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What are general terms and conditions for installation companies? They are the standard rules that an installer (central heating, sanitary, climate control) declares applicable to all their assignments: regarding warranty, liability, completion, payment, and additional work. They are separate from the specific price agreement and apply to every job, provided they have been properly declared applicable and have been provided before or at the time of concluding the agreement. Without proper general terms and conditions, you fall back on the statutory system — which often works out less favorably for an installation company.
The short answer
- What: standard rules that apply to all your installation and maintenance orders.
- Subject matter: warranty, liability, delivery, payment, additional work, retention of title.
- Function: mitigate risk and prevent disputes in the event of leakage, malfunction, or late payment.
- Condition: declare applicable and provide in a timely manner (Art. 6:233/6:234 BW).
- Difference between business and private: stricter protection applies to consumers (grey and black lists).
- Industry: many installers use the InstallQ terms and conditions or draw up their own terms and conditions.
What exactly are general terms and conditions for installation companies?
Legally, general terms and conditions are stipulations drawn up for use in a series of agreements — they do not relate to the core of the agreement (which installation, which price), but to all the surrounding conditions. For an installation company, this concerns the issues that determine who bears the cost in the event of problems: a leaking coupling, a central heating boiler that fails after delivery, a customer who does not pay, or parts that turn out to be more expensive than quoted.
The price and description of the work are stated in the quotation or order confirmation. The general terms and conditions supplement this with the ground rules that you do not want to renegotiate every time.
Which topics belong in it?
For an installer, these are the core topics:
- Warranty: what term applies to the installation itself, and how does it relate to the manufacturer's warranty on the boiler or heat pump? Often, the warranty is separated for materials (manufacturer) and for installation (installer).
- Liability: limited to the invoice amount or the amount paid out by the insurer, excluding consequential damage — crucial in the case of water damage or legionella.
- Delivery: when is the work considered delivered and accepted, and how are defects reported.
- Payment: payment term, advance payment, interest and collection costs for late payment.
- Additional work: how unforeseen work (for example, a rotten pipe behind the wall) is settled.
- Retention of title: delivered materials remain your property until full payment has been received.
Why are they legally important?
Without your own terms and conditions, the statutory system applies. This means, among other things, that your liability is in principle not limited, that a consumer enjoys extensive warranty and conformity protection, and that it is more difficult to maintain a strong position in the event of a dispute. Good general terms and conditions shift the balance within the limits permitted by law.
Note the distinction between business and private clients. If you enter into an agreement with a consumer, the protection of Section 6.5.3 of the Dutch Civil Code applies: clauses on the black list (Art. 6:236 BW) are always void, while clauses on the grey list (Art. 6:237 BW) are presumed to be unreasonably burdensome. An exclusion of liability that is perfectly fine with a contractor may fail with a private individual.
Hand over — otherwise they are not valid
Merely declaring them applicable is not enough. You must also give the other party a reasonable opportunity to review the terms and conditions (Articles 6:233 sub b and 6:234 of the Dutch Civil Code). In practice: send the terms and conditions along with the quotation, or hand them over before or at the conclusion of the agreement. Referring to “our terms and conditions are available for inspection” poses a risk for an installation company — in the case of a consumer, the condition may then be invalidated.
Example. An installer replaces a central heating boiler for a private individual. Months later, water damage occurs due to a leaking connection. The installer wants to limit his liability to the invoice amount but never sent his terms and conditions. The customer invalidates the clause, and the installer is liable for the full consequential damages.
InstallQ terms and conditions or your own terms and conditions?
Many certified installers use the industry terms and conditions of InstallQ (the quality register; the former Sterkin/UNETO-VNI system), often in combination with membership of Techniek Nederland. These conditions are tailored to the installation industry and are recognizable to customers. Disadvantage: they are generic and do not always align with your specific work — think of maintenance contracts, heat pumps, or larger commercial projects.
Custom terms and conditions provide greater control over warranty periods, liability limits, and payment arrangements that suit your business. Many installers opt for a custom set, tailored to their mix of installation and maintenance.
Honest recommendation
Do you work exclusively for private clients on simple, standardized jobs and do you use clear InstallQ industry terms and conditions that you always send along? Then you do not necessarily need a lawyer — just ensure that you consistently provide them. A lawyer only becomes truly valuable when you deal with larger business assignments, maintenance contracts, or higher damage risks (water, climate, legionella), or if you want your own terms and conditions that are more sharply tailored to your work.
In-depth and arrange immediately: general terms and conditions for installation companies , drafting and having general terms and conditions for installation companies drafted .
Frequently Asked Questions
Standard rules that an installer declares applicable to all his installation and maintenance orders. They govern warranty, liability, delivery, payment, additional work, and retention of title. They are separate from the price agreement and apply to every job, provided they have been declared applicable and provided in a timely manner.
Not legally required, but without your own terms and conditions, you fall back on the statutory system. In that case, your liability is in principle unlimited, and the consumer enjoys extensive protection. For risks such as water damage or Legionella, good terms and conditions are virtually indispensable.
For consumers, the protection of Section 6.5.3 of the Dutch Civil Code applies: clauses on the black list are void, while clauses on the grey list are presumed to be unreasonably burdensome. An exclusion of liability that is valid against a contractor may be annulled against a private individual.
Yes. Merely declaring them applicable is not enough; you must give the customer a reasonable opportunity to be aware of the terms and conditions (Art. 6:233/6:234 BW). Send them along with the quotation or hand them over before or at the conclusion of the agreement. Otherwise, a consumer can invalidate them.
Yes. Many certified installers use the InstallQ industry terms and conditions, often in combination with membership of Techniek Nederland. They are tailored to the industry and recognizable to customers, but generic. For maintenance contracts or larger projects, own terms and conditions are often more suitable.
Regarding the term and scope of the warranty on the installation. You often separate the warranty on materials (manufacturer, such as a boiler or heat pump) and on installation (installer). This prevents disputes about whether a defect falls under your warranty or that of the supplier.
Typically, liability is limited to the invoice amount or the amount paid out by the insurer, excluding consequential damages. This may be broad for business clients; for consumers, the limits of the grey and black lists apply. Have the wording reviewed in this regard.
