LIABILITY
Our WIS™-report only legally binds us to the pricipal that is named in the report or – should we have to consider him/her as our pricipal – the agent that filed the application; the report and/or any rights derived from it are Not transferable.
Our principal is assumed protect us from any third party claims.
We specifically like to stress that we do NOT seek to assume any risk for the property; it is You that buys it, not us !
Of course we will – within the limits of a non-destructive investigation – do our best to optimally inform you on the quality, properties and risks of the property, but please be aware that our investigations may not be compared with e.g. an English “home-survey“.
In the Netherlands there is no specific training for inspecting property, there is no national consensus on any standards to be used and conducting an inspection has no legal status, so it all boils down to the experience of the engeneer conducting the inspection.
And no, the tale that we may be able to find “hidden impairments” is a myth… just like you, we are not allowed to inflict any damage to the property as long as it is not yet yours, so we basically have to work with the same data you have and cannot look through materials to see what is behind them, so
Our Woning Informatie Service™ is NO guarantuee that the building is flawless NOR insurance against technical impairments and imperfections !
Should you discover any “hidden impairments” you may under circumstances be able to hold the seller liable and – should such a liability-claim end up in court – will stand stronger with our
inspection than without.
COMPLAINTS-PROCEDURE
Should you as our principal think that we – within the limits of our non-destructive investigation technique – have not done a proper job, you will – within 3 calendar days of discovery and by registered mail – give us notice of such, stating in detail the exact circumstances thet led to this opninion.
Note : You will have to be able to prove beyond doubt that you did not have an earlier chance to discover the facts involved !
You will allow Aangenamer Bouwen working 10 days for claim-research, either by us or by specialist third parties of our choice.
Aangenamer Bouwen will – within 10 working days after these investigations – declare in writing to you its position in the matter at hand.
Any payment due to us assuming liability will never exceed € 2,500.00 including VAT per report and may only be used to repair the damage to the structural or climate-seperating part that is
subject of the complaint, as such taking into account ageing-related depreciation.
Note : Late payment limits our liability to the amount of the invoice for the WIS™-inspection !
The choice between paying you in cash or repairing damage on site is exclusively ours.
Should you persistently hold Coöperatie Aangenamer Bouwen UA liable and Not file a law-suit within 6 months from your first (registered) written notice, all liabilities will be void.
All contracts regarding our Woning Informatie Service™ are subject to Dutch law, legal procedures will be presented to the court of Roermond, unless the law specifies differently.
Note : should you hold us liable on unjust or incorrect grounds, we will hold you liable for ALL costs incurred on our side.
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