Definitions
In these terms, the following definitions apply:
General Terms and Conditions: these general terms and conditions;
ChargeBlock/seller: ChargeBlock, established in (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): activities that ChargeBlock performs or has performed, usually in combination with or as a result of one or more of its Products, including 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) will be performed, to assess its suitability before actual performance begins.
Applicability
These General 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 performance of the Agreement may also invoke these General Terms and Conditions, to the exclusion of Section 6:254 of the Dutch Civil Code.
Derogations from these General Terms and Conditions apply only insofar as they have been expressly agreed in writing and the relevant derogation does not conflict with any laws and/or regulations.
The Customer's general terms and conditions are expressly rejected.
In the event that, in addition to these general terms and conditions, specific product or service terms also apply (for example, from suppliers or installers) and conflicting general terms and conditions exist, the Customer may always rely on the applicable provision that is most favorable to them.
Insofar as one or more provisions in the Agreement or General Terms and Conditions are, at any time, wholly or partially null and void or are annulled, this does not affect the validity of the remaining provisions. In that case, the invalid provision will, by mutual consultation, be replaced as soon as possible in accordance with the purpose and intent of the Agreement or General Terms and Conditions, in such a way that the new provision has the same intent as the invalid provision.
Offer and Agreement
Every offer, whether in the form of a quotation or otherwise, is non-binding and valid for a maximum of 2 weeks, unless ChargeBlock has indicated otherwise in writing.
The Agreement is concluded at the moment the Customer has accepted the offer electronically. ChargeBlock will promptly confirm 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 prior to performance, at the Customer’s expense.
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, the price may be based on cost-plus work (hourly rates, unit prices of required materials, mark-up, etc.) or a contract sum (fixed price). The offer may also include provisional sums. The stated prices are itemized including VAT.
All information provided by ChargeBlock, including but not limited to yields, weight, dimensions, quotations, images, colors, efficiencies, payback periods, materials and/or other specifications of the Products and/or Services, is non-binding. No rights can be derived from this information. Any deviation does not result in a failure by ChargeBlock to perform. Obvious mistakes and/or obvious clerical errors also do not. Information and/or advice provided by ChargeBlock on the basis of (incorrect) information provided by the Customer never results in a failure by ChargeBlock to perform. 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 when ChargeBlock, or a third party on behalf of ChargeBlock, has started its performance.
An Agreement for the performance of Services, whether or not in combination with the purchase of Product(s) by the Customer, is concluded subject to the resolutory conditions that:
the Customer has answered all questions truthfully, withholds no information, and provides ChargeBlock with the information required for the performance of the Agreement;
the designated location where the Services must be performed is suitable for performing the Agreement, unless the parties agree that making the designated location suitable is also part of the Agreement; Every Agreement is entered into subject to the suspensive condition of sufficient availability of the relevant Products.
If the Agreement (also) relates to the performance of Service(s), it is entered into subject to the suspensive condition that the Preliminary Inspection shows that performance of the Agreement is considered possible.
ChargeBlock is entitled to engage third parties in the performance of the Agreement, or to have an Agreement performed by a third party.
If the Customer consists of multiple legal entities and/or individuals, each of them is jointly and severally liable for the obligations under the Agreement and these General Terms and Conditions.
Withdrawal
A Consumer may terminate the Agreement during a 14-day cooling-off period without stating reasons. The cooling-off period starts on the day after the Product has been delivered or the day after the Agreement relating to the Service has been concluded.
During the cooling-off period, the Consumer shall handle the Product and the packaging with care. He shall only unpack or use the Product to the extent necessary to determine the nature, characteristics, and operation 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 shop.
If the Consumer wishes to exercise his right of withdrawal, he is required to notify ChargeBlock of this within the cooling-off period, using the model form (Annex). The Consumer shall then return the Product, including all supplied accessories, to ChargeBlock within 14 days in its original condition and packaging, in accordance with the instructions provided by ChargeBlock.
