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Terms and conditions

These are the general terms and conditions of Aanpakkers XL VOF for business clients. They apply to the temporary employment and secondment of staff, to work that Aanpakkers XL carries out as a contractor or subcontractor, and to services such as watercourse surveys (schouw) and inspections. Part A applies to all agreements. In addition, Part B applies to the placement of temporary workers and Part C to works and services. Part D contains the final provisions.

Part A. General

Article 1. Definitions

1.1 In these terms and conditions, the words below have the meaning set out after them. They are written with a capital letter.

  • Aanpakkers XL: Aanpakkers XL VOF, De Heikampen 7, 5482 ZR Schijndel, e-mail info@aanpakkersxl.nl.
  • Client: the party that asks Aanpakkers XL for a quotation, gives it an Assignment or concludes an Agreement with it, and that acts in the course of a profession or business, or a public authority such as a municipality or water board. In a Placement, the Client is the hirer (inlener); in subcontracting, the main contractor.
  • Assignment: the order placed by the Client with Aanpakkers XL for a Placement, Works or Services.
  • Agreement: any agreement between Aanpakkers XL and the Client concerning one or more Assignments, including a framework agreement.
  • Order Confirmation: the quotation accepted by the Client or the written confirmation of an Assignment by Aanpakkers XL, setting out the arrangements for that Assignment, such as prices, rates, amounts and periods.
  • Temporary Worker: the natural person whom Aanpakkers XL makes available to the Client to work under the Client’s supervision and direction.
  • Placement: making one or more Temporary Workers available to the Client, through temporary employment or secondment.
  • Works: work of a material nature that Aanpakkers XL produces and delivers for the Client (aanneming van werk, a contract for works, Article 7:750 BW (Dutch Civil Code)), such as installing safety fencing and LTAE signs, track maintenance and laying out and maintaining green spaces.
  • Services: activities that are neither Works nor a Placement (overeenkomst van opdracht, a contract for services, Article 7:400 BW), such as watercourse surveys (schouw) and inspections for water boards.
  • Staff Member: anyone whom Aanpakkers XL deploys for Works or Services, such as its own employees, self-employed contractors (zzp’ers) and subcontractors and their staff.
  • Rate: the amount the Client pays for a Temporary Worker per hour, or per other agreed unit.

1.2 Where these terms and conditions say ‘in writing’, this also includes e-mail or another electronic message that the recipient can store.

1.3 A reference to a statute or statutory provision refers to the text as it applies at the relevant time. These terms and conditions also mention changes in the law that have already been adopted, with the date on which they take effect. If such a change is postponed or amended, the arrangement applies in accordance with the law as it applies at that time.

1.4 In these terms and conditions, BW stands for Burgerlijk Wetboek (Dutch Civil Code), Waadi for Wet allocatie arbeidskrachten door intermediairs (Placement of Personnel by Intermediaries Act), Wtta for Wet toelating terbeschikkingstelling arbeidskrachten (Admission of Placement of Workers Act), Arbowet for Arbeidsomstandighedenwet (Working Conditions Act), Wav for Wet arbeid vreemdelingen (Foreign Nationals Employment Act) and AVG for Algemene verordening gegevensbescherming (the GDPR as applied in the Netherlands).

Article 2. Applicability

2.1 These terms and conditions apply to all quotations, Assignments and Agreements of Aanpakkers XL and to everything Aanpakkers XL does to prepare or perform an Agreement.

2.2 These terms and conditions are intended only for business Clients. They do not apply to consumers: natural persons who do not act in the course of a profession or business.

2.3 Aanpakkers XL expressly rejects the applicability of the Client’s general terms and conditions, such as purchasing conditions.

2.4 Deviations from these terms and conditions apply only if the parties have expressly agreed them in writing, and only to the Assignment for which they were agreed.

2.5 Part A and Part D apply to every Agreement. In addition, Part B applies to a Placement, and Part C to Works and to Services. In the event of conflict between provisions, the Order Confirmation prevails, followed by Part B or Part C, and then Part A and Part D.

2.6 Once the parties have concluded an Agreement on the basis of these terms and conditions, they also apply to later Assignments, even if they were not sent again with them.

2.7 If Aanpakkers XL does not immediately require compliance with a provision, it retains the right to do so later.

Article 3. Quotations and formation of the Agreement

3.1 Quotations from Aanpakkers XL are without obligation. A quotation lapses if the Client has not accepted it within 30 days, unless the quotation states a different period.

3.2 A quotation is based on the information provided by the Client. If that information proves to be incorrect or incomplete, Aanpakkers XL may adjust the quotation.

3.3 An Agreement is formed when the Client accepts a quotation in writing, when Aanpakkers XL confirms an Assignment in writing, or when Aanpakkers XL starts performance with the Client’s consent.

3.4 If the acceptance deviates from the quotation, the Agreement is formed only if Aanpakkers XL agrees to the deviation in writing.

3.5 Commitments made by Temporary Workers or Staff Members bind Aanpakkers XL only if it has confirmed them in writing.

Article 4. Performance

4.1 Aanpakkers XL performs the Agreement with care and expertise.

4.2 Aanpakkers XL may engage third parties for the performance to the extent permitted by law. It then remains responsible to the Client for the performance.

4.3 The Client provides Aanpakkers XL in good time with all information, access and cooperation that Aanpakkers XL reasonably needs to perform the Agreement properly and safely. The Client reports circumstances that are relevant to the performance or to safety immediately.

Article 5. Prices and rates

5.1 Prices, rates and other amounts are set out in the Order Confirmation. They are in euros and exclusive of VAT.

5.2 If, after the Order Confirmation, the costs of Aanpakkers XL increase as a result of a change in legislation or regulations, such as the statutory minimum wage, social security contributions or taxes, or as a result of a collective labour agreement (cao) that applies to Aanpakkers XL or its staff, Aanpakkers XL may pass on that increase from the date on which it takes effect. This does not apply to a fixed price for Works or Services that are completed within three months of the Order Confirmation.

