Title Retention (art. 3:92 DCC)

This page describes retention of title and related provisions for goods delivered by Smaling Service Monteur, governed by Dutch law.
Last update: 21-08-2025 · Version: ER-2025.08.21

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 met all payment obligations under the agreement, including — where applicable — statutory (commercial) interest and extrajudicial collection costs pursuant to the Dutch BIK decree.
Where permitted by law, an extended/prolonged retention of title applies: it also covers claims from earlier/later deliveries or customer default.
In the event of resale, the customer hereby assigns to Smaling Service Monteur the resulting receivables from its buyers as security; the customer will cooperate with assignment/notification where legally required.

2. Processing & accession (installation work)

Retention of title may cease due to accession/specification if goods are processed/consumed or affixed to real property; additional security (e.g. advance payment or pledge over receivables) may be required.
For loose/demountable components, retention remains until processed or becoming immovable.

3. Payment, interest and collection

If payment terms are exceeded, statutory (commercial) interest becomes due after default.
Extrajudicial collection costs are charged in accordance with the BIK scale or any successor regulation.

4. Recovery only through lawful means

In case of default, bankruptcy or suspension of payments, retention may be invoked. Recovery never occurs through self-help but only with customer cooperation or via competent authorities (e.g., bailiff after court leave).
The customer will reasonably cooperate in lawful enforcement, subject to applicable laws and third-party rights.

5. Risk and insurance

Risk of loss/damage/theft passes to the customer upon actual delivery.
The customer shall maintain appropriate insurance (e.g., fire/theft) while retention applies and provide evidence upon request.

6. Use, disposition and security

Until full payment, disposition, pledge or encumbrance without written consent is not allowed, except in the ordinary course of business.
If retention provides insufficient security, additional securities (e.g., bank guarantee or pledge) may be required.

7. Reasonable compensation in case of breach

In case of attributable breach, the customer shall compensate damages (including reasonable costs of tracing, storage and sale). No unfair penalties are applied to consumers.

8. Final provisions

If any provision is null/voidable, the remaining provisions remain in force; a lawful replacement clause will apply.
Exclusively governed by Dutch law. Competent court: district of our place of business, unless mandatory consumer law provides otherwise.

9. Legal references (informative)

Retention of title: Dutch Civil Code Book 3, notably art. 3:92. Default/interest: Book 6 (statutory and commercial interest). Extrajudicial costs: BIK. Accession/specification: Books 5/3. For information only.