Costs for exercising the right of withdrawal, such as return shipping, are borne by the Consumer, unless agreed otherwise in writing.
After receiving returned Product(s), ChargeBlock aims to refund the purchase amount within 14 days, provided the Product(s) are in undamaged condition.
The Consumer is only liable for any diminished value of the Product(s) resulting from use that goes beyond what is necessary to determine the nature, characteristics, and operation 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 personal in nature.
If ChargeBlock and the Consumer agree that delivery of Service(s) takes place before the cooling-off period has expired, the Consumer expressly waives his right of withdrawal.
Pricing 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 during the performance of Services that ChargeBlock could not reasonably have foreseen in advance. If ChargeBlock is of the opinion that additional work is involved, these Services will, after consultation with the Customer, be performed and charged to the Customer.
In the event of an increase in cost-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, whereby the Customer then has the right to terminate the Agreement on that basis.
All prices are subject to printing errors. No liability is accepted for the consequences thereof. ChargeBlock is then not obliged to deliver the product at the incorrect price.
The Customer is obliged to report inaccuracies in provided or stated payment details to ChargeBlock without delay.
Unless otherwise stated in the Agreement, payment must be made within 14 days after receipt of the invoice. ChargeBlock may require an advance payment before proceeding with performance of the Agreement.
If payment is not made, the Customer is in default by operation of law and statutory (commercial) interest is due on the outstanding amount. All judicial and extrajudicial (collection) costs related to collection of the claim shall be borne by the Customer. These (collection) costs are due without further notice of default.
ChargeBlock is entitled to suspend performance of its obligations under the Agreement until the Customer has fulfilled all of his (due and payable) obligations under the Agreement and the General Terms and Conditions. This is without prejudice to the exercise of other rights to which ChargeBlock is entitled under the law or the Agreement and General Terms and Conditions.
Without ChargeBlock's written consent, the Customer is not entitled to suspend and/or set off payment obligation(s) 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 its costs to ChargeBlock, unless agreed otherwise in writing.
Payment of the purchase price must be made in the agreed instalments as described in the purchase agreement, unless agreed otherwise in writing. If 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, up to 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 shall perform the Agreement to the best of its knowledge.
Before commencement of the Service(s), the Customer must, at its own expense and risk, ensure the necessary preparations are made. The work will take place from Monday through Friday between 07:00 and 18:00. Materials may be safely stored on the client’s premises one week prior to installation. The installation location must be free of obstacles and delivered clean.
In addition, the Customer is responsible for obtaining any required permits, providing a functioning internet connection, and providing a power connection at the location. If additional provisions are necessary for the performance of the Service(s), the Customer must arrange these in a timely manner. The offer is based on the assumption that no soil investigation is required; the soil must be clean and suitable for maintenance.
If the previous paragraph has not been complied with, or has not been complied with sufficiently, a new appointment will be made for performance of the Services, which will be charged to the Customer as additional work. ChargeBlock is also entitled to make the necessary adjustments to the location and charge these to the Customer as additional work.
ChargeBlock and the Customer will jointly schedule a time for performance of the Services.
ChargeBlock is not liable for any damage suffered by the Customer as a result of being unable to perform the Agreement (within the stated period). ChargeBlock is not liable to the Customer for reimbursement of taken leave days, lost profit, or other direct or indirect damage.
If an appointment for performance of the Service(s) or Pre-inspection cannot proceed, a new appointment will be scheduled in consultation. If the Customer cancels within 48 hours before the scheduled appointment for performance of the Services, ChargeBlock is entitled to charge additional work.
If, during performance, changes to execution of the Agreement become necessary, whether or not at the request of the Customer, ChargeBlock will make the necessary adjustments on the Customer’s instructions, whereby ChargeBlock is entitled to charge additional work.
All services of ChargeBlock are performed on the basis of a best-efforts obligation, unless explicitly and unambiguously agreed otherwise. This also applies insofar as a plan of approach/schedule/delivery time has been agreed. The included periods are explicitly not strict deadlines.
