Article 1 – Definitions

In these warranty conditions, the following definitions apply:

1. Optimum / contractor: Optimum Bouw- en Aannemersbedrijf.
2. Client: the natural person or legal entity that has commissioned Optimum to carry out work.
3. Consumer: a natural person who is not acting in the course of a profession or business.
4. Business client: a client acting in the course of a profession or business, including property investors, companies and professional landlords.
5. Work: the work carried out by Optimum in accordance with the agreement.
6. Completion: the moment at which the agreed work is handed over to the client as completed or is actually taken into use.

Article 2 – General 5-year warranty

Optimum guarantees for a period of 5 years after completion that the renovation and installation work carried out by Optimum has been properly performed, unless a different warranty period applies to a specific component under these conditions.

If, within the applicable warranty period, a defect arises that is demonstrably the result of improper workmanship by Optimum, Optimum will rectify the defect within a reasonable period and at its own expense.

The warranty applies only to work and materials for which Optimum has accepted responsibility under the agreed assignment.

A specific warranty period stated in the articles below takes precedence over the general 5-year period.

Article 3 – Commencement of the warranty period

The warranty period begins on the date of completion of the relevant work or component.

Where a project is completed in clearly separate phases, the warranty period for a separately completed component may begin from the date of that partial completion.

Article 4 – Bathrooms, tiling and waterproof construction

For complete bathroom renovations carried out by Optimum, a 5-year warranty applies to the proper execution of:

• wall and floor tiling installed by Optimum;
• adhesion of tiling;
• waterproof construction and sealing applied by Optimum;
• fixed water supply and drainage pipework installed by Optimum;
• properly installed sanitary fixtures supplied by Optimum;
• the structural build-up of bathroom work carried out by Optimum.

This warranty does not cover normal wear and tear, damage caused by use, insufficient maintenance, blockages caused by use, damage caused by aggressive cleaning products or defects in products that fall outside Optimum's responsibility.

Article 5 – Sealant and sealing joints

A commercial warranty period of 2 years applies to sealant joints applied by Optimum.

The warranty covers defects demonstrably resulting from improper application by Optimum.

The warranty does not cover, among other things, normal ageing, discolouration, mould formation caused by insufficient ventilation or maintenance, deterioration caused by cleaning products, or damage or detachment caused by movement of underlying structures outside Optimum's responsibility.

Article 6 – Plasterwork

For plasterwork carried out by Optimum, the general warranty period of 5 years applies to demonstrable defects in adhesion or workmanship.

Normal hairline and shrinkage cracks caused by movement, drying, settlement or movement of existing structures are not covered by the commercial warranty insofar as they are not the result of improper workmanship by Optimum.

Discolouration caused by external circumstances or damage caused by subsequent painting, installations or other work carried out by third parties is also excluded from the warranty.

Article 7 – Painting work

Interior painting

A commercial warranty period of 4 years applies to interior painting carried out by Optimum.

The warranty covers demonstrable defects in the adhesion or application of the paint system applied by Optimum.

Exterior painting

A commercial warranty period of 2 years applies to exterior painting carried out by Optimum.

For exterior work, normal weather exposure, ageing, maintenance and the condition of the existing substrate are taken into account.

If a longer warranty has been expressly agreed in the quotation for a specific paint system, that agreed period shall apply.

Article 8 – Electrical installations, water, drainage and fixed installations

For new fixed electrical installations, water pipes and fixed drainage pipes installed by Optimum, the general warranty period of 5 years applies in principle to demonstrable defects in workmanship.

The warranty applies to the installation and assembly work carried out by Optimum and does not cover normal wear and tear, external damage, overloading, modifications by third parties or defects in appliances.

Drain blockages are covered by the warranty only where it can be demonstrated that they were directly caused by technically incorrect installation by Optimum.

Article 9 – Carpentry, window frames, windows and doors

For carpentry, wooden window frames, windows and doors manufactured or installed by Optimum, the general warranty period of 5 years applies to proper workmanship.