5.3 Aanpakkers XL may adjust the prices and rates of an Agreement for an indefinite period or for longer than one year once a year, as of 1 January, in line with the development of wages and other costs. It gives at least 30 days’ written notice of this.

5.4 For a Placement, the rate adjustments in Article 16 also apply.

Article 6. Invoicing and payment

6.1 Aanpakkers XL invoices a Placement periodically on the basis of the approved hours (Article 17). It invoices Works and Services in accordance with the instalments in the Order Confirmation, and otherwise according to progress or on completion.

6.2 The Client pays each invoice within 30 days of the invoice date into the account stated on the invoice. A payment into a G-account (G-rekening, a blocked account for wage taxes and VAT) under Article 24 or 36 counts as payment of that part of the invoice.

6.3 The Client may not suspend payment or set it off against a claim on Aanpakkers XL, unless Aanpakkers XL has acknowledged that claim in writing or a court has awarded it in a final and unappealable judgment.

6.4 The Client reports objections to an invoice in writing, stating reasons, within 14 days of the invoice date. An objection does not give the right to pay the undisputed part later.

6.5 If the Client does not pay on time, it is in default without any notice of default being required. It then owes the statutory commercial interest from the day after the final payment date (Article 6:119a BW).

6.6 A Client that does not pay on time also owes the extrajudicial collection costs. These are calculated according to the scale in the Besluit vergoeding voor buitengerechtelijke incassokosten (Extrajudicial Collection Costs Decree), with a minimum of €40 per invoice (Article 6:96(4) BW).

6.7 If Aanpakkers XL has good reason to fear that the Client will not pay, or will not pay on time, it may require an advance payment or security, such as a bank guarantee, before it starts or continues performance.

Article 7. Liability

7.1 Aanpakkers XL is liable only for direct damage resulting from a failure in performance that is attributable to it. For a Placement, Article 21 also applies.

7.2 Aanpakkers XL is not liable for indirect damage. Indirect damage is: loss of profit, missed savings, loss of turnover and production, damage due to business interruption or delay, loss of or damage to data, and fines, discounts and compensation for delay that the Client must pay to its own client, to a railway infrastructure manager or to another third party. Personal injury and damage to property are not indirect damage.

7.3 To the extent that Aanpakkers XL is liable, its liability per event is limited as follows:

  • If the damage is covered by a liability insurance policy of Aanpakkers XL, to the amount paid out by the insurer in that case, plus the deductible that is borne by Aanpakkers XL under the policy.
  • If no insurer pays out, to the amount (exclusive of VAT) that Aanpakkers XL has invoiced or is entitled to invoice for the Assignment to which the damage relates over the three months before the event that caused the damage. If the Assignment lasts less than three months, the amount (exclusive of VAT) that Aanpakkers XL is entitled to invoice for the entire Assignment applies.

7.4 A series of related events counts as one event.

7.5 The exclusions and limitations of liability in these terms and conditions do not apply if the damage was caused by intent or deliberate recklessness on the part of Aanpakkers XL or its management, nor to the extent that mandatory law precludes them.

7.6 The limitations in this article apply to any liability of Aanpakkers XL, including liability in tort, and also to any obligation of Aanpakkers XL to compensate or indemnify the Client.

7.7 Temporary Workers, Staff Members and others whom Aanpakkers XL engages in the performance may also invoke this article against the Client.

7.8 The Client reports damage to Aanpakkers XL in writing as soon as possible and gives Aanpakkers XL the opportunity to investigate and limit the damage. The right to compensation lapses if the Client has not reported the damage in writing within twelve months after it discovered it or could reasonably have discovered it.

7.9 Where the Client indemnifies Aanpakkers XL under these terms and conditions, it also reimburses the reasonable costs of defence. Aanpakkers XL notifies the Client as soon as possible of a claim for which it invokes the indemnity, consults the Client about the defence and does not admit the claim without the Client’s consent, unless the law requires it to do so. The Client does not withhold its consent without reasonable grounds.

Article 8. Force majeure

8.1 Aanpakkers XL is not liable if it does not perform its obligations, or does not perform them on time, due to force majeure: a circumstance that is not attributable to it (Article 6:75 BW). This includes in any event:

  • weather in which work cannot be carried out safely or responsibly, such as storms, thunderstorms, heavy rain, frost, ice or high water;
  • a track possession (buitendienststelling) or other access to the railway that does not go ahead, is moved or is shortened, if this is not due to Aanpakkers XL;
  • measures and decisions of public authorities, railway infrastructure managers or water authorities;
  • a strike, lockout or occupation of a business;
  • illness or other unexpected absence of staff, if no replacement is reasonably available;
  • failures by suppliers or other third parties that Aanpakkers XL could not reasonably foresee or prevent;
  • disruptions to traffic and transport, fire, accidents and epidemics.

8.2 For as long as the force majeure lasts, the obligations of Aanpakkers XL are suspended. If the force majeure lasts longer than two months, either party may dissolve the Agreement in writing for the part not yet performed, without owing any compensation for doing so.

8.3 The Client pays for what Aanpakkers XL had already performed before the force majeure. Force majeure on the part of the Client does not release it from the obligation to pay for what has already been performed.

Article 9. Suspension and dissolution

9.1 Aanpakkers XL may suspend performance of the Agreement, and in the case of a Placement withdraw the Temporary Workers, if:

  • the Client does not pay an invoice on time;
  • the Client does not provide an advance payment or security under Article 6.7 on time;
  • the Client does not comply with its obligations regarding safety, or the safety of Temporary Workers or Staff Members is seriously endangered in another way;
  • the Client does not provide the information, access or cooperation referred to in Article 4.3 on time.

9.2 Aanpakkers XL gives written notice of a suspension. It is not liable for damage caused by a justified suspension. If the suspension results from a failure by the Client, the costs that Aanpakkers XL incurs as a result are for the Client’s account, such as wages of Temporary Workers and Staff Members whom Aanpakkers XL cannot deploy elsewhere.