The Customer will not hack (or attempt to hack) ChargeBlock software and is not entitled to reproduce, copy, duplicate, or resell (parts of) the software without ChargeBlock’s permission.
ChargeBlock reserves the right to temporarily take servers or software out of service for maintenance, modification, or improvement of ChargeBlock’s (computer) systems, without being liable to the Customer for any compensation as a result. In the event of a malfunction, ChargeBlock is likewise not liable.
Delivery and risk
ChargeBlock is responsible for 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, passes at the moment the Product(s) are under the Customer’s control.
The place of delivery is the address provided by the Customer to ChargeBlock.
ChargeBlock will perform the Agreement with due speed. If delivery and/or performance is delayed, or if an order cannot be performed, or can only be performed in part, the consumer will be notified no later than 30 days after placing the order. ChargeBlock is not liable for damage due to a delay.
If delivery of ordered Product(s) proves impossible, ChargeBlock will make efforts to make a replacement item available, insofar as possible.
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 of or damage to the products passes to the Buyer at the time of delivery, as described in the Agreement. If the Buyer is unable to accept delivery, the risk passes to the Buyer and the Buyer is responsible for storage and insurance costs.
Delivery and Acceptance
The Customer is required to make available a site suitable for transport vehicles and unloading of the Product(s). Materials may be stored at the project location up to one week prior to installation, provided that the Customer provides a suitable and secure storage facility.
During installation, the Customer must provide ChargeBlock and its employees with unrestricted access to the project location.
After delivery of the Product(s), the risk of loss or damage passes to the Customer. ChargeBlock accepts no liability for damage arising after delivery, unless it is demonstrably the result of an attributable shortcoming during transport by ChargeBlock.
Retention of title
The Products supplied by ChargeBlock remain the property of ChargeBlock until the Customer has fulfilled all of its obligations under the Agreement and the General Terms and Conditions, including payment obligations. The Customer is not permitted to dispose of, encumber, or make these goods available for use by 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, encumbrances and limitations.
ChargeBlock only provides a warranty on its Product(s) in accordance with the warranty terms of its supplier and as included in the Agreement.
ChargeBlock provides no warranties for Services performed.
The warranty granted applies only in the event of proper and careful use of the delivered Product(s).
The warranty period commences from the moment the Product is delivered.
The Customer's warranty claims lapse if:
damage and/or defects/failures to the Product(s) have arisen due to overdue maintenance, (normal) wear and tear, neglect, improper use and/or acts by the Customer (whether intentional or not);
damage and/or defects/failures to the Product(s) have arisen due to third parties;
there is discoloration of Product(s), in the case of a home battery;
there is damage and/or defects/failures to the Product(s) and/or parts supplied by third parties;
damage and/or defects/failures caused by external factors including, but not limited to, fire, overload, short circuit, defects in/power outages of the electricity grid, water, defects in the meter cabinet, lightning strike, vandalism, theft, damage caused by animals and/or people, careless use, abnormal testing and contact with chemical substances;
damage and/or defects/failures to the Product(s) have arisen because the Customer has not complied with the obligations under the Agreement and these General Terms and Conditions.
If the Customer successfully invokes the warranty (in a timely manner), the Customer is entitled to repair or replacement, unless otherwise provided in the Agreement. This warranty lapses if ChargeBlock's supplier can no longer provide this. The costs of replacing the Product(s) are not covered by this warranty. In such case, ChargeBlock is entitled to limit itself to reimbursement of the price.
In the event of replacement or repair (of parts), ChargeBlock is entitled to supply a comparable Product/material, without being in default and/or liable for damages.
Buyer is obliged to inspect the delivered products within seven days of receipt. If the products do not conform to the Agreement, Buyer must report this to Seller in writing and with reasons within the inspection period, failing which the right to claim lapses. Non-conformity is accepted only when the products deviate substantially from the specifications described in the Agreement.
