AGB Bjorn service

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, including their singular and plural forms, are used in the following meanings, unless the nature or intent of the provisions indicates otherwise.

• Bjorn Service: the user of these general terms and conditions, located at Åsen 4 57 598 in Hjältevad, Sweden, registered in the commercial register in Sweden.
• Counterparty: any natural or legal person with whom Bjorn Service has concluded or intends to conclude an agreement.
• Consumer: the counterparty as referred to in the previous clause, a natural person acting not in the exercise of a profession or business.
• Parties: Bjorn Service and the counterparty together.
• Agreement: any agreement concluded between Bjorn Service and the counterparty.
• Activities: all activities to be performed by Bjorn Service in the context of the agreement, including but not limited to inspection, maintenance, repair, and/or replacement activities.
• Products: all items to be supplied by Bjorn Service to the counterparty in the context of the agreement, including but not limited to various houses, vacation homes, barns, gardens, and fencing, as well as components thereof, regardless of whether these are sold separately or in connection with the execution of activities.
• Written: both traditional written communication and digital communication stored on a durable medium, such as email communication.

ARTICLE 2. | GENERAL PROVISIONS

These general terms and conditions apply to every offer from Bjorn Service and every concluded agreement.

The applicability of any general terms and conditions of the counterparty is expressly rejected.

Deviations from the provisions of these general terms and conditions can only be made in writing. If and to the extent that what the parties have expressly agreed upon (and thus in writing) deviates from the provisions in these general terms and conditions, what the parties have expressly agreed upon applies.

The invalidity or nullity of one or more provisions of these general terms and conditions does not affect the validity of the remaining provisions. In such a case, the parties are obliged to consult with each other to reach a replacement arrangement concerning the affected provision, taking into account the purpose and intent of the original provision as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

Unless a term for acceptance is stated, every offer from Bjorn Service is non-binding.

The counterparty cannot derive any rights from an offer from Bjorn Service that contains an apparent error or mistake.

The counterparty also cannot derive any rights from an offer from Bjorn Service that is based on incorrect or incomplete information provided by the counterparty.

Every agreement is concluded, without prejudice to the provisions of paragraph 1, through offer and acceptance. If the counterparty’s acceptance deviates from the offer of Bjorn Service, the agreement does not come into being according to this deviating acceptance, unless Bjorn Service indicates otherwise. Bjorn Service reserves the right to enter into the agreement only based on the signature of the counterparty on a quotation prepared by Bjorn Service. Maintenance and service agreements are always concluded only by the counterparty signing the written maintenance or service contract prepared by Bjorn Service.

If the counterparty enters into the agreement on behalf of another natural or legal person, they declare themselves to be authorized to do so. The counterparty is jointly and severally liable for the fulfillment of the obligations arising from that agreement alongside this (legal) person.

ARTICLE 4. | GENERAL OBLIGATIONS OF THE COUNTERPARTY

The counterparty ensures that they provide all information that is reasonably relevant for the setup and execution of the agreement to Bjorn Service, timely, completely, and in the manner prescribed by Bjorn Service if applicable. The counterparty is responsible for the accuracy of this information. Furthermore, the counterparty must always provide all necessary cooperation required for the execution of the agreement. The counterparty will take all reasonable measures to optimize the execution of the agreement.

ARTICLE 5. | SEPARATE SALE AND DELIVERY OF PRODUCTS

This article applies solely to the agreement that provides for the delivery of products by Bjorn Service, without these products being placed and/or installed by Bjorn Service in the context of the same agreement.

The delivery of the ordered products takes place by shipping them to the delivery address provided by the counterparty. In the absence of a delivery address, the invoice address applies as the delivery address.

Bjorn Service determines the method of packaging and shipping of the products.

Bjorn Service reserves the right to deliver orders in parts.

The risk of loss and damage to the products passes to the counterparty at the moment the products are received by or on behalf of the counterparty.

In the event of exceeding the agreed delivery period, the counterparty is never entitled to refuse to accept the products to be delivered and/or to pay the agreed price.

If the products cannot be delivered or cannot be delivered on time to the counterparty due to a circumstance attributable to the counterparty, Bjorn Service will store the products at the counterparty’s expense and risk, without prejudice to the counterparty’s obligation to pay the agreed price and costs.