9.3 Aanpakkers XL may terminate or dissolve the Agreement in whole or in part with immediate effect, to the extent permitted by law, if the Client is declared bankrupt, applies for a suspension of payments (surseance van betaling), becomes subject to a debt restructuring scheme, ceases its business, or if an attachment is levied on a substantial part of its assets.

9.4 If Aanpakkers XL terminates or dissolves the Agreement under this article, everything the Client owes it becomes immediately due and payable. The Client in any event pays for what Aanpakkers XL has performed up to that moment.

Article 10. Confidentiality and intellectual property

10.1 The parties keep confidential information they receive from each other secret and use it only for the Agreement. This does not apply to information that is already public, or that a party must provide under the law or a court decision.

10.2 Aanpakkers XL ensures that its Staff Members observe this confidentiality. Temporary Workers are not party to the Agreement. At the Client’s request, Aanpakkers XL asks a Temporary Worker to sign a confidentiality statement of the Client. Aanpakkers XL is not liable if a Temporary Worker, who works under the supervision and direction of the Client, breaches that statement.

10.3 Quotations, drawings, plans, calculations and reports of Aanpakkers XL remain its property. After payment, the Client may use them for the purpose for which they were made, including within its own organisation and towards its own client. Without the written consent of Aanpakkers XL, the Client does not give them to third parties for any other purpose.

Article 11. Personal data

11.1 Aanpakkers XL and the Client are each an independent controller within the meaning of the AVG for the personal data they process in connection with the Agreement. Neither party is a processor for the other.

11.2 Aanpakkers XL provides the Client only with the personal data of Temporary Workers and Staff Members that the Client needs for the Assignment or to comply with its own legal obligations. Aanpakkers XL provides a copy of the identity document of a Temporary Worker who is a national of a country of the European Union (EU), the European Economic Area (EEA) or Switzerland only if the law requires it.

11.3 The Client uses this data only for the Placement or the Assignment and for its own legal obligations, such as identifying Temporary Workers, registration under the Waadi, its records for hirer’s liability (inlenersaansprakelijkheid) and access to the workplace. It secures the data properly, does not keep it longer than necessary or required by law, and does not ask about or record the nature or cause of a Temporary Worker’s illness.

11.4 The Client notifies Aanpakkers XL without undue delay, and if possible within 24 hours, of a data breach involving this data. It immediately forwards to Aanpakkers XL any request or complaint from a Temporary Worker or Staff Member about this data that also concerns Aanpakkers XL.

11.5 Aanpakkers XL processes the personal data of the Client’s contact persons in accordance with its privacy statement at www.aanpakkersxl.nl.

Part B. Placement of Temporary Workers

Article 12. Application and direction

12.1 This part applies in addition to Part A when Aanpakkers XL makes Temporary Workers available to the Client, through temporary employment or secondment.

12.2 The Temporary Worker works under the supervision and direction of the Client. Aanpakkers XL is the employer of the Temporary Worker, pays the wages and pays the payroll taxes. For the purposes of the Arbowet, the Client counts as the employer (Article 1 Arbowet).

12.3 The Client has the Temporary Worker do only work that fits the job and the workplace in the Order Confirmation. The Client first agrees any change of job, workplace or working hours with Aanpakkers XL, because the pay may change as a result.

12.4 Aanpakkers XL makes reasonable efforts to supply Temporary Workers who meet the requirements the Client has specified under Article 14.

Article 13. Registration and admission of Aanpakkers XL

13.1 Aanpakkers XL meets the requirements that the law sets for a business that makes workers available, in accordance with the law as it applies at that time. Until 1 January 2028, these include registration in the Handelsregister (Commercial Register) with the activity ‘ter beschikking stellen van arbeidskrachten’ (making workers available) (Article 7a Waadi).

13.2 From 1 January 2028, a business may make workers available only if the law permits it to do so on the basis of an admission under the Wtta (Article 12c Waadi). From that date, Aanpakkers XL makes Temporary Workers available only if it meets that requirement. On request, it informs the Client of the status of its application.

13.3 If the admission of Aanpakkers XL is suspended or revoked, or if it is not granted admission, it notifies the Client of this immediately in writing. The Client may then not have the Temporary Workers work for as long as the law prohibits this (Article 12d Waadi). In that case, either party may end the Placement with immediate effect. The Client pays for the hours worked up to that moment.

13.4 As soon as the public register of the Nederlandse Autoriteit Uitleenmarkt (NAU, the Dutch Authority for the Labour Supply Market) makes this possible (according to the NAU’s planning, from 1 July 2027), the Client checks before the start, and regularly after that, whether Aanpakkers XL holds a valid admission. It keeps proof of that check.

Article 14. Information before the start and selection

14.1 Before the start, the Client gives Aanpakkers XL in writing a correct and complete description of the work, including in any event:

  • the job and the tasks;
  • the required training, experience, certificates and passes;
  • the workplace, the working hours and the expected duration;
  • special circumstances, such as work on or near the railway, on or by the water, or with machinery.

14.2 In the selection, the Client does not set requirements that conflict with equal treatment legislation. Aanpakkers XL does not follow such requirements.

14.3 If the Client requires a verklaring omtrent het gedrag (VOG, a certificate of conduct), a medical examination or other screening, it reports this before the start and this is stated, together with the costs, in the Order Confirmation. Aanpakkers XL then only informs the Client whether the Temporary Worker meets the requirement. It does not share the content of the certificate or examination, unless the law permits this.

Article 15. Pay and terms of employment of the Temporary Worker

15.1 Aanpakkers XL pays the Temporary Worker in accordance with the law as it applies at that time, and in accordance with the collective labour agreement that applies to the Temporary Worker, if there is one. Under Article 8 Waadi, the Temporary Worker is entitled to at least the same pay, the same other allowances and the same working hours as employees of the Client in the same or an equivalent job. From 31 December 2026, the Temporary Worker is also entitled to at least equivalent other terms of employment (Wet meer zekerheid flexwerkers (More Security for Flexible Workers Act)).

