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1. Applicability
1.1. These terms and conditions apply exclusively to all quotations, offers, and sales agreements made by Mastergrass, located in Oss at Grevelingenmeer 25 (hereinafter referred to as “Mastergrass”), with the buyer. If it is also agreed with the buyer that Mastergrass will perform certain services and/or work, these terms and conditions shall also exclusively apply to the execution of those services and work.
1.2. If and insofar as the buyer refers to other terms in their offer or acceptance, the applicability of those terms is explicitly rejected.
1.3. In these terms and conditions, ‘buyer’ shall also be understood as ‘client’, insofar as it does not solely pertain to a sales agreement.
2. Offers
2.1. All offers made by Mastergrass, however named, are non-binding and should be regarded as an invitation to submit an order or make an offer to be accepted by Mastergrass. Acceptance by Mastergrass, and the establishment of the agreement, occurs through written order confirmation by Mastergrass or by the actual execution of the order by Mastergrass.
2.2. Offers are valid for a maximum of 30 days from the date of issue, unless the offer specifies otherwise.
2.3. By placing an order, making an offer, or by acceptance, it must be evident that the buyer agrees to the applicable statement of these general terms and conditions and that he/she waives their own general terms and conditions, if necessary.
2.4. If the buyer makes reservations or changes in the order, offer, or acceptance regarding the quotation, the agreement shall only be established if Mastergrass has notified the buyer of its agreement to these deviations from the offer.
2.5. If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the remaining provisions of these general terms and conditions shall remain fully applicable. Mastergrass and the buyer shall then consult to agree on new provisions to replace the null and void or annulled provisions, taking into account the purpose and intent of the original provisions as much as possible.
2.6. Information in printed materials or advertising materials provided by or originating from Mastergrass is non-binding, does not create obligations, and is subject to change.
3. Changes
3.1. Changes to the purchase agreement and deviations from these general terms and conditions shall only be valid if they have been agreed upon in writing or verbally between the buyer and Mastergrass.
3.2. If changes result in an increase or decrease in costs, any resulting change in the purchase price must be agreed upon in writing between the parties.
3.3. In the absence of agreement regarding the change in the purchase price, a dispute exists between the parties, to which Article 16 of these general terms and conditions applies.
4. Installation/Delivery
4.1. Any costs for installation and setup are not included in the prices quoted by Mastergrass, unless the parties agree otherwise in writing.
4.2. Mastergrass is not responsible for the substrate on which the artificial grass is installed and is never liable to the buyer for defects related to the structure and quality of the substrate.
4.3. If the substrate is not ready, preventing Mastergrass from carrying out the agreed-upon work or services, the buyer is obliged to compensate Mastergrass for any (delay) damages suffered as a result.
4.4. When an order is placed for delivery and no sand is ordered with it, Mastergrass cannot guarantee the performance or shrinkage of the mat.
5. Inspection
5.1. If it has been agreed that the buyer will inspect the delivered goods at the premises of Mastergrass, at the buyer’s location, or elsewhere, and the buyer does not exercise that right within ten working days after being notified of the opportunity or after the opportunity has been actually provided, the delivered goods are deemed to have been definitively and unconditionally accepted by the buyer.
5.2. The costs of inspection are the responsibility of the buyer.
6. Liability
6.1. If Mastergrass is liable, such liability is limited to what is provided for in this provision.
6.2. Mastergrass is not liable for any damages arising from relying on incorrect and/or incomplete information provided by or on behalf of the buyer.
6.3. Mastergrass is not liable for subsidence or damage caused by moles. Such external factors do not affect the agreed price arrangements. Additional work in the form of repair work can always be carried out in consultation at agreed prices.
6.4. If Mastergrass is liable for any damage, its liability is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability pertains. In any case, Mastergrass’s liability is always limited to the amount paid out by its insurer in the relevant case.
6.5. Mastergrass is only liable for direct damage.
6.6. Direct damage is understood to mean only the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage as defined in these terms and conditions, any reasonable costs incurred to bring the deficient performance of Mastergrass into line with the agreement, as far as these can be attributed to Mastergrass, and reasonable costs incurred to prevent or limit damage, insofar as the buyer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions. Mastergrass is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.
6.7. The limitations of liability set forth in this article do not apply if the damage is due to intent or gross negligence on the part of Mastergrass.
6.8. The buyer indemnifies Mastergrass against any claims from third parties who suffer damage in connection with the execution of the agreement, the cause of which is attributable to parties other than Mastergrass. If Mastergrass is approached by third parties in this regard, the buyer is obliged to assist Mastergrass both outside and in legal proceedings and to do everything that can be reasonably expected of the buyer in such cases. If the buyer fails to take adequate measures, Mastergrass is entitled, without notice of default, to take such measures itself. All costs and damages incurred by Mastergrass and third parties as a result shall be fully borne by the buyer.
7. Force Majeure
7.1. Mastergrass is not obligated to fulfill any obligation to the buyer if it is hindered from doing so due to a circumstance that is not attributable to its fault and does not fall under its responsibility according to the law, a legal act, or generally accepted views in commerce.
