In providing its services, BRIKKS B.V. (Chamber of Commerce number 93404344) applies the following Terms and Conditions in addition to or in derogation from the law:
1.1 In these General Terms and Conditions, the following terms will have the following meanings:
The Engagement contract or contracts relating to our estate agency services and/or advisory services in relation to the transaction, excluding valuation services and tax, legal, management/accounting, technical and/or environmental advice.
The receipt of the document, signed by the Client, in which BRIKKS B.V. has laid down the Engagement;
The party issuing the Engagement to BRIKKS B.V., therefore the co-contracting party of BRIKKS B.V.;
BRIKKS B.V. and the Client;
The fee owed to BRIKKS B.V. by the Client, either at the end of the Engagement or upon its early termination;
These General Terms and Conditions, which apply to (peer and other) Engagements.
2.1 These General Terms and Conditions apply to all Engagements, form part of all contracts between BRIKKS B.V. and the Client, and apply to all associated (legal) acts on the part of BRIKKS B.V.
2,2 BRIKKS B.V. expressly rejects the applicability of any deviating general terms and conditions or stipulations on the Client’s part.
2.3 If and insofar as there should be a discrepancy between the Dutch text of the Terms and Conditions and any translation thereof, the Dutch text will prevail at all times.
3.1 These Terms and Conditions apply to the provision of services in relation to the property or the property subject to registration. Insofar as not provided otherwise, property will be understood to mean immovable items and limited rights to such items.
3.2 Unless expressly agreed otherwise, the agreed Fee and the additional costs/expenses will exclude statutory value added tax (VAT).
3.3 Cash payments will not be accepted.
3.4 All BRIKKS B.V. representatives will carry out the Engagements they have accepted to the best of their knowledge and ability and with due regard for the Client’s interests. Unless agreed otherwise, the BRIKKS B.V. representative may instruct others to carry out the activities required for the performance of the Engagement under their responsibility.
3.5 If an Engagement is granted by more than one person, each of them will be jointly and severally liable for the amounts owed to the BRIKSS B.V. representative on the grounds of that Engagement.
3.6 In the event of the death of the Client, the Engagement will end at the moment when the BRIKSS B.V. representative is notified of that death. The provisions of Clause 4.22 will apply by analogy.
3.7 Claims in relation to Fees owed will become due and payable if and as soon as the Engagement has been performed or ends for another reason, unless these Terms and Conditions expressly provide otherwise or the Client and the BRIKKS B.V. representative agree otherwise. This will also apply in respect of disbursements and expenses incurred. The Client and the BRIKKS B.V. representative may agree that the Client will pay in advance. They may also agree that disbursements and expenses incurred will be settled in the interim.
3.8 A Client who has been requested in writing, by means of an invoice or otherwise, for payment of Fees, disbursements or expenses and who fails to effect payment within 30 days of a second written request, will be liable from the moment this 30-day period expires for the judicial and extrajudicial costs which the BRIKKS B.V. representative incurred in order to secure payment of their claim. From that moment, the Client will also owe interest on that claim; the interest rate will be equal to the statutory rate (Section 6:120 of the Dutch Civil Code). This liability for collection costs and chargeability of interest will lapse if and insofar as this is decided in a judgment by a court designated for that purpose, in connection with this court’s ruling that the amount charged in Fees, disbursements or expenses by the BRIKKS B.V. representative is not owed.
4.1 Insofar as this section does not provide otherwise, an Engagement will mean an engagement to provide services in relation to the formation of a contract concerning property.
4.2 The BRIKKS B.V. representative will ensure that the Client is provided with information about the service package offered by the BRIKKS B.V. representative, the rights and obligations arising from the Engagement and the customary procedure in property transactions. If the BRIKKS B.V. representative regards a person as the Client but this person contests the existence of the Engagement and the existence of the Engagement does not appear from a document signed by the Client and addressed to the BRIKKS B.V. representative, the BRIKKS B.V. representative will not be entitled to payment of a Fee, disbursements or expenses, unless they can prove the existence of the Engagement in other ways.