15.2 Before the start of each Placement, the Client gives Aanpakkers XL in writing complete and correct information about the terms of employment that apply at the Client to employees in the same or an equivalent job (Article 12a Waadi). These include in any event:

  • the collective labour agreement or other arrangement that applies at the Client, the job, the pay scale and the step within it;
  • pay increases and the date on which they take effect;
  • the number of working hours, working times, breaks and rest periods, and reduction of working hours;
  • allowances, such as for overtime, shift work, irregular hours, night work, weekends and public holidays;
  • holiday entitlement, holiday allowance and other periodic payments, such as an end-of-year payment;
  • expense allowances, such as for travel, travel time, tools, clothing and accommodation;
  • from 31 December 2026, also the other terms of employment needed to give the Temporary Worker at least equivalent terms of employment, such as pension and leave.

15.3 If these terms of employment change during the Placement, the Client notifies Aanpakkers XL in good time, if possible before the change takes effect and otherwise immediately after it becomes aware of it. From 1 January 2027 this is also a legal obligation (Article 12a Waadi). Aanpakkers XL passes the information on to the Temporary Worker.

15.4 If the information proves to be incorrect or incomplete, or arrives too late, Aanpakkers XL adjusts the Temporary Worker’s pay, retroactively if necessary. The Client bears the consequences of this. It pays the adjusted Rate (Article 16) and reimburses the interest, fines and other costs that Aanpakkers XL must pay as a result to the Temporary Worker, supervisory authorities or inspection bodies, except to the extent that Aanpakkers XL itself fell short.

15.5 The Client gives Temporary Workers the same access to facilities in its business as its own employees, such as the canteen and transport (Article 8b Waadi). It informs them in good time and clearly about vacancies in its business (Article 8c Waadi).

Article 16. Rate and rate adjustments

16.1 The Client pays, per Temporary Worker, the Rate stated in the Order Confirmation. For overtime, shift work, irregular hours and work on public holidays, a higher Rate applies that is in line with the allowances the Client pays to its own employees. Aanpakkers XL charges expense allowances that it must pay to the Temporary Worker as stated in the Order Confirmation.

16.2 Aanpakkers XL adjusts the Rate if the wage costs of the Temporary Worker change as a result of:

  • information or changes as referred to in Article 15;
  • a pay increase or periodic increase at the Client;
  • a change in the statutory minimum wage, which is adjusted every year on 1 January and 1 July;
  • a change in a collective labour agreement that applies to the Temporary Worker;
  • a change in legislation or regulations, such as social security contributions and taxes, or a judgment or decision of a court or public authority.

16.3 An adjustment under Article 16.2 takes effect on the date on which the wage costs change, even if this is retroactive and even if the Placement has already ended by then. Aanpakkers XL gives written notice of the adjustment as soon as possible.

Article 17. Working hours, minimum hours and time recording

17.1 The Client sets the working and rest times of the Temporary Worker in consultation with Aanpakkers XL. In doing so, it complies with the Arbeidstijdenwet (Working Hours Act) and with the rules that apply in its business.

17.2 For each day on which a Temporary Worker comes to work at the Client’s request, the Client pays at least 4 hours per Temporary Worker, even if it has the Temporary Worker work fewer hours. This is an arrangement between the parties about invoicing; the rights of the Temporary Worker towards Aanpakkers XL are separate from it.

17.3 Aanpakkers XL charges the Client for costs that Aanpakkers XL must incur towards the Temporary Worker because the Client cancels or shortens an agreed working day or working period, such as wages for a cancelled call-out.

17.4 Hours that a Temporary Worker spends at the Client’s request on instruction, training or examination, or on travel between workplaces during working hours, count as hours worked.

17.5 The Client records, per Temporary Worker per day, the start and end times, the breaks and the workplace. It approves the hours worked every week, no later than the first working day after the end of the week, in the manner Aanpakkers XL indicates. It keeps its time records for as long as the law prescribes.

17.6 If the Client does not approve the hours on time, Aanpakkers XL may invoice on the basis of the hours stated by the Temporary Worker, unless the Client proves that they are incorrect.

Article 18. Duration, extension and end

18.1 An Assignment for a Placement applies for a fixed or an indefinite period, as stated in the Order Confirmation. An Assignment for a fixed period ends automatically on the agreed end date. Early termination is possible only if this has been agreed in writing.

18.2 Either party may terminate an Assignment for an indefinite period in writing with a notice period of 30 days, unless the Order Confirmation states a different period. Termination is also possible for one or more Temporary Workers separately.

18.3 If the Client ends a Placement earlier than the Agreement permits, it pays the Rate for the agreed hours until the moment at which the Placement could have validly ended. This is reduced by what Aanpakkers XL saves as a result, for example because it can deploy the Temporary Worker elsewhere.

18.4 If the Client wishes to extend an Assignment for a fixed period, it gives written notice of this no later than five weeks before the end date. This allows Aanpakkers XL to meet its obligations towards the Temporary Worker on time.

18.5 When a Placement ends, Aanpakkers XL can end the employment contract with the Temporary Worker only to the extent that the law and any applicable collective labour agreement permit, in accordance with the law as it applies at that time. A temporary agency clause (uitzendbeding, Article 7:691 BW) ends the employment contract when the Placement ends at the Client’s request. Until 1 January 2028, a temporary agency clause applies for no more than 26 weeks worked, or longer if an applicable collective labour agreement permits. From 1 January 2028, this is no more than 52 weeks, and the temporary agency clause cannot be invoked while the Temporary Worker is unable to work due to illness (Wet meer zekerheid flexwerkers).

18.6 If a Temporary Worker has an employment contract that does not end when the Placement ends, Aanpakkers XL informs the Client of this before the start. The parties then set out in the Order Confirmation a minimum duration or a notice period that fits this.

Article 19. Illness, unsuitability and replacement

19.1 The Client notifies Aanpakkers XL immediately if a Temporary Worker reports sick to the Client, does not turn up for work or cannot work because of an accident.

19.2 Aanpakkers XL does not charge the Rate for hours in which a Temporary Worker does not work due to illness.

19.3 A Placement does not end during the Temporary Worker’s illness to the extent that the law or an applicable collective labour agreement prohibits this. From 1 January 2028, this applies in any event to a temporary agency clause (Article 18.5). If the Client wishes to end the Placement of a sick Temporary Worker, the Placement ends on the first day on which this is permitted under the law and the collective labour agreement.