7.2. There is force majeure on the part of Mastergrass if, after the conclusion of the purchase agreement, Mastergrass is prevented from fulfilling its obligations under this agreement or from preparing for them due to war, the threat of war, civil war, terrorism, riots, vandalism, fire, water damage, flooding, strikes, company occupations, exclusions, import and export restrictions, government measures, machinery defects, disruptions in energy supply, all both in the business of Mastergrass and with third parties from whom Mastergrass must obtain the necessary goods or services in whole or in part, as well as from all other causes that arise outside the fault or risk sphere of Mastergrass.
7.3. Also included in force majeure are all circumstances that can reasonably be considered to obstruct the delivery or timely delivery of the sold goods, such as late or non-delivery to Mastergrass by its supplier.
7.4. Mastergrass may suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, each party is entitled to terminate the agreement without being obliged to compensate the other party for damages.
7.5. To the extent that Mastergrass has partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled portion has independent value, Mastergrass is entitled to invoice the already fulfilled or to be fulfilled portion separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
8. Suspension, Termination, and Cancellation of the Agreement.
8.1. Mastergrass is authorized to suspend the fulfillment of its obligations or to terminate the agreement if the buyer fails to fulfill the obligations under the agreement, whether partially or not on time, if circumstances come to the attention of Mastergrass after the conclusion of the agreement that provide good reason to fear that the buyer will not fulfill the obligations, if the buyer was requested to provide security upon entering into the agreement and such security is absent or insufficient, or if due to delays on the part of the buyer, it can no longer be reasonably required of Mastergrass to fulfill the agreement under the originally agreed conditions.
8.2. Furthermore, Mastergrass is authorized to terminate the agreement if circumstances arise that make the fulfillment of the agreement impossible, or if other circumstances arise that make it unreasonable to require Mastergrass to maintain the agreement unchanged.
8.3. If the agreement is terminated, Mastergrass’s claims against the buyer become immediately due and payable. If Mastergrass suspends the fulfillment of its obligations, it retains its rights under the law and the agreement.
8.4. If Mastergrass suspends or terminates the agreement, it is in no way obligated to compensate for any damages or costs arising from such actions.
8.5. If the termination is attributable to the buyer, the buyer is obliged to compensate for the damage, including the costs, arising directly and indirectly from it. This also applies when the buyer—along with their garden—is prevented at the last moment. This must be communicated to Mastergrass in a timely manner at all times. “Timely” means no later than one week before the commencement of the work. Does a cancellation occur within one week before the commencement of the work?
In this case, Mastergrass will invoice 30% of the approved quotation as cancellation fees. This logically also applies when Mastergrass has already arrived on-site for installation but must leave without having completed the work.
8.6. If the buyer fails to fulfill its obligations arising from the agreement and this non-fulfillment justifies termination, Mastergrass is entitled to immediately terminate the agreement without any obligation to pay any compensation or indemnity, while the buyer is obligated to compensate or indemnify due to default.
8.7. In the event of liquidation, the (application for) suspension of payments or bankruptcy, the attachment of assets—if and to the extent that the attachment is not lifted within three months—against the buyer, debt restructuring, or any other circumstance that prevents the buyer from freely disposing of its assets, Mastergrass is free to immediately terminate the agreement or cancel the order without any obligation to pay any compensation or indemnity. In that case, Mastergrass’s claims against the buyer are immediately due and payable.
9. Transport, Delivery, Risk, Customs Duties
9.1. The delivery times specified by Mastergrass are not to be considered as a strict deadline. In the case of a late delivery, Mastergrass must first be given written notice of default by the buyer, and a reasonable additional period for delivery must be granted to Mastergrass. Exceeding the delivery time does not give rise to any claims from the buyer or compensation.
9.2. When the destination of the goods to be delivered is within the Netherlands, the provisions of this paragraph apply. For an order amount via the webshop equal to or greater than €500, including VAT, the transport costs are included in the price. Mastergrass will ensure insured transport. In the event that the order amount in the webshop is less than €500, including VAT, the transport costs shall be borne by the buyer. If the buyer chooses non-insured transport, this is at the buyer’s risk. In that case, Mastergrass is not liable for any damages resulting from this.
9.3. When the destination of the goods to be delivered is outside the Netherlands, the provisions of this paragraph apply. The transport costs are to be borne by the buyer. The buyer is free to have the goods transported with or without insurance. If the buyer chooses non-insured transport, this is at the buyer’s risk. Mastergrass is not liable for any damages resulting from this. Any customs duties are the responsibility of the buyer.
9.4. Delivery takes place “ex warehouse,” unless otherwise agreed. The risk of loss or damage to the delivered goods transfers to the buyer at the moment the goods are ready for shipment at Mastergrass’s factory or warehouse, and this has been communicated to the buyer, if the buyer is responsible for arranging transport.