4.3 Unless agreed otherwise, the following services, among others, will be available to the Client in the context of the Engagement:
4.4 The BRIKKS B.V. representative will refrain from accepting an Engagement with regard to a property in respect of which they already received an Engagement from another Client. If it follows from a current Engagement that the BRIKKS B.V. representative provides a service to that Client with regard to a property in respect of which they would simultaneously have to provide a service to another Client pursuant to another current Engagement, while the provision of the service to one Client runs contrary to the interests of the other Client, the BRIKKS B.V. representative will consult with either or both of these Clients, this being at the representative’s discretion. The BRIKKS B.V. representative will in any case hold these consultations as soon as the Clients concerned reach the negotiation stage. The consultations must result in the suspension or, where necessary, termination of one of the Engagements. During these consultations, the BRIKKS B.V. representative will also make the Client whose Engagement is suspended or terminated aware of the option to engage a fellow property expert. If contracts are formed with both Clients, whether in line with or contrary to the foregoing, the BRIKKS B.V. representative will be entitled to commission in relation to only one of them, provided that the law does not oppose the charging of commission.
4.5 Although the Engagement as such does not authorise the BRIKKS B.V. representative to conclude contracts on the Client’s behalf, authorisations may be attached to the Engagement and may also be granted at a later stage.
4.6 The Client will refrain from activities which may obstruct the BRIKKS B.V. representative in the fulfilment of their Engagement or interfere with their activities. The Client will not procure similar services from parties other than the BRIKKS B.V. representative, except insofar as express arrangements to the contrary have been made. The Client will not conclude a contract or conduct negotiations to that end without the knowledge of the BRIKKS B.V. representative.
4.7 If a Client grants Engagements to multiple estate agents, the provisions of this section will apply in full to each of those Engagements and the Client will therefore have to pay disbursements, expenses and commission to each of those estate agents in accordance with this section, except to the extent that express arrangements to the contrary have been made with one or several of these estate agents.
4.8 An Engagement is granted for an indefinite period. It will end because, for example:
The BRIKKS B.V. representative will have fulfilled the Engagement as soon as the envisaged contract has been formed as a result of the services provided by the representative. The fulfilment of the Engagement will not affect their obligation to assist the Client in the completion process. In the event of contracts whereby the definitive formation or implementation obligation depends on a suspensive or resolutive condition pursuant to a stipulation pertaining to the contract, the fulfilment of the Engagement will depend on this condition as well. The BRIKKS B.V. representative may only hand back the Engagement if there is a compelling reason to do so. Compelling reasons will in any case include the following:
The withdrawal or handing back of an Engagement must be confirmed in writing. The termination date of the Engagement will be the date on which the BRIKKS B.V. representative or the Client receives the written notification of the withdrawal or handing back respectively, or the later date specified in that notification. If the Engagement is terminated or suspended, costs may be charged in accordance with the provisions of Clauses 4.21, 4.22 and 4.23 of these General Terms and Conditions. After the end of the Engagement, commission may be payable in accordance with the provisions of Clause 4.14.
4.9 BRIKKS B.V. will perform the Engagements it has accepted to the best of its ability, with due regard for the Client’s legitimate interests, but does not guarantee the achievement of any envisaged result.
4.10 BRIKKS B.V. may also involve one or several persons in the performance of an Engagement who are not directly or indirectly associated with BRIKKS B.V. Any failure on the part of such a person can only be imputed to BRIKKS B.V. if the Client demonstrates that BRIKKS B.V. did not select this person with due care. Such a person will also be subject to these General Terms and Conditions.
4.11 The Client is obliged to provide cooperation to BRIKKS B.V. and to make all relevant details available in time which are or may be necessary for the proper and prompt performance of the Engagement by BRIKKS B.V.
4.12 The Client is responsible for the accuracy, completeness and reliability of the details and documents provided to BRIKKS B.V., also if those details and documents were obtained from or via third parties. BRIKKS B.V. assumes that the information which is provided to it by or on behalf of the Client, or which it obtains in other ways in connection with the performance of the Engagement, is correct and complete. The Client will inform BRIKKS B.V. truthfully and in full.
4.13 The Client will owe commission to the BRIKKS B.V. representative if a contract is formed during the term of the Engagement, even if this contract differs from the Engagement. This will also apply if this contract is not the result of services provided by the BRIKKS B.V. representative, unless it involves an Engagement from a Client, buyer or tenant and the property bought or rented is situated outside the area to which the Engagement relates.