If the counterparty refuses to accept the ordered products or otherwise fails to receive the products, the counterparty will inform Bjorn Service at first request within what period the products will still be accepted. This period will never exceed one month from the date of the request as referred to in the previous sentence. Bjorn Service is authorized to dissolve the agreement if the counterparty still fails to accept the products after the expiration of the period referred to in the previous sentence, without prejudice to the counterparty’s obligation to pay the agreed price and costs, including reasonable storage costs for the products.

If Bjorn Service incurs necessary costs due to the application of paragraphs 7 or 8 that would not have existed if the counterparty had properly fulfilled their obligation to accept the products, these costs will additionally be charged to the counterparty.

ARTICLE 6. | EXECUTION OF ACTIVITIES

As far as reasonably relevant for the execution of activities, the counterparty is responsible, timely prior to the execution of these activities, for providing:

• an accessible workplace;
• sufficient opportunity for the supply, storage, and/or disposal of items used or processed during the execution of the activities, including devices, tools, other aids, and items to be removed and/or products to be installed and/or mounted in connection with the execution of the activities;
• the presence of all items and provisions reasonably desired by Bjorn Service for the execution of the activities, including, unless expressly agreed otherwise, a suitable scissor lift or scaffold with sufficient working height, in case activities must be performed above 2 meters;
• access for Bjorn Service at the agreed time and within the agreed time frame to the location of the execution of the activities;
• the implementation and maintenance of all safety and precautionary measures as far as reasonably required of the counterparty.

Bjorn Service must be able to use all items and provisions reasonably desired by them at the location of the execution of the activities free of charge.

Unless expressly agreed otherwise, the counterparty is responsible for timely obtaining any necessary government permits and approvals from other third parties. The counterparty indemnifies Bjorn Service against all claims (from third parties) due to the absence of these.

If the counterparty fails to comply with their obligations as mentioned in the preceding paragraphs of this article or the provisions of Articles 4 or 5, Bjorn Service is not liable for any damage that may arise as a result and is, without prejudice to the provisions in the rest of these general terms and conditions, entitled to suspend the execution of the agreement and charge any delay/waiting hours and/or any other incurred damages to the counterparty.

ARTICLE 7. | MAINTENANCE AND SERVICE AGREEMENTS

A maintenance or service agreement provides for periodic inspection of the object to which the agreement pertains, at a fixed price expressly agreed upon by the parties per maintenance or service visit. Unless expressly agreed otherwise, this price includes travel costs and costs for:

• general and visual inspection regarding the proper condition of the object
• the preparation and delivery of an inspection list

but excludes costs for:

• materials to be replaced or otherwise used and delivered;
• additional work, namely any (repair) activities not included in the price of the maintenance or service agreement, which may include the restoration of overdue maintenance identified at the time of the first maintenance or service visit.

Before charging additional costs under a maintenance or service agreement, Bjorn Service will consult with the other party.

Unless expressly agreed otherwise, any required aerial lift as referred to in Article 6.1 must be made available by the other party. If it has been expressly agreed that Bjorn Service will ensure its availability, the (rental) costs will additionally be borne by the other party.

The maintenance or service agreement is entered into by means of a written contract signed by the other party.

Unless expressly agreed otherwise, the maintenance or service agreement is entered into for a duration of 12 months, starting from the day of signing by the other party. After the agreed duration, the maintenance or service agreement is automatically extended for another 12 months, unless:

• the agreement has been timely terminated as stipulated in the following sections;
• the other party is a consumer, in which case the agreement, unless timely terminated in accordance with the following sections, is automatically extended for an indefinite period.

The maintenance or service agreement ends by termination. Termination by the other party is subject to a notice period of two months and must be done by registered mail.

In deviation from the previous paragraph, a consumer may terminate the maintenance or service agreement by email or regular mail with a notice period of one month.

Termination of the maintenance or service agreement by Bjorn Service can always take place immediately, provided that if the other party is a consumer, Bjorn Service observes a notice period of one month.

At the start of a new service contract, Bjorn Service will perform an initial service (0-beurt).

There is no possibility for negotiation on contract prices and parts prices according to Bjorn Service’s standard parts list.

Bjorn Service reserves the right to unilaterally adjust contract prices and parts prices reasonably. Bjorn Service will always inform the client in writing before implementing price changes.

Invoicing for the initial service will take place after the execution of the initial service.

Invoicing for the ongoing service contract occurs in the month in which the maintenance visit is carried out. Invoicing for repairs takes place after the agreed activities have been performed. If a maintenance visit has not been carried out without any fault attributable to the client, the client may reclaim the contract amount for the respective services from Bjorn Service.

