product(s) caused by third parties;
there is discoloration of Product(s) in case of a home battery;
there is damage and/or defects to the Product(s) and/or parts supplied by third parties;
damage and/or defects caused by external factors including, but not limited to, fire, overload, short circuit, failures in/outage 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;
damage and/or defects to the Product(s) caused by the Customer failing to comply with the obligations of the Agreement and these General Terms and Conditions.
If the Customer successfully makes a (timely) claim to 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 provide it. The costs for replacing the Product(s) are not covered by this warranty. ChargeBlock is entitled, in such cases, to suffice with a refund of the price.
ChargeBlock is entitled to deliver a similar Product/material upon replacement or repair (of components) without being in default and/or 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 within the inspection period to the Seller, failing which the right to claim will be forfeited. 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, excluding damage caused by misuse, wear and tear, or force majeure. The warranty period begins on the delivery date for the battery container and on the commissioning date 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 make all necessary data available for monitoring purposes. ChargeBlock will periodically report to the customer on the performance of the system and will notify the customer of any necessary maintenance work.
Complaints & Liability
The Customer is required to check every delivery within 48 hours thereafter.
The Customer is responsible for reporting a complaint, defect, shortcoming, damage, and/or a claim on warranty(s). Such a report must be made in writing and as soon as possible, but no later than 8 days after discovery, clearly described and accompanied by evidence to ChargeBlock, under penalty of forfeiture.
ChargeBlock is not liable for damages suffered by the Customer as a result of the Service(s) provided or the use of Product(s), except for what warranty has been provided.
ChargeBlock is not liable for damage during the execution of the Service(s), such as 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 caused because the Customer defaults on obligations he has towards ChargeBlock, including but not limited to the obligations arising from the Agreement and these General Terms and Conditions, or the damage caused because the Customer has provided incorrect information.
ChargeBlock is not liable for damage as a result of improper use of Product(s), for example, but not limited to, overloading the Product(s).
All liability is limited to amounts that ChargeBlock can claim under the insurance policy it has taken out.
ChargeBlock is never liable for lost income/profit and/or business damage.
ChargeBlock is not liable for the consequences in tax and/or energy legislation, whereby the revenues or savings from the Product(s) for the Customer are lower than at the time of the conclusion of the Agreement.
ChargeBlock is never liable in the event of a force majeure situation, as a result of which the obligations under the Agreement cannot be met. In that case, ChargeBlock is entitled to suspend the execution of the Agreement for the duration of the force majeure or to terminate the Agreement in whole or in part, without ChargeBlock being obliged to pay any compensation. Force majeure is understood to mean: any circumstance independent of ChargeBlock's will – even if it was already foreseeable at the time of the conclusion of the Agreement – which permanently or temporarily prevents or hinders the fulfillment of the Agreement.
ChargeBlock can suspend the execution of the Agreement or terminate the Agreement in whole or in part, without being obliged to pay compensation, if the Customer does not (properly) or not on time fulfill an obligation from the Agreement and/or these General Terms and Conditions.
In case of force majeure, as defined in the Agreement, the Seller may suspend the execution of the agreement. Force majeure includes natural disasters, strikes, transportation obstructions, shortages of raw materials, and government measures. If the force majeure situation lasts longer than 90 days, the Buyer has the right to terminate the Agreement free of charge.
The liability of the Seller 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 damage, such as lost profit or business disruption, arising 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 purposes of executing 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 execution of the Agreement.
ChargeBlock uses 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 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, quotes, designs, images, drawings, etc., and the associated rights of industrial and intellectual property or rights equivalent thereto (including copyrights, patent rights, etc.) and know-how are the property of ChargeBlock.
It is prohibited, without the written consent of ChargeBlock, to copy the proprietary rights mentioned in the previous clause, in any way, in whole or in part, to provide to third parties or to allow them to inspect and/or to communicate the contents to third parties.
The Buyer obtains a non-exclusive, non-transferable license for the use of 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 permission from the Seller.
Confidentiality
The Buyer shall not disclose any confidential information provided by the Seller to third parties, unless written permission from the Seller has been obtained. 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 entitled to change and/or supplement the General Terms and Conditions (unilaterally) at any time it desires, provided that the change takes effect upon acceptance by the Customer. If ChargeBlock is required by the government to implement changes in the Agreement, you hereby agree to these changes in the Agreement.
ChargeBlock is authorized 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 intervention of the court, these General Terms and Conditions shall remain in force.
All legal relationships between ChargeBlock and the Customer are governed by Dutch law.
Disputes between ChargeBlock and the Customer will be exclusively submitted 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 resolution of the dispute to the legally competent court.
This Agreement and all legal relationships between the 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 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
duurzaam@chargeblock.nl