4.14 The Client will also owe commission if the contract is formed after the end of the Engagement, but is the result of acts in contravention of Clause 4.6, or this formation is related to the provision of services by the BRIKKS B.V. representative to the Client during the term of the Engagement. Subject to proof to the contrary, this relationship will be presumed to exist if the contract is formed within three months of the end of the Engagement. If the Engagement ends as a result of withdrawal by the Client and the Client withdraws the Engagement with due observance of a time limit, the aforesaid three-month period will be reduced by the time elapsed between the moment when the BRIKKS B.V. representative receives the written notification of the withdrawal and that on which the Engagement ends. The foregoing will not apply if, at the time of the end of the Engagement, a similar Engagement has been granted to a professional property expert and the latter Engagement is still in force at the moment the contract is formed.
4.15 If a contract formed is not implemented because either Party fails to meet its obligations or for other reasons, this will not affect the entitlement of the BRIKKS B.V. representative to commission. In the event of contracts whereby the definitive formation or implementation obligation depends on a suspensive or resolutive condition pursuant to a stipulation pertaining to the contract, the entitlement to commission will depend on this condition as well, unless either Party or both Parties apply this condition otherwise than in accordance with its purport.
4.16 The amount of commission will depend on the type and content of the contract formed, even if this contract differs from the Engagement and irrespective of whether the contract was formed during the term or after the end of the Engagement. The amount will be determined by what was agreed by the BRIKKS B.V. representative and the Client. If commission becomes payable in accordance with the provisions of Clause 4.4 after the end of the Engagement, the BRIKKS B.V. representative has done very little work and the Client has had little to no benefit from this, the commission will equal a part of the rate, to be determined within reason.
4.17 The formation of a contract is also understood to mean the Client’s cooperation in an act as a result of which all or part of the property is sold, let or allocated to the Client and/or a third party and the Engagement requires no further performance for that reason.
4.18 No commission will be owed on the costs associated with the formation and implementation of a contract, such as notarial charges and property transfer tax. The chargeability and the amount of the commission will not be affected by the arrangements made on this point between the parties to the contract.
4.19 If the BRIKKS B.V. representative is unable, through the actions of the Client, to determine the amount on which they should charge commission, they will have the right to determine this amount on the basis of their own valuation, and the commission calculated on this amount will be owed.
4.20 Subject to the provisions of Clause 4.15, the commission will be due and payable at the moment when the contract is formed.
4.21 Unless agreed otherwise, the Client will reimburse the BRIKKS B.V. representative for the costs the latter incurs on the Client’s behalf. The BRIKKS B.V. representative must discuss the incurrence and extent of these costs with the Client in advance. The foregoing will also apply if the Engagement is suspended or ends through withdrawal, handing back or otherwise.
4.22 Without prejudice to the provisions of Clause 4.21, a Client who withdraws or suspends an Engagement for services will also owe a Fee to the BRIKKS B.V. representative. If no arrangements have been made about the level of this Fee, it must be determined within reason.
4.23 The Client and the BRIKKS B.V. representative may, if they have reason to do so, declare the provisions of Clause 4.22 applicable by analogy in the event that the Engagement ends otherwise than through withdrawal.
4.24 If the level of the commission has been made dependent on the purchase price, the purchase price will be understood to mean:
4.25 The following contracts are considered equivalent to purchase and sale:
4.26 If the purchase or sale involves not only the property but also immovable items (such as furniture, soft furnishings, and fixtures and fittings) or proprietary rights (such as goodwill), or if it also involves the transfer of proprietary rights such as amounts in compensation, registrations, contributions and similar claims against third parties, or if the parties agree such rights in relation to each other, the purchase price will also be understood to mean the purchase price of these items and proprietary rights.
4.27 If the level of the commission has been made dependent on the rent, the rent will be understood to mean:
4.28 Parts of rental years will count as whole rental years for the purpose of calculating the commission. Contracts for an indefinite period and contracts for less than five years which provide for extension by option or otherwise are regarded for the purpose of calculating the commission as contracts concluded for a period of five years or as much less as corresponds to the end date provided for in the contract. Option years or years of automatic extension included as options in contracts for a period of five years or longer will not affect the level of the commission.
