Terms & Conditions Capistone Vastgoed

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Capistone Vastgoed: the contractor/lessor/client of works, active in buying, managing, renting, renovating and making real estate more sustainable.
• Client: the natural person or legal entity entering into an agreement with Capistone Vastgoed, including sellers, tenants, buyers and investors.
• Tenant: the natural person or legal entity entering into a lease agreement with Capistone Vastgoed.
• Subcontractor: any third party performing work on real estate on behalf of Capistone Vastgoed.
• Agreement: any agreement relating to the purchase, sale, rental, management, renovation, maintenance or sustainability improvement of real estate.
• Real estate: all immovable property owned by, managed by, or operated on behalf of Capistone Vastgoed.

Article 2 – Applicability

1. These terms and conditions apply to all offers, agreements and legal relationships involving Capistone Vastgoed.
2. Deviations are only valid if agreed in writing.
3. The other party’s general terms and conditions are expressly excluded.

Article 3 – Formation of agreements

1. All offers and statements are non-binding, unless stated otherwise in writing.
2. An agreement is formed by written confirmation, signing of an agreement, or actual use of real estate or services.

Article 4 – Purchase and sale of real estate

1. Capistone Vastgoed sells real estate in the condition it is in at the time of delivery (“as is, where is”), subject to mandatory statutory provisions.
2. Any defects that are known or reasonably could have been known are at the buyer’s expense and risk.
3. Capistone Vastgoed is not liable for hidden defects, unless there is intent or wilful recklessness.

Article 5 – Renovation, maintenance and sustainability improvements

1. Capistone Vastgoed is entitled to have work performed in whole or in part by subcontractors.
2. Planning timelines are indicative and never strict deadlines.
3. Additional or reduced work will be performed if necessary and settled separately.
4. Capistone Vastgoed is not liable for delays caused by subcontractors, material shortages or force majeure.

Article 6 – Rental of real estate

1. Rental takes place on the basis of a separate lease agreement.
2. The tenant must behave as a good tenant and use the rented property in accordance with its intended purpose.
3. Renovation and maintenance work may also take place during the rental period. The tenant will tolerate this, insofar as permitted by law.
4. Capistone Vastgoed is not liable for temporary inconvenience or consequential damage as a result of work.

Article 7 – Payment

1. Payments must be made within the agreed term.
2. In the event of late payment, the other party is in default by operation of law.
3. Statutory interest and collection costs are fully borne by the other party.

Article 8 – Liability

1. Capistone Vastgoed’s liability is limited to direct damage.
2. Any liability is limited to the amount paid out by insurance, or otherwise to the amount of the agreement.
3. Capistone Vastgoed is not liable for indirect damage, including consequential damage and lost rental income.

Article 9 – Force majeure

1. Force majeure means any circumstance beyond the control of Capistone Vastgoed.
2. Obligations are suspended for the duration of the force majeure situation.

Article 10 – Complaints

1. Complaints must be reported in writing within 14 days after discovery.
2. Submitting a complaint does not suspend payment obligations.

Article 11 – Intellectual property

1. All reports, plans and calculations remain the property of Capistone Vastgoed.

Article 12 – Applicable law and disputes

1. Dutch law applies to all legal relationships.
2. Disputes will be submitted to the competent court in the district where Capistone Vastgoed is established.

Article 13 – Final provisions

1. If a provision is void, the remaining provisions remain in force.
2. These terms and conditions are available on request.