ARTICLE 10 - SUSPENSION
In the event of force majeure, the delivery and other obligations of the entrepreneur can be suspended. If this period, in which fulfilment of the obligations of the entrepreneur is not possible due to circumstances beyond one's control, lasts longer than 90 days, both parties have the right to terminate the agreement, without any obligation to pay damages. If, when the force majeure takes effect, the entrepreneur has already partially fulfilled his obligations, or could only partially fulfil his obligations, he is entitled to separately invoice what has already been delivered. In that case, the consumer is obliged to pay this invoice as if it were a separate contract. Force majeure on the part of the consumer does not include the circumstance that the proprietor cannot carry out the work in accordance with the contract because other and/or preparatory work on the part of the consumer has not been carried out or has not been carried out on time.
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and in case law, all external causes over which the proprietor cannot exercise any control, but which prevent the proprietor from being able to meet his obligations, including strikes in the company of the proprietor or third parties, staff sickness, staff shortages, traffic jams, accidents, power or computer problems, fire, theft, government measures, poor weather conditions, lack of raw materials and late deliveries to the proprietor by third parties. The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the contract occurs after the entrepreneur should have fulfilled his obligation.
If, in the opinion of the proprietor, work cannot be carried out on time as a result of weather or temporary site conditions, he is entitled to suspend work for as long as these conditions persist, without the consumer being entitled to compensation.
If the work agreed on cannot be carried out, or can only be carried out in part, for a maximum of 90 days because of circumstances beyond the proprietor's control, the proprietor should contact the consumer immediately with the aim of making arrangements for alternative work.