10. Storage
10.1. If, for any reason, the buyer is unable to accept the delivery at the agreed time and the goods are ready for shipment, Mastergrass will, at the buyer’s request and as long as its storage facilities allow, store the delivered goods, secure them, and take all reasonable measures to prevent deterioration in quality until they are delivered to the buyer.
10.2. The buyer is obliged to reimburse Mastergrass for storage costs at the rate customary at Mastergrass, and, in the absence of such a rate, at the rate customary in the industry, starting from the time the goods are ready for shipment, or, if that is later, from the delivery date agreed upon in the contract.
11. Transfer of Ownership and Risk
11.1. Unless otherwise stated in paragraphs 2 and 4 of this article, the ownership of and risk for the delivered goods will transfer to the buyer upon delivery at the agreed location within the Netherlands.
11.2. However, as long as the buyer has not paid the full amount of the purchase price along with any additional costs to Mastergrass or has not provided security for this, Mastergrass expressly reserves ownership of the delivered goods. In that case, ownership will transfer to the buyer only once the buyer has fulfilled all his/her (financial) obligations to Mastergrass.
11.3. If Mastergrass has reasonable doubts regarding the buyer’s payment capacity, Mastergrass is entitled to postpone the delivery of the agreed goods until the buyer has provided security for payment. The buyer is liable for any damages suffered by Mastergrass due to this delayed delivery.
11.4. If Mastergrass postpones the shipment at the buyer’s request in accordance with the provisions of Article 10, the goods will remain the property of Mastergrass and will be at its risk until the goods have been delivered and handed over to the buyer.
12. Intellectual Property Rights
12.1. Mastergrass expressly reserves all intellectual and/or industrial property rights on designs, images, drawings, and quotes provided by it. All this information remains the property of Mastergrass and may not be copied, shown to third parties, or used in any other way without its express permission.
13. Price
13.1. The sales price quoted by Mastergrass is based on its purchase price and other cost factors. If any of these cost components increase after the order confirmation but before the delivery of the goods, Mastergrass has the right to pass that increase on to the buyer.
13.2. Without prejudice to the general applicability of this clause, it specifically applies to changes in import or export duties or other levies or taxes occurring after the dispatch of the order confirmation, as well as to changes in the exchange rate of the euro against the foreign currency in which Mastergrass purchased the goods.
14. Payment Terms
14.1. Payment of the invoices sent or issued by Mastergrass must be made before or during the delivery of the project, either in cash or to a bank account designated by the seller.
14.2. The buyer has no right to offset.
14.3. In the event of late payment, the buyer is automatically in default without the need for further notice of default. From the due date until the day of full payment, interest of 1% per year per month is owed on the amount due. Portions of a month will be counted as a full month.
14.4. All costs, both legal and extrajudicial, incurred by Mastergrass for the preservation and enforcement of its rights against the buyer shall be borne by the buyer. In the event of late payment of outstanding invoices, the extrajudicial collection costs will amount to 15% of the outstanding invoice amount, with a minimum amount of €200.
15. Applicable Law
15.1. Dutch law shall exclusively apply to all agreements with Mastergrass and any other agreements related thereto.
16. Disputes
16.1. All disputes which may arise between the buyer and Mastergrass as a result of the existing agreement between them or further agreements and other actions in connection with the present agreement such as for instance, though not exclusively, wrongful acts, undue payments and unjust enrichments, shall be settled by the District Court of Oost-Brabant, location ‘s-Hertogenbosch, except in so far as mandatory rules of jurisdiction would prevent this choice.
16.2. A dispute shall be deemed to exist as soon as either party so declares. The parties shall endeavour to resolve any dispute amicably first.
17. Warranty conditions
17.1 Mastergrass gives a 10-year warranty on:
Expressly excluded are all damages caused directly or indirectly by factors beyond the responsibility and influence of Mastergrass.
Excluded from warranty are damages caused by:
The application of the guarantee is full the first year and degressive from the 2nd year onwards.
2nd year: 85% of the areas approved by Mastergrass
Year 3: 70% of the areas approved by Mastergrass
4th year: 55% of the areas approved by Mastergrass
5th year: 40% of the areas approved by Mastergrass
6th year: 25% of the areas approved by Mastergrass
7th year and longer: 10% of the areas approved by Mastergrass
17.2 An elongation and shrinkage margin of 2% of the mat has been set from the factory. This means that due to circumstances, the mat could stretch and shrink minimally.
17.3 Warranty claims can only be made with regard to material defects and the artificial turf installation and will never go beyond repair or replacement or the removal of parts of or the entire artificial turf and this exclusively at the discretion of Mastergrass.
17.4 The claim shall never exceed the original selling price of the materials, excluding the cost of disposal by Mastergrass itself.
17.5 If replacement of parts of the synthetic turf system or of the entire synthetic turf takes place, the same shall be done on calculation of a reasonable compensation for the use since the date of delivery and/or installation and shall be adjusted by mutual agreement.
17.6 Warranty claims lapse without Mastergrass’ prior written consent to repair and/or replacement.