ARTICLE 8. | DEADLINES

Bjorn Service strives to meet the execution and delivery deadlines to which it has committed itself to the other party; however, these deadlines, unless expressly agreed otherwise, are never fatal deadlines. Bjorn Service’s default does not occur until the other party has formally put Bjorn Service in default in writing, specifying a reasonable period for performance, and Bjorn Service remains in default after the expiration of that period.

If Bjorn Service is dependent on data to be provided by the other party for the execution of the agreement, the execution and delivery deadlines as referred to in the previous paragraph do not commence until Bjorn Service has received this data.

ARTICLE 9. | INSPECTION AND COMPLAINTS

Work is considered delivered when:

• the other party has been informed that the work has been completed, or when it is reasonably clear to both parties that the work has been completed, or;
• the object to be delivered has been taken into use by the other party.

If it has been communicated that a portion of the work has been completed, or it is reasonably clear that work on that portion has been completed, or the other party takes a part of the deliverable into use, that part is considered delivered.

Upon delivery of the work, the other party must immediately inspect whether the agreement has been performed correctly. Complaints regarding visible or otherwise identifiable defects at the time of delivery must be reported immediately to Bjorn Service.

Complaints regarding defects that were not reasonably visible or identifiable at the time of delivery must be reported in writing to Bjorn Service within seven days after the defect is discovered, or within seven days after the other party could reasonably have become aware of the defect.

Insofar as the agreement provides for the sale and delivery of products, the other party must inspect, at the time of delivery or immediately thereafter, whether the nature and quantity of the products correspond to the agreement. If the nature and/or quantity of the products, in the opinion of the other party, do not conform to the agreement, they must report this at the time of delivery or immediately thereafter to Bjorn Service. In the event of defects that were not reasonably visible or identifiable at the time of delivery, the other party must report these to Bjorn Service in writing within seven days after they became aware of the defect, or could reasonably have become aware of it.

In deviation from the provisions in the previous paragraphs of this article, a consumer cannot invoke that what has been delivered in the context of a consumer purchase does not conform to the agreement if the consumer has not complained to Bjorn Service within two months after discovering the defect.

If the other party does not timely complain or complains regarding defects whose absence was explicitly acknowledged by the other party during delivery, Bjorn Service has no obligation arising from such a complaint.

Even if the other party complains in a timely manner, their obligation to timely pay Bjorn Service remains in effect, unless the law expressly prevents this in favor of consumers.

ARTICLE 10. | WARRANTY AND CONFORMITY

The other party can only claim any factory warranty provided by the manufacturer or importer of the products, provided that Bjorn Service:

• offers a one-year warranty on the installation of new doors, provided that the installation is performed by Bjorn Service;
• offers a three-month warranty on replacement new parts that have been processed and supplied in connection with the execution of work by Bjorn Service.

The provisions of the previous paragraph do not affect those of the following paragraph.

A warranty provided by Bjorn Service, the manufacturer, or the importer does not affect the mandatory legal rights and claims that consumers can assert against Bjorn Service based on so-called non-conformity.

Notwithstanding any expressly agreed warranty conditions, any applicable warranty (including claims based on non-conformity) lapses in any case if a defect in a product is the result of an external cause or cannot be attributed to Bjorn Service or its suppliers. This includes, but is not limited to, defects resulting from damage, natural wear, incorrect or careless treatment, improper or careless use, use contrary to the operating instructions or other directives from or on behalf of Bjorn Service, improper and irregular maintenance, and modifications to the products, including repairs not carried out with prior explicit consent from Bjorn Service.

Claims for warranty from the other party must be submitted in writing and with justification to Bjorn Service within seven days of discovering the defect to which the claim relates, or within seven days after the other party could reasonably have been aware of the defect. In the case of a consumer purchase, a complaint period of two months applies in accordance with Article 9.5.

The other party can only invoke claims as described in the previous paragraphs of this article if they have fulfilled all their payment obligations arising from the agreement.

In the event of a valid warranty claim or a claim based on non-conformity from the other party, they may only claim repair or replacement of the delivered goods from Bjorn Service, at Bjorn Service’s discretion. Repair or replacement will be considered by Bjorn Service as full compensation.

ARTICLE 11. | FORCE MAJEURE

Bjorn Service is not obliged to fulfill any obligation under the agreement if and as long as it is hindered by a circumstance that cannot be attributed to it under the law, a legal act, or generally accepted views in society.