19.4 In the event of illness or other absence of a Temporary Worker, or if the Client reports, with reasons, that a Temporary Worker is not suitable, Aanpakkers XL makes reasonable efforts to send a replacement with comparable qualifications as soon as possible. If this does not succeed, Aanpakkers XL is not liable for it.

19.5 Aanpakkers XL may, in consultation with the Client, replace a Temporary Worker with another Temporary Worker with comparable qualifications, for example if the Temporary Worker’s employment contract ends. The Client may refuse a replacement only for a reasonable reason.

Article 20. Working conditions and safety

20.1 The Client ensures the safety and health of the Temporary Worker as it must do for its own employees. In doing so, it complies with the Arbowet and with the rules that apply at the workplace, such as the safety rules of ProRail or another railway infrastructure manager.

20.2 Well before the start, the Client gives Aanpakkers XL in writing the description from its risk inventory and evaluation (risico-inventarisatie en -evaluatie, RI&E) of the hazards and risks at the workplace and the measures against them, and the required professional qualifications (Article 5(5) Arbowet). Aanpakkers XL passes this information on to the Temporary Worker (Article 11 Waadi). As long as this information is missing, Aanpakkers XL does not have to let a Temporary Worker start.

20.3 The Client gives the Temporary Worker information and instruction about the work and the risks, and supervises compliance with them (Article 8 Arbowet). It provides the personal protective equipment needed for the work free of charge and supervises its correct use, unless the Order Confirmation states that Aanpakkers XL supplies certain equipment. In that case, the costs of that equipment are stated in the Order Confirmation.

20.4 If a Temporary Worker must obtain training, an examination or a pass for the work that they do not yet have, such as VCA or a rail safety pass, the costs are for the Client’s account, unless the Order Confirmation states otherwise.

20.5 In the event of an occupational accident or occupational disease involving a Temporary Worker, the Client informs Aanpakkers XL immediately. If an accident leads to death, permanent injury or admission to hospital, the Client reports it immediately to the Nederlandse Arbeidsinspectie (Netherlands Labour Authority) (Article 9 Arbowet). It records the accident in its accident register, investigates the cause and gives Aanpakkers XL a copy of the investigation report.

20.6 If the safety of a Temporary Worker is seriously endangered, Aanpakkers XL may have that Temporary Worker’s work interrupted until the Client has removed the danger. If the cause lies with the Client, it remains liable to pay the Rate for those hours.

20.7 Under Article 7:658(4) BW, the Client is liable towards the Temporary Worker for damage that the Temporary Worker suffers in the performance of their work. These terms and conditions do not detract from that liability or from the rights of the Temporary Worker. As between the parties, this damage is for the Client’s account: the Client indemnifies Aanpakkers XL against claims by the Temporary Worker, the Temporary Worker’s surviving relatives and third parties seeking recourse, such as insurers and benefit agencies, for damage that the Temporary Worker suffers while working for the Client. This does not apply to the extent that the damage results from a failure by Aanpakkers XL itself.

20.8 The Client adequately insures its liability for damage that Temporary Workers suffer or cause, and shows Aanpakkers XL proof of this on request.

Article 21. Liability for the work of Temporary Workers

21.1 Because the Temporary Worker works under the supervision and direction of the Client, Aanpakkers XL is not liable for:

  • damage that a Temporary Worker causes to the Client or to third parties during the work;
  • the quality and the result of the Temporary Worker’s work;
  • obligations that a Temporary Worker enters into on behalf of the Client.

21.2 The Client indemnifies Aanpakkers XL against claims by third parties for damage that a Temporary Worker has caused while working for the Client (see also Article 6:170 BW).

21.3 Articles 21.1 and 21.2 do not apply to the extent that the damage results from a failure by Aanpakkers XL itself, for example because it sent a Temporary Worker without the qualifications required under the Order Confirmation. Article 7 applies to that damage.

Article 22. Strikes, lockouts and occupations

22.1 Aanpakkers XL does not make Temporary Workers available to a business, or part of a business, where a strike, lockout or occupation is taking place (Article 10 Waadi).

22.2 The Client notifies Aanpakkers XL immediately of a strike, lockout or occupation in its business, even if it has only been announced. From 1 January 2027, the prohibition in Article 10 Waadi also applies to the Client: it then does not have Temporary Workers work in the part of its business where the strike, lockout or occupation is taking place.

Article 23. Identity and the Wet arbeid vreemdelingen

23.1 Before the start, Aanpakkers XL establishes the identity of the Temporary Worker on the basis of a valid identity document (Article 7c Waadi) and checks whether the Temporary Worker is allowed to work in the Netherlands. If a Temporary Worker needs a work permit (tewerkstellingsvergunning) or a combined residence and work permit for the work, Aanpakkers XL makes the Temporary Worker available only if that permit is in place.

23.2 If the Temporary Worker is not a national of a country of the EU, the EEA or Switzerland, Aanpakkers XL gives the Client a copy of the Temporary Worker’s identity document at the start (Article 15 Wav). The Client establishes the identity on the basis of the original document and keeps the copy for at least five years after the end of the calendar year in which the work ended.

23.3 For nationals of the EU, the EEA and Switzerland, such as Polish Temporary Workers, that obligation does not apply. Aanpakkers XL then gives the Client only the identity details that the Client must record under the law or needs to limit its liability. The Client may inspect the original identity document at the start.

23.4 Each party bears the fines and other consequences of its own failures under the Wav. At the request of a supervisory authority, the parties cooperate to ensure that the identity of a Temporary Worker can be established within the statutory period (Article 15a Wav).

Article 24. Hirer’s liability and G-account

24.1 If Aanpakkers XL does not pay the payroll taxes or the VAT on a Placement, the Client is jointly and severally liable for them under Article 34 of the Invorderingswet 1990 (Tax Collection Act 1990). For periods from 1 January 2027, the law assumes that this liability amounts to 35% of the invoice amount (Article 34a Invorderingswet 1990). The amount and the limitation of this liability follow from the law as it applies at that time.

