Terms and Conditions – ACT Contractors N.V.
Effective date: 01/02/2025
A. GENERAL PROVISIONS
1. Definitions
In these Terms and Conditions, the following terms have the meanings assigned to them:
- Contractor: ACT Contractors N.V., located at Boekoestraat 19, Kasabaholo, Paramaribo, Suriname.
- Client: Any natural person or legal entity entering into an agreement with ACT Contractors N.V.
- Agreement: Any contract between ACT Contractors N.V. and the Client relating to services, deliveries, or rental.
- Services: All services provided by ACT Contractors N.V., including construction, renovation, design & build, consulting, equipment rental, landscaping, and cleaning.
- Written: Both physical and electronic written communication (e.g., email, WhatsApp, signed PDFs).
2. Applicability
2.1 These terms apply to all offers, agreements, and service provisions between ACT Contractors N.V. and the Client, unless explicitly agreed otherwise in writing.
2.2 The Client’s general terms and conditions are hereby expressly rejected unless explicitly accepted in writing.
2.3 If one or more provisions are found to be legally invalid, the remaining provisions remain fully applicable. The invalid provision will be replaced with a legally valid one that approximates its intent.
B. QUOTATIONS AND AGREEMENTS
3. Offers and Orders
3.1 All offers are non-binding unless a validity term is specified. An agreement is concluded only after written confirmation by ACT Contractors N.V.
3.2 Price estimates or project durations are indicative unless explicitly guaranteed.
3.3 Changes to the scope of work must be agreed in writing. Extra work will be invoiced accordingly.
C. PERFORMANCE AND DELIVERY
4. Execution of Services
4.1 ACT Contractors N.V. will execute the work with due diligence, using qualified personnel and appropriate materials.
4.2 The Contractor may engage third parties (e.g., subcontractors) for part of the services. ACT Contractors N.V. remains responsible for their performance.
4.3 The Client shall provide access to the site and ensure a safe and suitable working environment.
4.4 The Client is responsible for obtaining all necessary permits, permissions, and legal authorizations unless explicitly included in the agreement.
5. Timeframes and Delays
5.1 Delivery and completion terms are indicative unless otherwise agreed. Delays due to force majeure (weather, strikes, etc.) extend the delivery period.
5.2 In case of expected delays, ACT Contractors N.V. will inform the Client in a timely manner.
D. PAYMENT
6. Prices and Invoicing
6.1 All prices are quoted in Surinamese Dollars (SRD) or USD, exclusive of VAT, unless otherwise stated.
6.2 ACT Contractors N.V. is entitled to invoice in stages according to the progress of work.
6.3 Additional costs (e.g., materials, transportation, permits) are billed separately unless included in the quotation.
7. Payment Terms
7.1 Payment must be made within 30 days of the invoice date, unless otherwise agreed.
7.2 Late payments are subject to a contractual interest of 1.5% per month. All legal and extrajudicial collection costs are payable by the Client.
7.3 ACT Contractors N.V. reserves the right to suspend work or withhold delivery if payment is delayed.
E. LIABILITY AND WARRANTY
8. Liability
8.1 ACT Contractors N.V. is liable only for direct damage resulting from proven negligence, up to a maximum of the contract value.
8.2 ACT Contractors N.V. is not liable for indirect damages such as loss of income, project delays caused by third parties, or design faults provided by the Client.
8.3 The Client indemnifies ACT Contractors N.V. against third-party claims resulting from the execution of the agreement.
9. Warranty
9.1 A warranty period of 3 months applies to construction and renovation work, provided proper maintenance is performed and no changes are made without consultation.
9.2 Equipment rented out must be used per guidelines. Damage from misuse is at the Client’s expense.
F. EQUIPMENT RENTAL TERMS
10. Rental Conditions
10.1 Rented heavy equipment remains the property of ACT Contractors N.V. at all times.
10.2 The Client is responsible for ensuring safe operation and may only use trained personnel unless an operator is included.
10.3 Damages or technical issues must be reported immediately. Repair costs due to misuse are borne by the Client.
G. TERMINATION AND CANCELLATION
11. Cancellation
11.1 The Client may cancel an assignment only in writing. In case of cancellation after confirmation, ACT Contractors N.V. may charge for costs incurred and loss of income.
11.2 ACT Contractors N.V. may cancel the agreement with immediate effect if the Client is in default, in bankruptcy, or fails to meet obligations.
H. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
12. Intellectual Property
12.1 All designs, drawings, calculations, and documents provided by ACT Contractors N.V. remain its intellectual property unless otherwise agreed.
13. Confidentiality
13.1 Both parties shall maintain confidentiality regarding all information shared during the agreement and execution, including technical documents and pricing.
I. DISPUTES AND APPLICABLE LAW
14. Applicable Law
14.1 All agreements and disputes are governed by the laws of the Republic of Suriname.
15. Disputes
15.1 In case of a dispute, both parties will first attempt to reach an amicable solution.
15.2 If no resolution is reached, the dispute will be submitted to the competent court in Paramaribo, Suriname.