Seller provides 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 improper use, wear and tear, or force majeure. The warranty period starts on the delivery date for the battery container and on the commissioning date for the installation.
System Performance Monitoring
ChargeBlock is entitled to remotely monitor the installation's performance. The customer hereby consents to the collection of performance data and will provide all necessary data for monitoring purposes. ChargeBlock will periodically report to the customer on system performance and will inform the customer of any necessary maintenance work.
Complaints & liability
The Customer is required to inspect each delivery within 48 hours thereafter.
The Customer is responsible for reporting a complaint, defect, shortcoming, damage and/or invoking warranty(ies). A report in this regard must be submitted to ChargeBlock in writing and as soon as possible, but no later than 8 days after discovery, clearly described and supported by evidence, failing which rights lapse.
ChargeBlock is not liable for damage suffered by the Customer as a result of the Service(s) performed or the use of Product(s), except where a warranty has been provided.
ChargeBlock is not liable for damage during performance 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) damaged by assembly/disassembly/use (to their original condition).
ChargeBlock is not liable for damage arising because the Customer fails to fulfill obligations owed to ChargeBlock, including in any case the obligations arising from the Agreement and these General Terms and Conditions, nor for damage arising 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 of the Product(s).
All liability is limited to amounts that ChargeBlock can claim under the insurance it has taken out.
ChargeBlock is never liable for lost revenue/profit and/or business loss.
ChargeBlock is not liable for consequences in tax and/or energy legislation, as a result of which the yields or the savings from the Product(s) for the Customer are lower than at the time the Agreement was concluded.
ChargeBlock is never liable in the event of force majeure and, as a result, obligations under the Agreement cannot be fulfilled. In that case, ChargeBlock is entitled to suspend performance 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 pay any compensation. Force majeure means: any circumstance independent of ChargeBlock's will - even if it was already foreseeable at the time the Agreement was concluded - that permanently or temporarily prevents or hinders fulfillment of the Agreement.
ChargeBlock may, without judicial intervention, suspend performance of the Agreement or dissolve the Agreement in whole or in part, without owing compensation, if the Customer does not (properly) or not in a timely manner properly or in a timely manner 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 performance of the agreement. Force majeure includes, among other things, natural disasters, strikes, transport impediments, 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 damage, such as loss of profit or loss of business activities, arising from the use or delivery of the products.
The Buyer indemnifies the Seller against all claims by third parties 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 its data with third parties involved in the performance 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/), that 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 secure and responsible manner.
Intellectual property
All information provided by ChargeBlock, including information in offers, quotations, designs, images, drawings, etc., and the related industrial and intellectual property rights or equivalent rights (including copyrights, patent rights, etc.) and know-how, are the property of ChargeBlock.
Without ChargeBlock's written consent, it is prohibited to copy, in whole or in part, provide to third parties, make available for inspection, and/or disclose to third parties the property rights referred to in the previous paragraph in any way.
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 the Seller's prior written consent.
Confidentiality
The Buyer shall not disclose any confidential information provided by the Seller to third parties, unless prior 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 undertake to maintain strict confidentiality with regard to all technical and commercial information shared during the term of the Agreement. Neither party shall disclose this data without the prior written consent of the other party. This also includes technical data, customer information, and performance data.
Final provisions
ChargeBlock is entitled to amend and/or supplement the General Terms and Conditions at any time of its choosing (unilaterally), provided that the amendment takes effect if the Customer has accepted it. If ChargeBlock is required by the authorities to implement changes to the Agreement, you hereby agree to these changes to the Agreement.
ChargeBlock is authorized to transfer its rights and obligations under this Agreement to a third party.
In all cases in which 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 force.
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, that person is granted a period of one month to submit resolution of the dispute to the court competent under the law.
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 not successful, 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 questions?
+31 85 888 4003
duurzaam@chargeblock.nl