24.2 If Aanpakkers XL has a G-account, the Client can pay the part of an invoice that Aanpakkers XL states on it as the G-part into that G-account and the rest into Aanpakkers XL’s ordinary account. The number of the G-account and the percentage are then stated on the invoice. What the Client pays into the G-account reduces its liability in accordance with the law.

24.3 Aanpakkers XL states on its invoices the details the Client needs to limit its liability, such as the number of the Assignment, the period and the description of the work. On request, it provides a recent statement of payment history (verklaring betalingsgedrag) from the Belastingdienst (Dutch Tax Administration). The Client itself keeps the records it needs for this, such as the Agreement, the hours worked, the payments and the identity details of the Temporary Workers.

24.4 If Aanpakkers XL is registered in the register of the Stichting Normering Arbeid (SNA, the Labour Standards Foundation), or has another recognition that can limit the Client’s liability, this is stated in the Order Confirmation. The consequences of such a registration or recognition follow from the law and the policy of the Belastingdienst as they apply at that time.

24.5 Aanpakkers XL pays the Temporary Worker the wages to which the Temporary Worker is entitled. If the Client is held liable for those wages (Article 7:616a BW), it notifies Aanpakkers XL immediately. If the claim arises from incorrect, incomplete or late information from the Client, Article 15.4 applies.

Article 25. Registration, supervision and onward lending

25.1 From 1 January 2027, Aanpakkers XL notifies the Client in writing before the start that the Temporary Worker is being made available by Aanpakkers XL, and keeps a record of which Temporary Worker it makes available to whom (Article 12c Waadi), in accordance with the law as it applies at that time.

25.2 From 1 January 2027, the Client records, no later than the first working day, which Temporary Worker has been made available to it by which business, and keeps that data for as long as Article 12d Waadi prescribes (seven years).

25.3 The Client gives supervisory authorities and, from 1 January 2027, the inspection body the information they need to check whether the Temporary Worker receives the correct pay, and cooperates with their checks (Article 12u Waadi). The parties inform each other of any such check.

25.4 The Client does not make a Temporary Worker available to a third party (onward lending, doorlenen) without the prior written consent of Aanpakkers XL. Onward lending is itself also making workers available: from 1 January 2028, the Client needs its own admission for this, unless a statutory exception applies.

25.5 If Aanpakkers XL arranges housing for a Temporary Worker, that housing meets the requirements of the law as it applies at that time, from 1 January 2027 including Article 12b Waadi.

Article 26. Employment of a Temporary Worker by the Client

26.1 Aanpakkers XL does not prevent the Client and the Temporary Worker from entering into an employment contract with each other after the Placement (Article 9a Waadi). These terms and conditions do not prohibit this either.

26.2 If the Client, or a business in its group, enters into a working relationship with the Temporary Worker during the Placement or within six months after it ends, the Client owes Aanpakkers XL a reasonable fee for its services in the placement, recruitment or training of that Temporary Worker. A working relationship is an employment contract, an assignment to the Temporary Worker as a self-employed contractor, or work through another temporary employment agency or a payroll company.

26.3 The same applies if, within six months of Aanpakkers XL proposing a candidate to the Client, the Client has that candidate work for it without the involvement of Aanpakkers XL.

26.4 The amount of the fee is stated in the Order Confirmation. The fee is no higher than is reasonable for the services of Aanpakkers XL. This takes into account how long the Temporary Worker has already worked for the Client: the longer, the lower the fee. If a ministerial regulation under Article 9a Waadi (possibly from 1 January 2027) sets rules on the amount, the fee is never higher than that regulation permits.

26.5 If the Client wishes to employ a Temporary Worker, it notifies Aanpakkers XL of this in writing in advance, so that Aanpakkers XL can end the employment contract with the Temporary Worker in good time and in the correct manner.

Part C. Subcontracted works and services

Article 27. Application and own direction

27.1 This part applies in addition to Part A when Aanpakkers XL carries out Works, as a contractor or as a subcontractor, or performs Services.

27.2 Aanpakkers XL carries out Works and Services independently, with its own Staff Members under its own supervision and direction. This is not a Placement; Part B then does not apply. The Client gives instructions about the performance to the supervisor designated by Aanpakkers XL, and not directly to Staff Members. Instructions about safety and about the rules at the workplace may always be given directly.

27.3 Aanpakkers XL may have Works or Services carried out in whole or in part by third parties, such as self-employed contractors or subcontractors. It then remains responsible for proper performance (Article 7:751 BW).

27.4 If Aanpakkers XL works as a subcontractor, the conditions of the contract between the Client and its own client, such as specifications (bestek), the UAV 2012 (Uniform Administrative Conditions for the Execution of Works 2012) or purchasing conditions, apply to Aanpakkers XL only to the extent that the parties have expressly agreed this in writing and Aanpakkers XL received those documents before the Agreement was concluded.

27.5 If the Works or Services require a recognition, certificate or personal qualification, such as a ProRail recognition, VCA or a rail safety pass, the Client reports this before the quotation and it is stated in the Order Confirmation. Aanpakkers XL then deploys only Staff Members who meet those requirements.

Article 28. Workplace, access, permits and safety

28.1 The Client arranges, in good time and at its own expense:

  • access to the site and the workplace and, for inspections, to banks and watercourses, with the permission of owners and managers required for this;
  • the permits, exemptions, notifications and consents required for the Works or the Services, unless the Order Confirmation states that Aanpakkers XL arranges them;
  • for work on or near the railway: the track possessions, the workplace protection, the safety plan and the rules of ProRail or another railway infrastructure manager and of the main contractor that apply at the workplace, unless the Order Confirmation states that Aanpakkers XL takes care of part of this;
  • correct and complete information about the workplace, such as drawings, dimensions, the soil and the location of cables, pipes and other obstacles;
  • coordination with others working on or near the workplace;
  • the facilities stated in the Order Confirmation, such as electricity, water or storage space.