If and to the extent that the force majeure situation permanently makes fulfillment of the agreement impossible, the parties are entitled to terminate the agreement with immediate effect.

If Bjorn Service has already partially fulfilled its obligations at the onset of the force majeure situation or can only partially fulfill its obligations, it is entitled to invoice the already performed part, or the executable part of the agreement, separately as if it were a standalone agreement.

Damage resulting from force majeure is never eligible for compensation, without prejudice to the application of the previous paragraph.

ARTICLE 12. | SUSPENSION AND TERMINATION

Bjorn Service is entitled to suspend the execution of the agreement or to terminate the agreement in whole or in part with immediate effect if the circumstances of the case reasonably justify this, if and to the extent that the other party does not fulfill its obligations under the agreement, does not do so in a timely manner, or does not do so fully, or if after concluding the agreement circumstances become known to Bjorn Service that provide good reason to fear that the other party will not fulfill its obligations.

In the event of liquidation, bankruptcy, application of the Debt Restructuring Natural Persons Act to, or (provisional) suspension of payments of the other party, as well as in the case of any seizure of its assets or if it is otherwise unable to freely dispose of its assets, Bjorn Service is entitled to terminate the agreement with immediate effect, unless the other party has already provided sufficient security for the payments owed and yet to become due to Bjorn Service.

Furthermore, Bjorn Service is entitled to terminate the agreement if circumstances arise that make fulfillment of the agreement impossible or if maintaining it unchanged cannot reasonably be required of it.

The other party can never claim any form of compensation in connection with the suspension and/or termination rights exercised by Bjorn Service under this article.

To the extent that the suspension or termination of the agreement can be attributed to the other party, the other party is obliged to compensate Bjorn Service for the damage it suffers as a result of the suspension or termination of the agreement.

If Bjorn Service terminates the agreement under this article, all claims against the other party become immediately due and payable.

ARTICLE 13. | PRICES AND COSTS

The offer from Bjorn Service includes as accurate as possible an enumeration of price and cost factors, including but not limited to, product sales prices, an hourly rate, fixed contract amount, fixed travel costs, and any accommodation costs.

As far as the hourly rate and/or fixed travel costs have not been expressly agreed, the provisions on the website of Bjorn Service apply. If and to the extent that prices and costs have not been expressly agreed upon and also cannot be based on what is stated on the website of Bjorn Service, prices and costs will be calculated based on the usual rates applied by Bjorn Service for those services.

Unless expressly stated otherwise by Bjorn Service, the prices and costs mentioned by Bjorn Service are exclusive of VAT, provided that prices and costs in relation to consumers are (also) stated including VAT.

Unless expressly agreed otherwise, the costs of any shipping of products are borne by the other party.

The costs of materials replaced or otherwise used and supplied in the context of repair work will be charged to the other party.

The hours worked in the context of the work will be calculated from the moment of arrival of Bjorn Service until the moment of delivery of the work as referred to in Article 9.1. The hours worked will be rounded up to the nearest 5 minutes.

ARTICLE 14. | PAYMENTS

The price and costs owed by the other party for the execution of work, as well as any travel costs related to an on-site assessment by the other party, for example, for estimating a price quote, will be billed afterward and can be paid immediately in cash or by bank transfer within a period of fourteen (14) days after the invoice date (or unless agreed otherwise).

If and to the extent that the agreement provides for the delivery of products, Bjorn Service is entitled to demand full or partial advance payment of the agreed price and costs, unless stated otherwise in the last sentence of this paragraph. This advance payment must be made before Bjorn Service is obliged to execute the agreement. Bjorn Service will not require a consumer, in the context of a consumer purchase, to make an advance payment of more than 50% of the purchase price, with payment at the time of the actual delivery of the products not being considered an advance payment.

Bjorn Service is not obliged to (further) execute the agreement until the other party has fulfilled all its payment obligations that are due to Bjorn Service. According to the provisions of Article 12, in the event of payment default by the other party, Bjorn Service is also entitled to suspend the execution of the agreement until the other party has remedied its payment default.

Payments must be made, without prejudice to the provisions in paragraph 1, in the manner prescribed by Bjorn Service, either by bank transfer or in cash, within the period specified by Bjorn Service or stated on the invoice.

Bjorn Service is entitled to provide the invoices due to the other party exclusively via email.