4.29 The following contracts are considered equivalent to tenancy contracts:
4.30 If a purchase option, a right of first refusal or an obligation to purchase is agreed at the time of the formation of the tenancy contract for a sum of which the level or calculation method has been laid down in the contract or which must be determined with the help of the BRIKKS B.V. representative, and the purchase is effectuated during the agreed or extended term of the original or renewed tenancy contract, commission will also be owed for the purchase and sale, in accordance with the rates agreed in respect of purchase and sale. If no arrangements have been made about the level of the rates upon purchase and sale, the commission must be determined within reason.
4.31 If the tenancy also involves immovable items (such as furniture, soft furnishings, and fixtures and fittings) or proprietary rights (such as goodwill), the rent will also include the rent amount agreed for those items. If the items are included in the purchase and sale, or if proprietary rights such as amounts in compensation, registrations, contributions and similar claims against third parties are transferred, or if the parties agree such rights in relation to each other, commission will be owed thereon in accordance with the rates agreed in respect of purchase and sale. If no arrangements have been made about the level of the rates upon purchase and sale, the commission must be determined within reason.
BRIKKS B.V. has not adopted specific terms and conditions for this form of service provision.
BRIKKS B.V. has not adopted specific terms and conditions for this form of service provision.
7.1 In this section, a valuation Engagement is understood to mean an Engagement to make a value assessment and to issue a simple report in this respect. A valuation Engagement does not constitute an Engagement to perform a structural survey.
7.2 The report will comprise the Client’s name, a brief, concise description of the property valued, the associated land registry details, the requested assessment of the value and type of asset, an indication of special circumstances taken into account in this assessment, the purpose of the valuation and the date on which it was performed.
7.3 The report will be presented to the Client. The BRIKKS B.V. representative will accept responsibility for the content of the report only towards the Client. The Client will be free to show or provide the report or details laid down therein to third parties, unless it contains information that is evidently intended for the Client only, provided that the Client has paid the Fee owed to the BRIKKS B.V. representative and has made it clear to this third party that the BRIKKS B.V. representative does not accept liability towards third parties in respect of the content of the report. The BRIKKS B.V. representative will make the report available to third parties only after consultation with the Client.
7.4 If the Engagement is granted to multiple estate agents / valuers jointly, these estate agents / valuers will issue a joint report. This report will set out their joint findings. If the estate agents / valuers are unable to reach agreement on joint conclusions, they will hold consultations with the Client about issuing a report describing their varying conclusions.
7.5 If the rate has been made dependent on the assessed value, the assessed value will be understood to mean:
7.7 If the valuation is carried out pursuant to an Engagement granted to multiple advisors, the rate will be charged by each of them individually.
7.8 If an Engagement is withdrawn before it has been performed, the Client will owe the BRIKKS B.V. representative a Fee for the activities already carried out. If no arrangements have been made about the level of this Fee, it must be determined within reason.
7.9 Disbursements will be charged to the Client. Any travel and subsistence expenses incurred may also be charged within reason to the Client.
BRIKKS B.V. has not adopted specific terms and conditions for this form of service provision.
BRIKKS B.V. has not adopted specific terms and conditions for this form of service provision.
10.1. Unless otherwise stipulated in the Engagement Confirmation BRIKKS B.V. is not liable to the Client for any damage suffered by the Client as a result of a shortcoming in the performance of the Engagement, regardless of whether this is attributable to BRIKKS B.V., or on the basis of tort and/or any other legal basis, except in the case of intent and/or wilful misconduct.
10.2. BRIKKS B.V. cannot be held liable under any circumstances for indirect damage, including (but not limited to) loss of profit and turnover of the Client, missed savings, reputational damage, loss of goodwill or opportunities, business interruption and damage due to claims from third parties (including fines from regulators).
10.3. Without prejudice to the provisions of Articles 10.1 and 10.2, and unless otherwise stipulated in the Engagement Confirmation, the total liability of BRIKKS B.V., in all cases, and for whatever reason, is limited to an amount equal to the smallest of the following sums: (a) the Reimbursement (b) the amount paid out by the insurer of BRIKKS B.V.
10.4. The Client will take loss limitation measures.
10.5. The Client indemnifies BRIKKS B.V. and persons affiliated with BRIKKS B.V. against all claims from third parties, including the costs of legal assistance, which are in any way related to the Engagement or any shortcoming of the Client under the Engagement.