28.2 Aanpakkers XL may rely on the accuracy of the information and documents provided by the Client. The consequences of incorrect or incomplete information, or of defects in the workplace, the soil or the materials of the Client, are for the Client’s account, unless Aanpakkers XL has not complied with its duty to warn under Article 29 (Article 7:760 BW).

28.3 Aanpakkers XL is not liable for damage to cables, pipes or other objects in the ground that were not shown, or not shown in the correct place, in the information it received from the Client or from network operators, unless it did not work as carefully as may be expected of it.

28.4 Aanpakkers XL ensures the safety of its Staff Members during the performance and provides their personal protective equipment. The Client ensures a safe workplace to the extent that this falls under its responsibility, such as the safety of rail traffic, access to the site and coordination with other parties. These terms and conditions do not detract from the liability the Client has towards Staff Members under the law.

28.5 If Aanpakkers XL cannot start at the agreed time, or must interrupt the work, due to a circumstance that is at the Client’s risk, the Client pays for the waiting time and the additional costs of staff, equipment and travel. The rates in the Order Confirmation apply to this, or otherwise reasonable rates. Examples are a workplace that is not accessible or not safe, a missing permit or instruction, and a track possession that does not go ahead, starts later or ends earlier for a reason that is not due to Aanpakkers XL. The period for performance is then extended.

28.6 If the workplace is not safe, a permit or track possession is missing, or the Client does not pay an instalment on time, Aanpakkers XL may halt the work until this has been resolved. Article 28.5 then also applies.

Article 29. Duty to warn and unforeseen circumstances

29.1 If Aanpakkers XL notices errors or defects in the Assignment, in drawings, calculations or other information from the Client, or in the workplace, the soil or the materials that the Client makes available, it warns the Client of this clearly and in writing (Article 7:754 BW). If the Client maintains the Assignment after that warning, the consequences are for the Client’s account.

29.2 If, after the Agreement has been concluded, circumstances arise that increase the costs and that are not attributable to Aanpakkers XL, such as a different soil or obstacles that were not known, Aanpakkers XL reports this as soon as possible. It is then entitled to a reasonable adjustment of the price and the schedule (Article 7:753 BW). The parties consult about this before Aanpakkers XL continues, unless this is not possible because of danger or urgency.

Article 30. Additional and reduced work

30.1 Additional work is work that Aanpakkers XL carries out at the Client’s request in addition to or instead of what is set out in the Agreement. Reduced work is work under the Agreement that is cancelled at the Client’s request.

30.2 For additional work, the parties follow these steps:

  • the Client requests the additional work, preferably in writing;
  • Aanpakkers XL states in writing before performance that the additional work will lead to a higher price and, if possible, states the price or rate and the consequences for the schedule;
  • the Client gives a written instruction for the additional work.

30.3 Aanpakkers XL charges for additional work only if it has warned the Client in good time of the resulting price increase, unless the Client should have understood this of its own accord (Article 7:755 BW). If Aanpakkers XL has warned the Client in good time and the Client still has the additional work carried out, it is also payable if there is no written instruction.

30.4 If Aanpakkers XL must take immediate measures to prevent danger or damage and cannot reach the Client in time, it reports those measures and the costs as soon as possible. The reasonable costs are for the Client’s account, to the extent that the measures were in the Client’s interest and the cause is not attributable to Aanpakkers XL.

30.5 Aanpakkers XL deducts reduced work from the price. It does, however, charge costs that it has already incurred for the cancelled work or can no longer avoid.

Article 31. Performance period

31.1 A period for performance or delivery is a target period, unless the parties have expressly agreed a strict deadline (fatale termijn) in writing.

31.2 The period is extended by the delay caused by additional work, by weather in which work cannot be carried out safely or responsibly, by force majeure and by circumstances that are at the Client’s risk.

31.3 If Aanpakkers XL is likely to exceed a period, it reports this as soon as possible. If a target period is exceeded, the Client first gives Aanpakkers XL written notice of default and gives it a reasonable period in which to perform after all.

Article 32. Delivery, risk and ownership

32.1 When the Works are complete, Aanpakkers XL notifies the Client in writing. The Client inspects the Works within 8 days of that notification and informs Aanpakkers XL in writing whether it approves them. If it does not approve them, it states the defects.

32.2 The Works are deemed delivered as soon as the Client approves them, if it does not respond within 8 days, or if it takes the Works into use. If it takes part of the Works into use, that part is deemed delivered.

32.3 Minor defects that do not impede use are not a reason to refuse approval. Aanpakkers XL repairs them within a reasonable period.

32.4 For maintenance and other work carried out periodically or in stages, such as landscape maintenance, each round carried out or each completed stage is deemed delivered, unless the Client reports defects in writing within 8 days of performance.

32.5 From delivery, the Works are at the Client’s risk (Article 7:758(2) BW).

32.6 Materials that Aanpakkers XL supplies for Works remain its property until the Client has paid everything it owes for those Works, to the extent that they have not yet become the property of another through processing or accession (natrekking).

Article 33. Defects after delivery

33.1 After delivery, Aanpakkers XL is not liable for defects that the Client should reasonably have discovered at delivery (Article 7:758(3) BW).

33.2 Aanpakkers XL is liable for defects that were hidden at delivery if they are attributable to it and the Client reports them in writing within twelve months of delivery, as soon as possible after it discovered them or should have discovered them.

33.3 If the Works are a building or structure (bouwwerk) within the meaning of Article 7:758(4) BW, Articles 33.1 and 33.2 apply only if the parties have expressly agreed this in the Order Confirmation. Otherwise, after delivery Aanpakkers XL is liable under Article 7:758(4) BW, with the periods of Article 7:761 BW.

33.4 The Client first gives Aanpakkers XL the opportunity to repair a defect within a reasonable period (Article 7:759 BW), unless repair is so urgent that it cannot wait.

