Title Retention (ownership reservation)

This page sets out retention of title and related provisions for goods delivered by Smaling Service Monteur under Dutch law, including additional securities and customer duties.
Last update: 19-10-2025 · Version: ER-2025.10.19

This page forms part of our Terms & Conditions. In case of conflict, the Terms & Conditions prevail.

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1. Retention of Title (art. 3:92 DCC)

All movable goods delivered remain our property until the customer has fully performed all obligations, including statutory (commercial) interest and extrajudicial collection costs pursuant to the Dutch BIK decree.
Where permitted by law, an extended/prolonged retention applies: it also covers claims from earlier and later deliveries and customer default.
If resale occurs prior to full payment, the resulting receivables against third parties accrue to Smaling Service Monteur as security (see also section 5).

2. Processing, accession and de-installation

If goods are processed/consumed or permanently affixed to real property, retention may cease due to accession/specification. In such cases, additional security (e.g., advance payment, bank guarantee or pledge) may be required.
Where technically and structurally feasible, de-installation/recovery can be proposed; this will only take place if lawful, safe and without disproportionate harm to the customer/third parties.

3. Segregation & identification duty (no commingling)

Until full payment, the customer stores delivered goods clearly identifiable as owned by Smaling Service Monteur and keeps separate records; commingling with similar goods is avoided.
Serial numbers, labels and markings must remain intact; upon first request, the customer provides inventory lists and location details.

4. Payment, interest and extrajudicial costs

Upon default, statutory interest (consumers) or statutory commercial interest (B2B) is due.
Extrajudicial collection costs are charged pursuant to the BIK scale (or its successor). All reasonable out-of-court recovery costs are for the customer’s account.

5. Pledges & assignment: receivables and insurance proceeds

The customer cooperates—where legally permitted—in creating a (silent) right of pledge in favour of Smaling Service Monteur over (i) present and future receivables against buyers arising from resale of not-yet-fully-paid goods and (ii) insurance proceeds relating to loss/damage/theft of such goods.
Smaling Service Monteur may require execution and, where necessary, notification of the pledge to third parties/insurers. The customer signs and delivers all required (registered) deeds and ancillary documents.

6. Passing of risk, insurance and cooperation

Risk of loss, damage or theft passes to the customer upon actual delivery/commissioning.
While retention applies, the customer maintains adequate insurance (fire/theft/transport). On request, the customer provides the policy (pages) and proof of premium payment. Any proceeds serve—where legally possible—as security for Smaling Service Monteur (see section 5).

7. Resale, use and restrictions

Without full payment, disposal, pledge, lease or other encumbrance is not allowed, except in the ordinary course of business and subject to Smaling Service Monteur’s security rights.
The customer notifies third parties (including buyers, lessors, financiers and attaching creditors) of the retention of title in a timely manner and provides their details upon first request.

8. Supervision/inspection and lawful recovery

Smaling Service Monteur may, during normal business hours and upon reasonable notice, visit locations where not-yet-fully-paid goods are kept to verify compliance.
Recovery never occurs through self-help; it requires customer cooperation or competent authorities (e.g., bailiff after court leave). The customer grants reasonable access and factual cooperation for orderly and lawful recovery.

9. Insolvency/suspension, notifications and enforcement

The customer immediately reports circumstances that could impair recovery (e.g., attachments, looming insolvency/suspension, relocation of goods).
In insolvency/suspension, Smaling Service Monteur may invoke retention and disclose (silent) pledges. The trustee is informed; the customer ensures full disclosure and access to records and locations of goods.

10. Reasonable compensation for breach

In case of attributable breach, the customer compensates all resulting damage, including reasonable costs for tracing, secure storage, transport, experts and (judicial) enforcement. Consumers will not face unfair penalties.

11. Evidence (digital communications) and final clause

E-mail, portal messages, SMS/WhatsApp, (photo)reports and log files have evidentiary value between parties to the extent permitted by law.
Exclusively governed by Dutch law. Competent court: the district of Smaling Service Monteur’s place of business (Gelderland, Arnhem), unless mandatory consumer law provides otherwise.

12. Informative legal references

Informative (non-exhaustive): retention of title art. 3:92 DCC; accession/specification Books 3/5; pledges Book 3; default/interest Book 6; BIK; insolvency law (Dutch Bankruptcy Act).