In the event of liquidation, bankruptcy, application of the Debt Restructuring Natural Persons Act, or (provisional) suspension of payments of the other party, the claims against the other party become immediately due and payable.

If timely payment is not made, the other party is in default by operation of law. From the day that the other party is in default, it owes interest of 2% per month on the outstanding amount, with a portion of a month being considered a full month. In deviation from the previous sentence, if the other party acts as a consumer, the legal interest applicable at the time of payment default will apply instead of the contractual interest mentioned there.

All reasonable costs, such as judicial, extrajudicial, and enforcement costs incurred in obtaining the amounts owed by the other party, will be borne by the other party.

ARTICLE 15. | LIABILITY AND INDEMNIFICATION

The other party bears the damage caused by inaccuracies in the work commissioned by it, defects in the (immovable) property on which the work is performed, defects or unsuitability of materials or tools that may have been made available by the other party for the execution of the work, any other shortcoming in fulfilling the obligations of the other party arising from the law or the agreement, as well as any other circumstance that cannot be attributed to Bjorn Service.

If the other party itself takes care of the installation and/or assembly of doors or parts thereof, Bjorn Service is never liable for any damage that may arise as a result.

Bjorn Service is never liable for indirect damage, including loss incurred, lost profits, and damage resulting from business stagnation. Bjorn Service is, without prejudice to the provisions of the rest of these general terms and conditions, and in particular the provisions of paragraph 6 of this article, only liable to the other party for direct damage suffered as a result of a attributable shortcoming by Bjorn Service in fulfilling the agreement. An attributable shortcoming is understood to mean a shortcoming that a careful and diligent professional could and should avoid, all taking into account normal diligence and the expertise and resources required for executing the agreement. Direct damage is understood to mean exclusively:

• the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for compensation under these general terms and conditions;
• any reasonable costs incurred to make the deficient performance of Bjorn Service comply with the agreement, to the extent that these can be attributed to Bjorn Service;
• reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to a limitation of direct damage as defined in these general terms and conditions.

If Bjorn Service is liable for any damage, it has the right to remedy this damage at all times. The other party must give Bjorn Service the opportunity to do so, failing which any liability of Bjorn Service in this regard ceases.

Bjorn Service is never liable for damage that, under the statutory regulation of product liability, rests with the manufacturer or importer of the products.

The liability of Bjorn Service is limited to a maximum of the invoice value of the agreement, or at least to that part of the agreement to which the liability of Bjorn Service relates.

In the event that Bjorn Service is liable for damage and the applicability of the provisions in the previous paragraph is legally invalidated, the liability of Bjorn Service will never exceed the amount that, in the relevant case, is actually paid out under the liability insurance taken out by Bjorn Service, increased by any deductible applicable under that insurance.

Notwithstanding the limitation periods referred to in Article 9, the statute of limitations for all legal claims against Bjorn Service is one year. In deviation from the previous sentence, legal claims owed to consumers based on facts that would justify the assertion that a consumer purchase does not comply with the agreement expire after two years.

The other party indemnifies Bjorn Service against any claims from third parties suffering damage in connection with the execution of the agreement, the cause of which is attributable to someone other than Bjorn Service.

In the case of a consumer purchase, the limitations in this article do not extend beyond what is permitted under Article 7:24, paragraph 2 of the Dutch Civil Code.

The liability limitations in these general terms and conditions do not apply if and to the extent that the damage was caused by intent or gross negligence on the part of Bjorn Service.

ARTICLE 16. | RETENTION OF TITLE

All products delivered by Bjorn Service to the other party remain its property until the other party has duly fulfilled all its payment obligations arising from the agreement.

The other party is prohibited from selling, pledging, or otherwise encumbering the products subject to retention of title.

If third parties seize the products subject to retention of title or wish to establish or assert rights over them, the other party is obliged to inform Bjorn Service as soon as possible.

The other party gives unconditional permission to Bjorn Service or designated third parties to enter all places where the products subject to retention of title are located. In case of default by the other party, Bjorn Service is entitled to take back the aforementioned products. All reasonable costs associated with this will be borne by the other party.

ARTICLE 17. | FINAL PROVISIONS

Unless the law provides otherwise, only the competent court within the district of Bjorn Service’s registered office is designated to take cognizance of judicial disputes.

Dutch law exclusively applies to each agreement and all legal relationships arising between the parties.

Bjorn Service reserves the right to amend these General Terms and Conditions. This cookie policy was last amended on January 5, 2025.