33.5 Aanpakkers XL is not liable for defects caused by normal wear and tear, incorrect use or insufficient maintenance after delivery, by damage caused by third parties such as a collision or vandalism, or by information or materials from the Client, except if it has not complied with its duty to warn. Loss of plants due to drought, frost, waterlogging, damage by animals or insufficient maintenance after delivery is also not covered by its liability, unless the Order Confirmation includes a guarantee that the planting will take root.

33.6 Aanpakkers XL cannot exclude or limit its liability for hidden defects that it knew about and concealed (Article 7:762 BW). Otherwise, Article 7 applies.

Article 34. Services: inspections and watercourse surveys

34.1 For Services, Aanpakkers XL makes every effort to perform them as may be expected of a good service provider (Article 7:401 BW). It does not guarantee a particular result, unless the parties have expressly agreed this in writing.

34.2 An inspection or survey report describes what Aanpakkers XL observed at the time of the inspection, at the agreed locations and using the agreed method. Aanpakkers XL is not liable for defects that it could not observe in a careful inspection using that method, for example because they were under water, under vegetation or outside the agreed locations.

34.3 The Client decides for itself which measures it takes on the basis of the report. Aanpakkers XL uses information the Client supplies, such as maps, standards and previous survey data, without checking it, unless agreed otherwise.

34.4 Inspections from the water or along banks depend on the weather, the water level, the vegetation and accessibility. If an inspection cannot take place safely or meaningfully as a result, the parties agree a new date.

34.5 Third parties cannot derive any rights from a report by Aanpakkers XL.

Article 35. Early termination

35.1 The Client may terminate an Agreement for Works at any time. It then pays the full price, less what Aanpakkers XL saves as a result of the termination, and the part of the Works already carried out is delivered (Article 7:764 BW).

35.2 The Client may terminate an Agreement for Services for a fixed duration or a specific job at any time. It then pays for the work already carried out, the costs Aanpakkers XL has already incurred and the obligations Aanpakkers XL has entered into for the Assignment and can no longer end. Aanpakkers XL may terminate such an Agreement early only if there is a serious reason for doing so (Article 7:408 BW).

35.3 By way of derogation from Articles 35.1 and 35.2, either party may terminate an Agreement for an indefinite period for maintenance, inspections or other periodic work in writing with a notice period of 30 days.

Article 36. Chain liability and G-account

36.1 If Aanpakkers XL works as a subcontractor, the Client may, under Article 35 Invorderingswet 1990, be liable for the payroll taxes that Aanpakkers XL owes for the Works. Under Article 7:616a BW, the Client may also be liable for the wages of Aanpakkers XL’s employees. Aanpakkers XL pays its employees the wages to which they are entitled and pays the payroll taxes.

36.2 If Aanpakkers XL has a G-account, the Client can pay the part of an invoice that Aanpakkers XL states on it as the G-part into that G-account and the rest into Aanpakkers XL’s ordinary account. What the Client pays into the G-account counts as payment of that part of the invoice.

36.3 On request, Aanpakkers XL provides a recent statement of payment history from the Belastingdienst. Within the limits of the AVG, it also gives the Client the details of Staff Members that the Client needs for access to the workplace and to limit its liability, such as names and hours worked.

Article 37. Employment of Staff Members

37.1 If the Client, or a business in its group, employs a Staff Member whom Aanpakkers XL deployed for an Assignment for Works or Services, during that Assignment or within six months after it ends, or has that Staff Member work for it in another way, the Client owes Aanpakkers XL a reasonable fee for the recruitment and training of that Staff Member. The amount of the fee is stated in the Order Confirmation.

37.2 This article does not prohibit the Client from employing a Staff Member, and does not restrict the Staff Member in their choice of employer or client.

Part D. Final provisions

Article 38. Applicable law and disputes

38.1 These terms and conditions and every Agreement are governed by Dutch law. The Vienna Sales Convention (CISG) does not apply.

38.2 The parties first try to resolve a dispute together.

38.3 If that does not succeed, the Rechtbank Oost-Brabant (District Court of East Brabant), at its ’s-Hertogenbosch location, has jurisdiction. This does not apply to cases that fall within the jurisdiction of the kantonrechter (subdistrict court), such as claims of up to and including €25,000: these go to the kantonrechter that has jurisdiction under the law (Article 108(2) Wetboek van Burgerlijke Rechtsvordering (Dutch Code of Civil Procedure)).

38.4 Aanpakkers XL may also submit a dispute to the court that would have jurisdiction without Article 38.3.

Article 39. Amendment of these terms and conditions

39.1 An Agreement is governed by the version of these terms and conditions referred to in the quotation or the Order Confirmation, or otherwise the version that applied when the Agreement was concluded.

39.2 Aanpakkers XL may amend these terms and conditions. A new version applies to new Agreements from the date on which it takes effect. For current Agreements, such as framework agreements and Assignments for an indefinite period, a new version applies 30 days after Aanpakkers XL has sent it to the Client in writing.

39.3 If the Client does not wish to accept a new version, it may terminate a current Agreement in writing with effect from the date on which the new version would start to apply to that Agreement.

39.4 An amendment that is needed only because the law changes, such as the changes to the Waadi as of 1 January 2027 and as of 1 January 2028, applies from the moment the law requires it. Aanpakkers XL gives notice of such an amendment as soon as possible. The right of termination in Article 39.3 does not apply to it.

Article 40. Language, availability and other provisions

40.1 These terms and conditions have been drawn up in Dutch. In the event of any difference between the Dutch text and a translation, the Dutch text prevails.

40.2 Aanpakkers XL sends these terms and conditions with its quotation or Order Confirmation. They are also available at www.aanpakkersxl.nl, and Aanpakkers XL sends them free of charge on request.

40.3 If a provision of these terms and conditions is void or is annulled, the other provisions continue to apply. The parties then replace the invalid provision with a valid provision that comes as close as possible to its purpose.

40.4 The Client may transfer its rights and obligations under an Agreement to another party only with the written consent of Aanpakkers XL.

40.5 Provisions that by their nature continue to apply after the end of an Agreement, such as those on liability, indemnification, confidentiality, personal data, employment and disputes, remain in force after the end.

Version: 16 October 2026