The warranty against wood rot applies only where the cause demonstrably lies in work carried out by Optimum and not in overdue maintenance, insufficient painting maintenance, existing structural defects, prolonged exposure to moisture or other external causes.

A warranty period of 2 years applies to hinges, locks and other moving or wearing components, unless the manufacturer provides a longer warranty.

Article 10 – Insulating glazing

The general warranty on proper installation applies to insulating glazing installed by Optimum.

The glass product itself is covered by the manufacturer's or supplier's warranty, including any warranty relating to failure of the hermetic cavity seal or condensation between the panes of glass.

Mechanical breakage, thermal breakage and damage caused by third parties are not covered by Optimum's commercial warranty unless it can be demonstrated that the damage resulted from an installation error by Optimum.

Article 11 – Appliances and manufactured products

Appliances and other factory-manufactured products are generally covered by the warranty provided by the manufacturer or supplier.

Examples include:

• central heating boilers and hot water appliances;
• ventilation units;
• electrical appliances;
• sanitary products and taps;
• kitchen appliances;
• pumps and other technical components.

If Optimum supplied and installed the product, Optimum remains responsible for the proper execution of its own installation work.

An internal defect in the product itself will be handled in accordance with the applicable manufacturer's or supplier's warranty and the relevant statutory rules.

Article 12 – Materials and products supplied by the client

Where the client purchases or supplies materials, sanitary ware, tiles, taps, appliances or other products, Optimum does not provide a commercial warranty on the product itself.

Optimum likewise provides no commercial warranty for problems resulting from:

• a manufacturing defect;
• incorrect dimensions of the supplied product;
• unsuitability for the existing situation;
• missing components;
• incompatibility between products;
• incorrect technical specifications;
• defects already present before installation.

If Optimum can reasonably determine in advance that a product supplied by the client is unsuitable, this will, where possible, be discussed with the client.

The foregoing does not affect any statutory liability where it can be demonstrated that Optimum itself improperly carried out the installation work.

Article 13 – Repairs and fault-finding work

Optimum provides a commercial warranty of 2 years on repairs and fault-finding work in respect of the component actually repaired or replaced by Optimum and the work carried out for that purpose.

This warranty does not mean that Optimum guarantees other parts of an existing installation or structure that were not repaired, replaced or investigated.

If a fault is caused by another existing part of the installation or by a new external cause, this is not covered by the warranty on the earlier repair.

Article 14 – Existing structures and hidden defects

Optimum does not provide a commercial warranty on existing structures, installations, materials or defects that fall outside the agreed scope of work.

These include, for example:

• existing leaks;
• hidden wood rot;
• existing damp problems;
• existing foundation problems;
• existing cracking or settlement;
• old pipes or wiring that have not been replaced;
• defects behind walls, ceilings or floors that were not visible in advance;
• incorrect work previously carried out by third parties.

If a hidden defect is discovered during the work, Optimum will, where possible, discuss this with the client before additional work is carried out.

Article 15 – Foundations and structural work

Foundation work and specialist structural work are covered by the warranty only where they expressly form part of Optimum's written assignment.

In such cases, the applicable warranty, technical principles, any calculations and responsibilities will be specifically recorded in the quotation or agreement.

Existing foundations and structures that were not designed, replaced or repaired by Optimum are not covered by these warranty conditions.

Article 16 – What is not covered by the commercial warranty?

Optimum's commercial warranty does not apply to defects or damage wholly or partly resulting from:

• normal wear and tear and normal ageing;
• insufficient or incorrect maintenance;
• incorrect or improper use;
• mechanical damage after completion;
• alterations or repairs carried out by the client or third parties;
• work carried out by other contractors or installers;
• defects in existing components outside the agreed scope of work;
• defective materials supplied by the client or third parties;
• damage caused by leaks or faults in existing installations outside Optimum's scope;
• movement, settlement or shifting of existing structures outside Optimum's responsibility;
• insufficient ventilation or an unsuitable indoor climate;
• emergencies and external events over which Optimum could not reasonably exercise control;
• fire, flooding, lightning, storm damage or other external events;
• damage arising because necessary maintenance was not carried out in time.