10.6. In the event of an Engagement from another estate agent, BRIKKS B.V. will not be liable for losses due to imputable failures, wrongful acts or whatever other breaches committed by this other estate agent in the performance of the Engagement. In the event of a peer Engagement, these General Terms and Conditions will prevail over those of the other estate agent.
10.7. Without prejudice to the provisions of Article 6:89 of the Dutch Civil Code (whereby we use two months as a reasonable time), the right to compensation from the Client lapses one year after termination/completion of the Engagement or one year after the expiry of the event from which the damage directly or indirectly arises and the Client was aware of or could reasonably have been aware of the damage and BRIKKS B.V. as the party liable for it.
10.8. Any liability for whatever reason of the persons affiliated with BRIKKS B.V. is expressly excluded. In these General Terms and Conditions, affiliated persons are also understood to mean employees, directors, interns, temporary workers and freelancers. All provisions in these General Terms and Conditions are also stipulated for the persons affiliated with BRIKKS B.V. The preceding sentence is an irrevocable third party clause for the benefit of the persons affiliated with BRIKKS B.V.
11.1 Both during the term and after the end of the Engagement, BRIKKS B.V. and the Client will treat the information available and exchanged in relation to the Engagement confidentially, and not disclose this information to third parties without our consent or that of the Client, unless (i) a Party is obliged to do so pursuant to the law, a request from a regulator and/or a court ruling, (ii) the information is in the public domain, and/or (iii) the use of this information is necessary for the performance of the Engagement.
11.2 BRIKKS B.V. may publicise that it is or was involved as an advisor in the transaction to which the Engagement relates. In doing so, BRIKKS B.V. will make use of the materials available (such as logos, photographs and details of the transaction).
12.1 By signing the Engagement Confirmation, the Client confirms that they have not been involved in any way in money laundering and/or terrorist financing as described in the Money Laundering and Terrorist Financing (Prevention) Act.
12.2. During the term of the Engagement, the Parties will refrain from activities that are in conflict with the Money Laundering and Terrorist Financing (Prevention) Act.
12.3 The Client is obliged to provide BRIKKS B.V. in good time with all relevant information the latter may reasonably require to meet its obligations arising from the Money Laundering and Terrorist Financing (Prevention) Act.
13.1 BRIKKS B.V. reserves all rights relating to products of the mind which BRIKKS B.V. uses or used in the context of the performance of the Engagement, insofar as these arise from the law.
13.2 The Client is expressly not permitted to multiply, publish or market the products of BRIKKS B.V., including computer programs, system designs, working methods, recommendations, models, techniques, instruments, (model) contracts and other intellectual products, all this in the broadest sense, either directly or through the agency of third parties, unless the Client has obtained the prior written consent of BRIKKS B.V. The Client is permitted to multiply documents for use within their own organisation insofar as this is in line with the purpose of the Engagement. In the event of early termination, the foregoing will apply by analogy.
14.1 The contracts between the Client and BRIKKS B.V. will be governed by Dutch law. Any and all disputes between the Client and BRIKKS B.V. arising from the contracts they have concluded, including disputes regarding commission, costs and fulfilment of the Client’s payment obligations towards BRIKKS B.V., will be submitted exclusively to the competent Dutch court in Amsterdam.
14.2 In the event of an Engagement from another estate agent, BRIKKS B.V. will not be liable for losses due to imputable failures, wrongful acts or whatever other breaches committed by this other estate agent in the performance of the Engagement. In the event of a peer Engagement, these General Terms and Conditions will prevail over those of the other estate agent.
14.3 Any liability on the part of BRIKKS B.V. will be limited to a maximum amount equalling the commission owed, and any compensation claim against BRIKKS B.V. will expire after the lapse of one year following the termination/fulfilment of the Engagement or, in the event of losses, after the lapse of one year following the event that directly or indirectly caused the loss for which BRIKKS B.V. is liable. The liability will never exceed the amount paid out by the insurer of BRIKKS B.V.
14.4 If and insofar as there should be a discrepancy between the Dutch text of these General Terms and Conditions and any translation thereof, the Dutch text will prevail at all times.
These General Terms and Conditions were most recently updated on 11 December 2024.