Article 17 – Minor aesthetic variations

Minor aesthetic variations that are inherent in manual construction and renovation work and that do not affect the technical soundness of the work do not automatically constitute a warranty defect.

However, this article cannot be used to classify demonstrably defective, careless work or work not carried out in accordance with the agreed requirements as merely an aesthetic issue.

Article 18 – Reporting a defect

A client wishing to make a claim under the warranty must notify Optimum in writing of the identified defect as soon as reasonably possible after discovering it.

The notification may be made by email or WhatsApp and should preferably include:

• the client's name and address;
• the address where the work was carried out;
• a clear description of the problem;
• photographs or videos of the identified defect;
• invoice, quotation or project details, if available.

Article 19 – Right to inspect and rectify

Optimum must always first be given a reasonable opportunity to investigate a reported defect itself and, where the defect is covered by the warranty, to rectify it.

The client may not, without consultation, have repair work carried out by a third party and subsequently claim the costs from Optimum, unless there is a demonstrable emergency in which immediate intervention was necessary to prevent further serious damage.

If a third party carries out alterations to the relevant work without Optimum first having been given a reasonable opportunity to rectify the issue, the right to the commercial warranty for that component may lapse insofar as Optimum can no longer determine the original cause of the defect as a result.

Article 20 – Performance of warranty repairs

If, following investigation, it is established that a defect is covered by the warranty, Optimum will repair the relevant component within a reasonable period.

Optimum will determine the method of repair, with the objective of restoring the work to a technically sound condition.

If exactly the same material, product, type or colour is no longer available, Optimum may use a technically and qualitatively equivalent alternative.

Article 21 – Investigation where no warranty applies

If, following investigation, it becomes apparent that a reported problem is not covered by the warranty and was not caused by Optimum, Optimum may agree with the client in advance on any costs for further investigation, repairs, materials and labour.

For consumers, such costs will not be charged without prior information and consent insofar as required by law.

Article 22 – Transfer of the commercial warranty

The commercial warranty described in these conditions is provided to the client with whom Optimum concluded the original agreement and is not automatically transferable upon the sale or transfer of the home or property.

Transfer of a commercial warranty to a new owner is possible only where Optimum has agreed to this in writing in advance.

This provision relates exclusively to Optimum's additional commercial warranty and does not affect any statutory rights of the parties concerned.

Article 23 – Warranty for consumers

Consumers are entitled to the additional commercial warranty described above.

This commercial warranty is an additional commitment by Optimum. It does not limit any rights a consumer has under mandatory Dutch consumer law.

If any provision of these warranty conditions proves to conflict with mandatory consumer law, the relevant statutory consumer law shall take precedence.

The expiry of a commercial warranty period therefore does not automatically mean that every possible statutory claim of a consumer has expired.

Article 24 – Warranty for business clients and property investors

The commercial warranty periods set out in these conditions also apply to business clients, including property investors, unless different arrangements have been agreed in writing in the quotation or agreement.

For business projects, different warranty provisions may be agreed due to the nature, size, intensity of use or specific technical circumstances of the project.

If a different warranty for a specific component has expressly been agreed in a business agreement or quotation, that written agreement shall take precedence over these general warranty conditions.

Article 25 – Relationship with the quotation and general terms and conditions

These warranty conditions must be read in conjunction with:

• the quotation or order confirmation;
• the agreed scope of work;
• any technical specifications;
• the general terms and conditions of Optimum Bouw- en Aannemersbedrijf.

Where a different warranty period or scope of warranty has been agreed in writing for a specific project, that specific agreement shall apply to that project.

Article 26 – No extension of the original assignment

The warranty applies only to the component covered by the original assignment.

A warranty claim does not entitle the client to renewal or improvement of components that did not form part of the original work, nor to work that is not technically necessary to rectify the warranty defect.

Article 27 – Final provision

Optimum Bouw- en Aannemersbedrijf aims to resolve any legitimate defects carefully and practically. Where there is uncertainty as to whether the warranty applies, we will first assess the work carried out and the cause of the reported problem.

These warranty conditions are governed by Dutch law.